BD. OF CTY. COM'RS OF COLUMBIA v. ROSENBLUM

A176726.

526 P.3d 798 (2023)

324 Or. App. 221

For a Judicial Examination and Judgment of the Court as to the Regularity, Legality, Validity and Effect of the Columbia County Second Amendment Sanctuary Ordinance BOARD OF COUNTY COMMISSIONERS OF COLUMBIA COUNTY, a political subdivision of the State of Oregon, Petitioner-Respondent, v. Ellen ROSENBLUM, Attorney General for the State of Oregon, Interested Party-Appellant, and Robert Pile, Shana Cavanaugh, Brandee Dudzic, and Joe Lewis, Interested Parties-Respondents, and Raven Chris Brumbles; Gun Owners of America, Inc.; Gun Owners Foundation; Oregon Firearms Federation; Larry Erickson; Keith Forsythe; and Ruth Nelson, Intervenors-Respondents. For a Judicial Examination and Judgment of the Court as to the Regularity, Legality, Validity and Effect of the Columbia County Second Amendment Sanctuary Ordinance Board of County Commissioners of Columbia County, a political subdivision of the State of Oregon, Petitioner-Appellant, v. Ellen Rosenblum, Attorney General for the State of Oregon; Robert Pile; Shana Cavanaugh; Brandee Dudzic; and Joe Lewis, Interested Parties-Respondents, and Raven Chris Brumbles; Gun Owners of America, Inc.; Gun Owners Foundation; Oregon Firearms Federation; Larry Erickson; Keith Forsythe; and Ruth Nelson, Intervenors-Respondents. For a Judicial Examination and Judgment of the Court as to the Regularity, Legality, Validity and Effect of the Columbia County Second Amendment Sanctuary Ordinance Board of County Commissioners of Columbia County, a political subdivision of the State of Oregon, Petitioner-Respondent, and v. Ellen Rosenblum, Attorney General for the State of Oregon, Interested Party-Respondent, and Robert Pile, Shana Cavanaugh, Brandee Dudzic, and Joe Lewis, Interested Parties-Appellants, and Raven Chris Brumbles; Gun Owners of America, Inc.; Gun Owners Foundation; Oregon Firearms Federation; Larry Erickson; Keith Forsythe; and Ruth Nelson, Intervenors-Respondents.

Court of Appeals of Oregon.

February 15, 2023.


Attorney(s) appearing for the Case

Steven C. Berman , argued the cause for appellants-respondents Robert Pile, Shana Cavanaugh, Brandee Dudzic and Joe Lewis. Also on the briefs were Lydia Anderson-Dana , and Stoll Stoll Berne Lokting & Shlachter P.C., and Len Kamdang , Mark Weiner , and Everytown Law, New York.

Matthew J. Kalmanson , Portland, argued the cause for appellant-respondent Board of County Commissioners of Columbia County. Also on the briefs was Hart Wagner, LLP.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Patricia G. Rincon , Assistant Attorney General, filed the briefs for appellant State of Oregon.

Tyler D. Smith , argued the cause for respondents Raven Chris Brumbles, Larry Erickson, Keith Forsythe, Gun Owners Foundation, Gun Owners of America, Inc., Ruth Nelson, and Oregon Firearms Federation. Also on the brief was Tyler Smith & Associates, P.C.

P. Andrew McStay, Jr. , and Davis Wright Tremaine LLP, filed the brief amicus curiae for Giffords Law Center to Prevent Gun Violence.

Before Tookey, Presiding Judge, and Egan, Judge, and Kamins, Judge.


In this case concerning firearms, we determine that we have jurisdiction to consider whether Columbia County's "Second Amendment Sanctuary Ordinance," Ordinance No. 2021-1 (the Ordinance), is void because it is preempted by ORS 166.170.1 Having made that determination, we conclude that the Ordinance is...

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