On June 12, 2025, the Oregon State Supreme Court agreed to hear an appeal of a decision in Arnold v. Kotek, a case challenging Oregon’s recent firearms law that bans standard-capacity magazines, requires a completed criminal background check (no transfers on a delay) at the point-of-transfer, and establishes a permit-to-purchase program.
Following the passage of the Reduction of Gun Violence Act (the “Act”) in November of 2022, the lawsuit was brought in Oregon Circuit Court challenging the Act’s constitutionality under Art. I, § 27 of the Oregon Constitution, which establishes that “people shall have the right to bear arms for the defence of themselves, and the State…” In November of 2023, the Oregon trial court ruled that the Act is unconstitutional and prohibited its enforcement.
On appeal, the Oregon Court of Appeals reversed the trial court and held that the Act is constitutional because it does not unduly burden the right to bear arms under Oregon’s constitution. With respect to the Act’s background check and permit-to-purchase provisions, the Court of Appeals held that the right to bear arms under Oregon’s constitution, “does not provide an absolute right, but a right to armed self-defense that is subject to the wide latitude of the legislature to enact specific regulations restricting the possession and use of weapons to promote public safety.” In upholding the constitutionality of the Act’s ban on standard-capacity magazines (more than 10 rounds), the Court of Appeals stated that while Measure 114 limits “an individual’s ability to legally fire more than 10 rounds of ammunition without reloading…” such restriction “does not unduly frustrate the right to armed self-defense guaranteed” by Oregon’s constitution.
While the Court of Appeals held that the Act is constitutional under Oregon law, the law will not go into effect because the Oregon Supreme Court agreed to review the case. As a result, the lower court’s injunction preventing the Act from taking effect remains in place until the Oregon Supreme Court issues a decision. The Oregon Supreme Court scheduled oral argument for November 6, 2025.
Renzulli Law Firm will continue to monitor the Reduction of Gun Violence Act, challenges to the Act, and similar legislation related to the firearms industry. If you have any questions, please contact John F. Renzulli or Christopher Renzulli.