Barbara Cannady for Burns Times-Herald

The Oregon Court of Appeals has accepted the state’s request to move forward with their appeal with the voter approved gun control Measure 114.

In review, The State Attorney General’s office initially had until May 31 to appeal Judge Robert Raschio’s decision. The Plaintiffs Attorney, Tony L. Aiello Jr., had urged the Oregon Court of Appeals to dismiss the State appeal because they missed the May 31 filing deadline, with the amended uncertified transcript not sent to the parties until June 4.  

Michael Kron, Special Council for Attorney General Ellen Rosenblum, believed “the hearing is automatically suspended until the transcript is finalized.” He argued that they have to have the final transcript in order to make citations in the brief to trial testimony before they can file their opening brief.

Kron added that the State did not need to seek an extension to file an opening brief as the Appeals Court had suspended the timeline for filing the briefs pending a corrected transcript. Aiello argued that neither he nor his clients had received any notice that the Court of Appeals had “rescinded, suspended, tolled, or otherwise altered the briefing schedule it ordered.”

The State has also filed a motion to allow a 15,000 word brief, instead of the current standard 10,000 word maximum for opening briefs, with the state announcing that they filed their expanded opening brief on June 7.

The Appeals Court did not accept the motion to dismiss and is allowing the State’s case to move forward with the plaintiffs having until July 26 to respond to the State’s opening brief.

The State is arguing that the right to “bear arms” for self-defense (as set out in Article I, Section 27, of the Oregon Constitution) is “not absolute.”  

The Brief also attacks Judge Raschio by accusing him of performing policy-making actions that are reserved for the Legislature with failure to consider public safety studies and reports that touted the safety benefits of Measure 114 contested components.

Meanwhile, anti-gun lobbyists are piling up in support of the original Measure 114, including non-profits like Lift Every Voice Oregon, Ceasefire Oregon, Central Oregon Gun Safety Advocates, the Jewish Federation of Greater Portland, League of Women Voters of Oregon, Muslim Educational Trust, Ecumenical Ministries of Oregon, Viva Inclusive Migrant Network and Albina Ministerial Alliance.

Friends of the Court briefs have been filed by the Brady Center to Prevent Gun Violence, Giffords Law Center to Prevent Gun Violence, March for Our Lives, Oregon Alliance for Gun Safety, Alliance for Gun Responsibility and Gun Owners for Responsible Ownership.

The latest groups joining the State’s position are from the medical field include The Oregon Medical Association, The Oregon Pediatric Society, The Oregon Nurses Association, The Oregon Academy of Family Physicians, The Oregon Chapter of the American College of Physicians, The Oregon Chapter of the American College of Emergency Physicians, The Oregon Psychiatric Physicians Association, and The Oregon Physicians for Social Responsibility.