PORTLAND, Ore. (KOIN) – Ahead of a Harney County judge’s decision on whether Measure 114 follows Oregon’s constitution, state defendants responded to plaintiff’s First Request for Admissions.

In the lawsuit, plaintiffs Joseph Arnold, Cliff Asmussen, Gun Owners of America, Inc., and Gun Owners Foundation filed two points to support their case in the Request for Admissions, asking the defendants to agree to their arguments.

The first point under the plaintiff’s admission was for defendants to “admit that the FBI has informed Defendant that it will not perform fingerprint-based criminal background checks for permit to purchase applicants,” court documents say.

The second request asks the defendants to “admit that the FBI has informed Defendant that the FBI has determined that Ballot Measure 114 does not meet the requirements of Pub. L. 92-544”

Defendants Gov. Tina Kotek, Attorney General Ellen Rosenblum, and Oregon State Police Superintendent Casey Codding objected to the two requests for admission, according to court documents filed Nov. 10.

The court filings come as Harney County Circuit Court tells KOIN 6 News Judge Robert Raschio will issue his ruling Tuesday afternoon.

A federal judge has already determined that Measure 114 is constitutional on the federal level. However, the law has not gone into effect because it has been held up by state legal challenges.

Measure 114 was approved by voters in November 2022 and requires a permit to buy a gun, bans “large capacity” magazines holding more than 10 rounds and requires a completed background check.

The plaintiffs argue Measure 114 violates the state constitution regarding gun ownership rights — arguing that the 30-day window a permit to process prohibits someone from their right to access a gun. They also argue that the magazine limit prohibits self-defense.