December 2023 Newsletter

• Opening Editorial

• Opinion: The Will of the Oregon Voters Was Temporarily Thwarted by the Harney County Judge

• What Is Wrong With the Harney County Decision

• Volunteer Spotlight

• Living the Nonviolent Life Workshop

“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but one must take it because conscience tells them it is right.”

Martin Luther King Jr. A Testament of Hope;
The Essential Writings and Speeches

One of the key parts of the organization and formation of Lift Every Voice Oregon was the intentional formation of one of the most diverse movements this nation has ever witnessed. At our core is the diverse interfaith gathering of leaders along with so many others of just good will who may never have stepped into a house of worship but with whom we celebrate our common and beautiful humanity. In this nation where hate is on the rise our mission and work today goes far beyond Measure 114 and our call to end gun violence. It speaks to ending all violence.

Together we are striving to implement State Law Measure 114 and are building the resources both human and financial to see it through the courts to be fully, justly, and equitably implemented. The sooner we do this, the more lives will be saved. This is not some distant need but real right now even as I prepare to lead a funeral for a 33-year-old dear friend who was a gift to so many and whose life was taken by a gun. Many young men and women will weep at his funeral and will ask how long must this gun violence continue.

This is why our call to conscience and our moral imperative to act out of love for this and future generations is as important now as ever – whatever the odds, real and perceived, are against us.

Measure 114 is a vitally important bellwether law that we will see implemented together. However, it is not the end, but rather the beginning of a movement to transform the safety and sanctuary of Oregon and this country.

Rev. Dr. W. J. Mark Knutson,
Chair and Chief Petitioner for Lift Every Voice Oregon

Judge Robert Raschio probably knew exactly what he was going to do when he began the trial on Measure 114. The opinion doesn’t differ much from his preliminary order a year ago when he declared Measure 114 unconstitutional.

He heard only the evidence he chose to let in, excluded important scientific evidence and, based on that record, found Measure 114 “does not increase public safety but diminishes it.” The “record” for the Oregon appellate courts to consider appears to reflect a pre-determined conclusion rather than an impartial review of all the evidence.

Instead of listening solely to the facts submitted by the parties, Judge Raschio attempted to develop support for claims not raised in the complaint. He disregarded the scope of the trial he had established and asked his own questions of a witness on matters that had been excluded. During his questioning of LEVO’s Volunteer Coordinator Joe Paterno, the Judge used outrageous hypotheticals mocking the three religious leaders supporting the measure. This questioning strayed into hypotheticals about implementation, even though he had issued a pre-trial order prohibiting parties from asking such questions. This conduct suggested a clear bias against Measure 114.

Why was Judge Raschio’s jurisdiction chosen as a place for gun owner advocates to present their case?

It is not uncommon for the opposition to pick a favorable venue for a trial. But in this case, they were also choosing the judge since there was only one judge in Harney County, Judge Raschio. They knew he would be trying the case. He knew that in this sparsely populated county, the majority of its 4,740 voters, 84.9%, voted “no” on Measure 114. Was his outrageous decision based on political considerations?  Does it reflect the faithful and impartial discharge of duties that all judges promise when they are elected to that position?

What do we do now?

Patience and perseverance is required. The case is still in the Harney County Court and will have one more half-day hearing on Jan. 2nd 2024. The Court will be deciding whether to remove several sections of his ruling that the State attorneys have challenged because they concern issues that were not raised or based upon false statements regarding evidence introduced at trial. The time for appeal will not start until this ruling is entered following the hearing on Jan. 2nd . So further delay. We thank all of you for sacrificing your time away from work, family and your own personal lives to help pass this life-saving measure. You should feel very proud of what you did. And yes, you should feel upset that the implementation is being delayed by such a flawed ruling. But, we will prevail in the end.

What is Wrong With the Harney County Decision?

Attorney General Ellen Rosenblum responded on the day the Harney County Court decision was issued with four words: “The…ruling is wrong.” We adamantly agree - the opinion is seriously flawed. While the comprehensive legal response will be prepared on appeal by the very capable Attorney General’s staff, we wanted to share a few of the most egregious errors:

Judge Raschio Strayed from the Only Issue He Was Required to Decide.

The sole question in the Harney County trial was whether Measure 114 on its face (solely as written, not as later applied in any particular situation), is capable of being interpreted as constitutional, but the judge ignored this principle and instead adopted extreme interpretations for many sections to reach his finding that Measure 114 is unconstitutional. The issues below reflect this approach.

Large-Capacity Magazines Are Not Protected Arms.

The US and Oregon Constitutions both protect the right to bear “arms” for self-defense. But large-capacity magazines (LCMs) are simply ammunition or as the federal court found “accessories to arms”.  So, they are not protected under the Oregon Constitution.

Measure 114 Does Not Impair Self-Defense. 

