August 28, 2023

Appeal Filed in Federal Lawsuit Over Oregon’s Measure 114

Why It Matters: Oregon’s law-abiding hunters and recreational shooters have long played a vital role in funding conservation and wildlife management efforts throughout the state. Under the American System of Conservation Funding (ASCF), a unique “user pays – public benefits” structure, Oregon’s sportsmen and women generate tens of millions of dollars each year for the Oregon Department of Fish & Wildlife. These funds are generated through license sales and a 10-11% federal excise tax on sporting-related goods, including firearm purchases. If implemented, Measure 114 will impact conservation funding by decreasing the tax revenue available for wildlife management and conservation.

Highlights:

  • On August 11, the National Shooting Sports Foundation (NSSF) and Oregon State Shooting Association (OSSA) filed an appeal in the federal lawsuit over Oregon’s Measure 114. This appeal comes on the heels of Judge Karin Immergut of the U.S. District Court for the District of Oregon upholding the provisions of Oregon’s Measure 114 as constitutional in her July 31 judgement.
  • Oregon’s Measure 114 narrowly passed on the November 2022 ballot and if implemented would ban standard capacity magazines and require an impossible permitting system to purchase a firearm. The measure’s provisions remain on hold while legal challenges are also underway in state court.
  • The Congressional Sportsmen’s Foundation (CSF) and eight partner organizations filed an amicus brief in the U.S. District Court on May 31 in support of the NSSF-backed lawsuit and will continue to support the lawsuit as the appeal moves forward.

On August 11, the National Shooting Sports Foundation (NSSF) and Oregon State Shooting Sports Association (OSSA) filed an appeal in the United States Court of Appeals for the Ninth Circuit in the federal legal challenge over Measure 114’s provisions. This appeal follows a judgement entered by Judge Karin Immergut on July 31 that upheld the initiative as constitutional.

Measure 114 was passed on the November 2022 ballot by a narrow margin of less than 1.5% and has since remained on hold due to a state court injunction that will be in place until that court considers the provision’s legality at a trial in September. The measure, if implemented, would ban standard capacity magazines capable of holding more than 10 rounds and would require an impossible permitting process to purchase a firearm. Both before and since Measure 114’s passage, over 20 national and state organizations organized as the Sportsmen’s Opposed to Gun Violence Coalition and have since been working on legal and legislative strategy.

The Congressional Sportsmen’s Foundation and partner organizations filed an amicus brief in support of the NSSF backed case and also successfully opposed Senate Bill 348 during the 2023 legislative session, which if passed, would have implemented Measure 114’s provisions through legislative action. CSF and other members of the Sportsmen’s Opposed to Gun Violence Coalition will continue to support the federal legal challenge against Oregon Measure 114 as it moves forward.

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