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ARNOLD v. KOTEK

(CC 22CV41008) (SC S069998).

524 P.3d 955 (2023)

370 Or. 716

Joseph ARNOLD, Cliff Asmussen, Gun Owners of America, Inc., and Gun Owners Foundation, Plaintiffs-Adverse Parties, v. Tina KOTEK, Governor of the State of Oregon, in her official capacity; Ellen Rosenblum, Attorney General of the State of Oregon, in her official capacity; and Terri Davie, Superintendent of the Oregon State Police, in her official capacity, Defendants-Relators.

Supreme Court of Oregon, En Banc.

February 9, 2023.

Attorney(s) appearing for the Case

Robert A. Koch, Assistant Attorney General, Salem, filed the petition and memorandum of law for defendants-relators. Also on the petition and memorandum were Benjamin Gutman, Solicitor General, and Ellen F. Rosenblum, Attorney General.

Tyler D. Smith, Tyler Smith & Associates PC, Canby, filed the memorandum in opposition for plaintiffs-adverse parties. Also on the memorandum was Tony L. Aiello, Jr., Canby.

In this proceeding, the state asks that we issue a writ of mandamus directing the trial court to vacate two preliminary orders entered in a declaratory judgment action. Collectively, those orders temporarily restrained and enjoined the state from enforcing —while the trial court action is ongoing— Ballot Measure 114 (2022), which...

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