Update, December 8, 11 am:
On Wednesday, the Oregon Supreme Court rejected the Oregon Department of Justice's request to throw out the Harney County ruling, meaning Measure 114 remains on pause until more details are ironed out in court.
Update, December 6, 3 pm:
A Tuesday afternoon decision by a Harney County judge has effectively reversed a ruling made earlier in the day by a federal judge allowing a new voter-approached gun control law to move forward.
The lawsuit filed in Harney County came from two Harney County gun owners and a Virginia-based nonprofit called Gun Owners of America. The plaintiffs argued that Measure 114, which bans high capacity gun magazines and requires Oregonians obtain a permit before purchasing a firearm, violates Oregon’s constitution. The federal lawsuit before US District Court Judge Karin Immergut challenged Measure 114 for violating the US Constitution, which is why Immetgut’s earlier ruling allowing Measure 114 to go into effect doesn’t impact the county court’s ruling.
Unlike Immergut, Harney County Circuit Judge Robert Raschio agreed that Measure 114 could “seriously harm” the public interest if Oregonians are arrested and prosecuted under the new law and it’s found to be unconstitutional.
Raschio’s temporary restraining order will keep all aspects of Measure 114 from going into effect on December 8, instead waiting for the lawsuit to reach a determination in court.
According to the Oregonian, the Attorney General’s office is requesting the Oregon Supreme Court to immediately review the case.
Original story, December 6, 9:50 am:
A federal judge has denied a request to delay the rollout of a voter-approved measure limiting gun magazine capacity and requiring permits for all gun owners.
A gun rights group, three sheriffs, and two gun shop owners had sued the state to block Measure 114 from going into effect on December 8, accusing the new law of violating the constitutional "right to bear arms." The measure, passed by Oregon voters last month, bans high capacity magazines that hold more than 10 rounds of ammunition and requires Oregonians to obtain a permit and take a gun safety course from local law enforcement before purchasing a firearm.
In her Tuesday morning ruling, US District Court Judge Karin Immergut writes that the group has failed to demonstrate to the court that they will "suffer immediate and irreparable harm" if the law goes live.
While Immergut denied the plaintiffs' temporary restraining order keeping Measure 114 from going into effect, she did grant a request from the Oregon Department of Justice to postpone the permit-to-purchase requirement until state agencies are prepared to implement the system. Attorney General Ellen Rosenblum sent a letter to Immergut Sunday night explaining that the state needs at least two months to get the permitting system operational.
Immergut halved the state's requested extension to thirty days.
"In light of the difficulty the state has conceded in terms of implementation of the permitting provisions at this stage, implementation of those permitting provisions is stayed for thirty days," reads Immergut's ruling.
That means Oregonians will be able to keep purchasing firearms without first obtaining a permit until early January, if the state is able to iron out the required permitting details in time.
