Gun advocacy groups drop out of Harney County Measure 114 lawsuit

PORTLAND, Ore. (KOIN) – Two gun advocacy organizations have withdrawn from their lawsuit against the state of Oregon that challenged Measure 114 -- a voter-approved measure limiting ammunition capacity and requiring permit-to-purchase laws along with a state police database on guns.

Court documents filed on May 31 say Gun Owners of America Inc. and the Gun Owners Foundation are “voluntarily dismissing their claims against defendants without costs or fees.”

The case's two other plaintiffs -- Joseph Arnold and Cliff Asmussen -- are still moving forward with the suit, according to Senior Associate Attorney Tony Aiello, Jr. who is representing the gun organizations.

“This case is still ongoing and there has been no change to the temporary restraining order or preliminary injunction secured by the plaintiffs in this case. This voluntary dismissal is limited only to Gun Owners of America, Inc. and Gun Owners Foundation whose participation as named plaintiffs, in this case, is not necessary for its adjudication," Aiello told KOIN 6 News. "Plaintiffs Arnold and Asmussen will continue representing the interests of Oregonians with the full support of Gun Owners of America, Inc. and Gun Owners Foundation, as well as their legal team.”

The suit was filed against Oregon Governor Tina Kotek -- after originally being filed against former Gov. Kate Brown -- along with Attorney General Ellen Rosenblum and Oregon State Police Superintendent Casey Golding.

Passed by voters in November 2022, Measure 114 would ban firearms with "high capacity" magazines, which the measure defined as having more than 10 rounds of ammunition. The measure would also require Oregonians to take a gun safety class and undergo a background check to get a permit before purchasing firearms. The measure would have also created a state police-maintained permit/firearm database.

The measure was slated to go into effect on Dec. 8, 2022, before facing second amendment legal challenges.

Harney County Judge Robert S. Raschio issued an order that temporarily froze the law after the suit was filed. Raschio issued a preliminary injunction on Measure 114's magazine restrictions and issued a temporary restraining order on the permit requirement.

Meanwhile, Measure 114 is facing a federal suit challenging the law's permitting requirements. On Thursday morning, a lawyer defending Measure 114 in federal court said he's confident in a legal victory because of how similar cases played out in other federal courts.

“The legal landscape post-bruin is very favorable to us, we're extremely confident that after a five-day trial, we're going to prevail,” Pacifica Law Group Attorney Zach Pekelis said.

As two of the Harney County plaintiffs have dropped out of their lawsuit, the status of the federal injunction is not clear. That case is scheduled to go before a judge in September.

KOIN 6 News has reached out to the plaintiffs in the case but they chose not to respond.

This is a developing story.