A state judge in Oregon has enjoined a new law from taking effect over questions about its constitutionality and how it is actually supposed to work in governing the sale of guns.
Harney County Judge Robert Raschio has issued a temporary restraining order regarding Measure 114, a ballot initiative that passed last month placing additional restrictions of firearms purchases as well as gun magazines. He blocked the law because he says it violates the state constitution.
“Absent entry of this Temporary Restraining Order, Plaintiffs will be deprived of their right to bear arms pursuant to Or. Const. Art. l, Sec. 27 by being made unable to lawfully purchase a firearm or bear a magazine capable of holding more than 10 rounds of ammunition in the State of Oregon. Deprivation of fundamental constitutional rights for any period constitutes irreparable harm,” the judge wrote in his Tuesday order.
The judge’s ruling came in response to a lawsuit filed by Gun Owners of America (GAO), whose vice president, Erich Pratt, hailed the ruling.
“This is an exciting victory for our members in Oregon as the clock was winding down on securing relief from the onerous and unconstitutional requirements this law would have placed on current and future gun owners. We look forward to continuing the fight,” Pratt said in a statement.
The ballot measure passed by the slimmest of majorities, 50.6% in favor and 49.4% against, or a difference of less than 25,000 votes.
The Daily Wire reports:
The new law places a number of new restrictions on buying, selling, and owning firearms. The law bans the sale of magazines with a capacity of more than 10 bullets. It includes a permit-to-purchase requirement that requires all firearms customers to get a background check and attend gun safety training before purchase.
The state attorney general’s office said it would appeal the ruling, according to The Oregonian.
“We are still sorting through everything, but I can tell you we will be shortly filing a mandamus petition asking the Oregon Supreme Court to review it immediately,” said Kristina Edmunson, a spokeswoman for Oregon Attorney General Ellen Rosenblum.
The state judge’s ruling came after a federal judge refused a request to issue a temporary restraining order, paving the way for the measure to have taken effect on Thursday as scheduled, but with one exception.
U.S. District Judge Karin J. Immergut, the federal judge in question, postponed the permit-to-purchase requirement at the state’s request for 30 days.
But despite the ruling by Immergut, Raschio’s decision remains in effect because he ruled on a challenge involving a question about the state’s constitution. His decision is further based on a challenge brought on federal constitutional grounds — the Second Amendment — The Oregonian reported.
That said, Immergut, a Trump appointee, claimed that the new law would not infringe on the Second Amendment. “The burden imposed by Measure 114 on the core Second Amendment right of self-defense is minimal,” she wrote.
“In light of the evidence of the rise in mass-shooting incidents and the connection between mass-shooting incidents and large-capacity magazines — and absent evidence to the contrary regarding the role of large-capacity magazines for self-defense — Defendants are comparably justified in regulating large-capacity magazines to protect the public,” she ruled.