A state court judge’s ruling has placed Oregon’s tough new voter-approved gun law on hold just hours after a federal court judge in Portland allowed a ban on the sale and transfer of high-capacity magazines to take effect this week.
FILE - Firearms are displayed at a gun shop in Salem, Ore., on Feb. 19, 2021. A federal judge in Portland, Ore., ruled Tuesday, Dec. 6, 2022, that a new voter-passed ban on high-capacity gun magazines can go into effect Thursday, Dec. 8, but placed a 30-day hold on a permit-to-purchase requirement after local and state law enforcement agencies said they could not have a permitting system ready in time.
The lawsuit in Harney County, filed by Gun Owners of America Inc., the Gun Owners Foundation and several individual gun owners, sought to have the entire law placed on hold while its constitutionality is decided. The state lawsuit specifically makes the claims under the Oregon Constitution, not the U.S. Constitution — and that means for now, Raschio’s ruling is binding in the entire state.
Measure 114 requires a permit, criminal background check, fingerprinting and hands-on training course for new firearms buyers. It also bans the sale, transfer or import of gun magazines over 10 rounds unless they are owned by law enforcement or a military member or were owned before the measure’s passage.
“We are, of course, deeply troubled by the ruling that came out of the Federal Court today. We are also grateful for the opposing ruling from the Harney County Judge this afternoon,” the Oregon Firearms Federation wrote. “But no matter what, there is a long way to go.” The Oregon State Police reported more than 35,000 pending background check transactions for gun purchases as of last week and was averaging 3,000 requests a day compared to less than 900 a day the week before Measure 114 passed, according to agency data. On Black Friday, the agency received 6,000 background check requests alone, OSP Capt. Kyle Kennedy said in an email.
The June ruling signaled a shift in the way the nation’s high court will evaluate Second Amendment infringement claims, with the Supreme Court's conservative majority finding judges should no longer consider whether the law serves public interests like enhancing public safety.
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