PORTLAND, Ore. (KOIN) – A motion was filed Wednesday in Oregon circuit court to replace former Oregon Gov. Kate Brown with current Gov. Tina Kotek in one of the lawsuits filed against the governor over Measure 114, Oregon’s new gun law.
The lawsuit was filed by Virginia-based Gun Owners of America and two Harney County gun owners. It seeks to halt the enforcement of the measure.
Measure 114 was passed by voters in the November 2022 election and requires a permit, criminal background check, fingerprinting and hands-on training course for new firearms buyers. It also bans the sale, transfer or import of gun magazines over 10 rounds unless they are owned by law enforcement or a military member or were owned before the measure’s passage.
Several lawsuits have been filed against the measure to fight its enforcement.
A Harney County judge issued an order that temporarily freezes a part of the law after the Gun Owners of America lawsuit was filed.
Raschio in December paused all parts of the measure.
However, on Jan. 3, he said he would reconsider separating the background check provision of the law from the rest of the measure, but only if the permit-to-purchase element was ultimately found to be unconstitutional.
He has not yet made a final decision on the constitutionality of any of Measure 114’s provisions.
According to the motion filed Wednesday, there’s a rule that says when there’s a legal action filed against a public official that’s a matter of the position they hold rather than the individual, then their successor will be automatically substituted as a party in the legal action.