Even if magazines were considered “arms”, Measure 114 only excludes a subset of all magazines (those over 10 rounds). Virtually all guns are fully operable with 10-round magazines and therefore can be used effectively for self-defense. In order to evade this logical conclusion, Judge Raschio applied an inaccurate and extreme interpretation suggesting  Measure 114 precludes the use of virtually any gun, not just large-capacity magazines, if the gun could shoot more than 10 rounds. This was not the intended nor the standard interpretation given the definition used in Measure 114. 

Large-Capacity Magazines Are Almost Never Used for Self-Defense.

The Oregon Constitution does not guarantee the right to own every size of magazine simply based on personal preference.  Evidence at trial showed that the use of over 10 rounds for self-defense is exceedingly rare (0.3% of the time) and the average number of rounds used is 2.3 per event. Measure 114 has no restrictions on how many magazines, 10 rounds or under, can be carried by individuals at any time. So public safety for gun owners, who will still be amply able to defend themselves, is not compromised or “unduly frustrated” by Measure 114.

Permits to Purchase Promote Public Safety.

The Oregon Constitution permits regulations that enhance public safety.  Credible evidence was offered to show that, after permits to purchase were enacted in other states, the homicides and suicides decreased (down 28% for homicides and 33% for suicides); when permit-to-purchase laws were repealed, homicides increased 47% and suicides increased 24%.  But Judge Raschio wrongly prohibited the offer of this evidence and then concluded there was no evidence to show Measure 114 increased public safety. 

FBI Has Agreed to Do Background Checks.

Judge Raschio erroneously held that the permit-to-purchase process was fatally flawed because FBI background checks could not be performed. This blatantly ignored the clear documentation filed with the Court indicating the FBI has changed its position and will perform the checks.

A Waiting Period Once Every Five Years Is Not Unconstitutional.

The Judge called the purchase application process a 30-day delay scheme that “prevents the applicant[s] from defending themselves…”. He ignored the plain language of Measure 114 indicating: thirty days is the maximum, not minimum, time for processing a permit application and the permit process only needs to be completed once every 5 years, not for every purchase. Waiting periods before each purchase of a gun have been approved in neighboring states (14 days for semiautomatic rifles in Washington). Measure 114’s minimal delay of up to 30 days, only once every five years, is not an undue burden for promoting public safety. 

Risk of Harm Due to Mass Shootings and Use of LCMs Is Well-Established

The harms (deaths, injuries, trauma and huge public costs) that result from mass shootings and the use of LCMs have been well documented.  Proof that modest regulations (like those in Measure 114) help reduce such horrific losses has regularly been admitted in courts considering bans on LCMs It was admitted in the federal court trial on Measure 114. Yet Judge Raschio excluded much of that evidence. And then, he had the audacity, once again, to find that the State “did not present evidence demonstrating a positive public safety result” from the LCM ban. In some instances, the State was even prohibited from making an offer of proof, a highly unusual ruling.  

Is Life Less Valuable than Ownership of Large-Capacity Magazines? 

Finally, the Judge reached a highly offensive conclusion. He claimed that the number of people killed and injured in mass shootings is “statically[sic] insignificant” compared to the number of gun owners with LCMs who may have to provide proof about when they purchased their LCMs. This comparison implies that the burden of providing a receipt or statement is more onerous than the irreparable harm caused by mass shootings. Mass shootings affect not only those who died or were injured, but anyone present such as first responders, families, friends, and also communities and the nation as a whole. The impact upon any one of those individuals will always outweigh the minor “burden” of providing information about the date of purchase of a magazine. The attempt to make this comparison is unconscionable.

What’s Next?

Judge Raschio has decided to hold one more hearing related to the State’s objections to the Judgment. While this means a slight delay, by January 2nd the matter should be out of Harney County and headed for appeal. LEVO will be filing a “friend of the court” (amicus curiae) brief with the Court of Appeals to emphasize some of these seriously egregious errors. We will be pushing forward to get Measure 114 fully implemented, no matter how long it takes. And, justice will prevail.

Luke Hendrickson

My name is Luke, and my friend Brady and I are recent graduates of Grant High School in Portland, OR. We were co-presidents of Grant’s Students for Gun Law Reform club and worked with Lift Every Voice Oregon to campaign for Measure 114.

Emerging from the pandemic into an almost normal junior year, we were recruited to join the gun reform club by some friends from Grant’s cross-country team. Little did we know that we would end up collecting signatures on rainy Sundays down by the Portland waterfront, organizing school-wide walkouts, and working with campaign organizers from around the state. Throughout the process of passing Measure 114 we’ve learned skills like communication, leadership, and public speaking, critical foundations for higher education and a career. We’ve also had some pretty amazing experiences, working with and hearing from so many different people who share the goal of gun reform. We will forever be grateful for all the work the folks at LEVO have done to create a better future for us students, and for the opportunities to make our voices heard.

I’m now a freshman at the University of Oregon studying jazz and Brady is attending Portland State University majoring in urban planning with a minor in communications. We’re excited to pass along the Grant’s Students for Gun Law Reform club to the next class of leaders and hope that students across the state will continue fighting for change.