An Oregon judge on Tuesday extended an earlier order blocking parts of Measure 114 — the new, voter-approved gun law — and was hearing arguments on whether to also prevent the law’s ban on high-capacity magazines from taking effect.
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. Those who already own high-capacity magazines can only possess them in their homes or use them at a firing range, in shooting competitions or for hunting as allowed by state law after the measure takes effect.
Circuit Court Judge Robert Raschio in Harney County let stand his temporary restraining order that blocks the permit-to-purchase. He also temporarily blocked the provision that prevents the sale of a gun until the results of a background check come back. Under current federal law, a gun sale can proceed by default if the background check takes longer than three business days.
Senior Assistant Attorney General Brian Marshall objected to Raschio’s block on the background check provision, saying that part of the law had never been challenged in the Harney County lawsuit filed by the plaintiffs. Raschio set a Dec. 23 hearing on that question.
The lawsuit, filed by Gun Owners of America Inc., the Gun Owners Foundation and several individual gun owners, seeks to have the entire law placed on hold until it’s determined whether it is constitutional. The state lawsuit specifically makes the claims under the Oregon Constitution, not the U.S. Constitution.
Raschio continued to hear arguments Tuesday on the most controversial part of the law, a ban on the sale, transfer or import of gun magazines containing more than 10 rounds. It wasn’t clear if he would rule from the bench Tuesday or release a written order later.
Raschio’s ruling last week came hours after a federal court judge ruled Measure 114 could take effect, but that there would be a 30-day hold on the permit-to-purchase. The Oregon Department of Justice had asked for a two-month stay on the permit.
Although the permit-to-purchase has been blocked, Oregon State Police have launched a web page that includes information on the permit and an application