Voters in only six of Oregon’s 36 counties supported the measure.
The NRA’s legislative arm termed the initiative as the nation’s “most extreme.”
Attorney Tony Aiello Jr. represents two Harney County gun owners in the suit against the state. “I have never seen this many people so interested in a legal proceeding,” he told Fox News. “This case is about a bare majority of voters passing a poorly written ballot measure that erodes, and I would say erases, a constitutional right.”
The law requires a permit merely to purchase a gun and bans the sale of magazines that may hold over 10 rounds. It does not require current owners of high-capacity magazines to hand them over. However, weapons equipped with these magazines are not permitted to be transported from the home except for practice at a firing range, shooting competitions or hunting.
Measure 114 passed last November but has not taken effect due to multiple legal challenges.
Gun rights supporters suffered a setback in July when Judge Karin Immergut ruled that the law aligns with Supreme Court mandates on gun control.
In a 122-page order, she said the law is part of “the nation’s history and tradition of regulating uniquely dangerous features of weapons and firearms to protect public safety.”
Incredibly, Immergut wrote that firearms with high-capacity magazines are “not commonly used for self-defense, and are therefore not protected by the Second Amendment.”
On Monday, Aiello will declare that the law is contrary to the Oregon Constitution. He will argue that it instead works as an outright ban on a wide range of firearms popular with the sport shooting public.
After the measure passed late last year, gun sales skyrocketed in the state. Oregon State Police reported receiving thousands of new background check requests daily as Second Amendment supporters prepared for the possibility that their rights would be taken away.
