Fitz v. Rosenblum

Fitz v. Rosenblum

United States Court of Appeals for the Ninth Circuit

Previously: United States District Court for the District of Oregon – Docket No: 3:22-cv-01859

Filed: November 30, 2022

Status: Active

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.

Case Team: James L. Buchal, William Bergstrom, Derek Angus Lee

Case Documents


To access all of the case documents at the District Court, please visit the docket.

To view documents filed on appeal, please visit the Court of Appeals docket.

Case Media