Oregon Court of Appeals Upholds Ballot Measure 114, Oregon Supreme Court Reviewing Decision

On March 12, 2025, the Oregon Court of Appeals issued its highly anticipated decision in Arnold v. Kotek, 338 Or App 556 (2025), upholding the constitutionality of Ballot Measure 114 (BM114) under Article I, section 27, of the Oregon Constitution. While the Court of Appeals ruled that Ballot Measure 114 was constitutional, the plaintiffs appealed that decision to the Oregon Supreme Court, and the parties had the oral argument on the case on November 6, 2025. We now wait for the Oregon Supreme Court to issue its own opinion on whether Ballot Measure 114 is constitutional.

What Is Ballot Measure 114?

Ballot Measure 114 was passed by Oregon voters in November 2022. The law introduces several key provisions, including:

1. Permit-to-Purchase Requirement: Individuals must obtain a permit before purchasing a firearm from “the police chief or a county sheriff, or their designee, with jurisdiction over the person’s residence.” The requirements to obtain a Permit-to-Purchase will be discussed in a separate post if/when Measure 114 is fully implemented.
   
2. Background Check Requirement: While all firearm purchases already go through a background check via the National Instant Criminal Background Check System (NICS), this provision was intended to close the “Charleston loophole.” This loophole allowed firearm dealers to transfer firearms to buyers if the background check was delayed by more than three days. However, since April 2024, Oregon has required completion of the background check before transferring firearms, so this aspect of BM 114 likely won’t cause substantial changes for most firearm purchases.
3. 10-Round Magazine Capacity Ban: Prohibits the sale, transfer, or manufacture of magazines holding more than 10 rounds. However, anyone who legally possessed a more than 10-round magazine prior to the effective date of BM 114 or who receives the magazine upon the death of a former owner who legally possessed the magazine is protected.

The Decision in Arnold v. Kotek

The Court of Appeals ruled that BM 114 does not violate the Oregon Constitution’s right to bear arms. The court explained that the Harney County Circuit Court did not follow the correct legal analysis under Article I, section 27, of the Oregon Constitution. Instead, the court applied the analysis from State v. Christian, 354 Or 22, 307 P3d 429 (2013), which focuses on whether BM 114 “enacted a reasonable regulation governing the possession and use of constitutionally protected arms in order to promote public safety without unduly frustrating the right to armed self-defense guaranteed by Article I, section 27.” After reviewing the three parts of the Measure mentioned above, they determined that Measure 114 was constitutional.

What Happens Now?

With the court’s decision, BM 114 is constitutional, but Attorney General Dan Rayfield indicates the measure will not go into effect immediately. The plaintiffs have 35 days to file an appeal with the Oregon Supreme Court, which could delay further enforcement or implementation of the law.

Additionally, the Oregon Legislature is considering modifications to BM 114 in HB 3075 (2025). Because that bill is still in committee, we do not yet know whether it will pass and supersede Measure 114.

What Does This Mean for Gun Owners in Oregon?

This decision is a significant development for gun owners and prospective buyers throughout Oregon. The implementation of BM 114 will require careful adherence to the new rules to avoid potential legal consequences, especially related to the Permit-to-Purchase requirement and the 10-round magazine restriction. 

Firearm dealers will need to find other ways to reduce their stock of magazines with greater than 10 rounds. We can provide individualized legal advice to firearm dealers regarding this issue.

Am I Facing Criminal Charges if I Have a More than 10 Round Magazine? Do I Need to Get Rid of Larger Magazines?

If you purchased the magazine prior to November 2022, you are not facing criminal charges at this stage. Section 11, subsection 5, provides affirmative defenses to protect a person from the more than 10-round magazine ban, but it excludes open or concealed carry of the magazine. If you have a more than 10-round magazine, you must keep it:

• (A) On your property (home or rental);
• (B) At a licensed gun dealer or gunsmith for repair;
• (C) At a public or private range, shooting gallery, or for legal recreational activities such as hunting;
• (D) During a firearm competition or exhibition; or
• (E) While transporting the magazine between authorized locations, provided it is not inserted in a firearm and is stored in a locked, separate container.

Stay Updated

As we await the decision of the Oregon Supreme Court, check our blog regularly. We will continue to follow the decision of Ballot Measure 114 and other gun rights issues in Oregon. Gunn & Gunn is prepared to assist client with Purchase Permits should BM 114 go into effect.

If you have questions about your rights under Ballot Measure 114 or need legal guidance, contact Gunn & Gunn today. We are here to protect your Second Amendment rights in Oregon.