ARNOLD v. KOTEK

No. A183242.

338 Or. App. 556 (2025)

Joseph ARNOLD and Cliff Asmussen, Plaintiffs-Respondents, and GUN OWNERS OF AMERICA, INC., and Gun Owners Foundation, Plaintiffs, v. Tina KOTEK, Governor of the State of Oregon, in her official capacity; Dan Rayfield, Attorney General of the State of Oregon, in his official capacity; and Casey Codding, Superintendent of the Oregon State Police, in his official capacity, Defendants-Appellants.

Court of Appeals of Oregon.

March 12, 2025.


Attorney(s) appearing for the Case

Robert Koch, Assistant Attorney General, argued the cause for appellants. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Tony L. Aiello, Jr., argued the cause for respondents. Also on the brief were Tyler D. Smith and Tyler Smith & Associates, P.C.

Nadia Dahab and Sugerman Dahab filed the brief amici curiae for Lift Every Voice Oregon, Ceasefire Oregon, Central Oregon Gun Safety Advocates, 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.

Elizabeth C. Savage and Elizabeth Savage Law, PC, filed the brief amicus curiae for Portland Metro Chamber.

Jessica G. Ogden, Matthew T. Nelson, and Covington & Burling, LLP, New York, NY; Timothy C. Hester and Covington & Burling, LLP, Washington, DC; Priya S. Leeds and Covington & Burling, LLP, San Francisco, CA; Douglas N. Letter and Shira Lauren Feldman; Esther Sanchez-Gomez and Giffords Law Center to Prevent Gun Violence; Ciara Wren Malone; and Zachary J. Pekelis, W. Scott Ferron, and Pacifica Law Group, LLP; filed the brief amicus curiae for 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.

Margaret S. Olney and Bennett Hartman, LLP, filed the brief amici curiae for The Oregon Medical Association, Oregon Pediatric Association, Oregon Nurses Association, Oregon Academy of Family Physicians, Oregon, Oregon Chapter of the American College of Physicians, Oregon Chapter of the American College of Emergency Room Physicians, Oregon Society of Physicians Assistants, Oregon Psychiatric Physicians Organization, and Oregon Physicians for Social Responsibility.

Dominic Carollo and Carollo Law Group filed the brief amici curiae for Eastern Oregon Counties Association and Oregon Farm Bureau Federation.

Before Ortega, Presiding Judge, Hellman, Judge, and Mooney, Senior Judge.


ORTEGA, P. J.

Reversed and remanded.

In November 2022, the people of Oregon enacted Ballot Measure 114, the Reduction of Gun Violence Act, which is a comprehensive law that makes three major changes in Oregon's gun laws: It requires a permit to purchase a firearm from any transferor; it requires the completion (not...

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