Oregonians approved Ballot Measure 114 on November 8, 2022, with 50.65% of the total vote, voting in favor of the Measure. Among other things, Measure 114 criminalized the manufacture, importation, possession, use, purchase, sale, or transfer of magazines capable of holding more than ten rounds of ammunition. A violation of the newly enacted law is punishable by up to 364 days imprisonment and a fine of $6,250.
There are an estimated half a billion magazines capable of holding more than ten rounds of ammunition owned by Americans throughout the United States. The adopted Measure violates the Second Amendment rights of the people of Oregon by denying them the ability to acquire magazines that are in common use for lawful purposes.
On November 30, 2022, the Second Amendment Foundation, joined by another civil rights organization, two firearms retailers, and one individual filed suit challenging the newly approved magazine ban. The lawsuit asks a federal court to declare the magazine ban unconstitutional and enjoin the Defendants from enforcing the law.
To view documents filed on appeal, please visit the Court of Appeals docket.
Case Team: James L. Buchal, William Bergstrom, Derek Angus Lee
Recent Docket Activity
December 19th, 2023
Filed order The motion to stay appellate proceedings is granted. Proceedings are stayed pending resolution of Duncan, et al. v. Bonta, appeal No. 23-55805. [12839240] [23-35478, 23-35479, 23-35539, 23-35540] [Entered: 12/19/2023 09:08 AM]
November 28th, 2023
ENTRY UPDATED. Streamlined request [16], [15] by Appellants Katerina B. Eyre, Tim Freeman, Mazama Sporting Goods, National Shooting Sports Foundation, Inc. and Oregon State Shooting Association in 23-35539, Appellants Cody Bowen, Damian Bunting, Harold Richard Haden, Jr., Adam Johnson, Brad Lohrey, Oregon Firearms Federation, Inc., Brian Pixley, Terry Rowan, Kevin Starrett and Brian Wolfe in 23-35540 to extend time to file the brief is not approved because it is unnecessary. Briefing is stayed pending resolution of the motion to stay appellate proceedings. [12829611] [23-35478, 23-35479, 23-35539, 23-35540]--[Edited 11/29/2023 by BG] [Entered: 11/28/2023 12:46 PM]
November 28th, 2023
Filed Streamlined request for extension of time to file Opening Brief by Appellants Cody Bowen, Damian Bunting, Harold Richard Haden, Jr., Adam Johnson, Brad Lohrey, Oregon Firearms Federation, Inc., Brian Pixley, Terry Rowan, Kevin Starrett and Brian Wolfe in 23-35540. New requested due date is 01/03/2024. [12829462] [23-35540, 23-35478, 23-35479, 23-35539] [Entered: 11/28/2023 10:23 AM]
November 28th, 2023
ENTRY UPDATED. Streamlined request 16, 15 by Appellants Katerina B. Eyre, Tim Freeman, Mazama Sporting Goods, National Shooting Sports Foundation, Inc. and Oregon State Shooting Association in 23-35539, Appellants Cody Bowen, Damian Bunting, Harold Richard Haden, Jr., Adam Johnson, Brad Lohrey, Oregon Firearms Federation, Inc., Brian Pixley, Terry Rowan, Kevin Starrett and Brian Wolfe in 23-35540 to extend time to file the brief is not approved because it is unnecessary. Briefing is stayed pending resolution of the motion to stay appellate proceedings. 12829611 [23-35478, 23-35479, 23-35539, 23-35540]--[Edited 11/29/2023 by BG]
November 27th, 2023
Filed Appellants Firearms Policy Coalition, Inc., Mark Fitz, G4 Archery, LLC, Grayguns, Inc. and Second Amendment Foundation in 23-35478 Motion to extend time to file Opening brief until 01/03/2024. Date of service: 11/27/2023. [12829124] [23-35478, 23-35479, 23-35539, 23-35540] [Entered: 11/27/2023 04:14 PM]
November 27th, 2023
Filed Streamlined request for extension of time to file Opening Brief by Appellants Katerina B. Eyre, Tim Freeman, Mazama Sporting Goods, National Shooting Sports Foundation, Inc. and Oregon State Shooting Association in 23-35539. New requested due date is 01/03/2024. 12829217 [23-35478, 23-35479, 23-35539, 23-35540]
November 27th, 2023
Filed Appellants Daniel Azzopardi and Sportsman's Warehouse Inc. in 23-35479 Motion to extend time to file Opening brief until 01/03/2024. Date of service: 11/27/2023. [12829141] [23-35479, 23-35478, 23-35539, 23-35540] [Entered: 11/27/2023 04:19 PM]
