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Judge Places Hold on Oregon Gun Law; State to Appeal

By    |   Wednesday, 07 December 2022 05:19 PM EST

An Oregon judge suspended the state's voter-approved gun control measure hours after a federal court judge agreed that a ban on the sale and transfer of high-capacity magazines could soon take effect.

The Tuesday ruling from Harney County Judge Robert Raschio essentially puts the Thursday implementation of Measure 114 on hold. 

However, that could be a short-term decision after Oregon Attorney General Ellen Rosenblum pledged to take the matter to the state Supreme Court.

"What's next? We will petition to the Oregon Supreme Court ASAP, seeking to align the result in our state courts with the federal court's well-reasoned and thoughtful decision," Rosenblum tweeted on Tuesday.

The initial injunctive lawsuit was filed by the Gun Owners of America, the Gun Owners Foundation, and several other independent gun organizations, according to the Washington Examiner.

The desired intent: placing a momentary hold on Oregon's gun-control measure, while its constitutionality gets more clarification through the courts, the Examiner reported.

Measure 114 requires fingerprinting and training courses for new firearms buyers, along with a criminal background check. It also prohibits the sale, import, or transfer of gun magazines with more than 10 rounds unless they are "owned by law enforcement or military members or were possessed before the measure's approval."

For high-capacity magazine owners who've been grandfathered in (prior to Raschio's "hold" ruling), the weapons could only be used on personal property or at firing ranges, shooting competitions, or when hunting as permissible by state law.

Also, Measure 114 does not require a permit for receiving firearms as gifts, or if the magazines are "passed from another private owner" to someone 18 years or older.

Measure 114 generated 50.7% support from the Oregon voters Tuesday, prompting the immediate lawsuit and Raschio's reversal.

Soon after Tuesday's measure garnered passage, U.S. District Judge Karin Immergut allowed the ban on the sale and transfer of high-capacity magazines to go into effect Thursday.

Immergut had also granted a 30-day gap before the law's permit-to-purchase mandate could go into effect.

"The evidentiary record also shows that large-capacity magazines are disproportionately used in crimes involving mass shootings," Immergut wrote, while adding that plaintiffs failed to show how magazines carrying more than 10 rounds are "arms" protected by the Second Amendment.

In June, however, the U.S. Supreme Court ruled in the New York State Rifle and Pistol Association v. Bruen case.

By a 5-4 vote, the justices maintained that any gun ownership restrictions must have a basis rooted in U.S. tradition, dating to the ratification of the Second Amendment.

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An Oregon judge suspended the state's voter-approved gun control measure hours after a federal court judge agreed that a ban on the sale and transfer of high-capacity magazines could soon take effect.
oregon, courts, judge, guns, sale, magazines
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2022-19-07
Wednesday, 07 December 2022 05:19 PM
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