An Oregon Circuit Court judge in Harney County has ordered a temporary injunction on the ban on large-capacity magazines that are part of Oregon’s new voter-approved gun control law.
Judge Robert Raschio issued the written ruling Thursday afternoon on the provision of Measure 114 that regard the sale, transfer or manufacture of magazines that hold more than 10 rounds.
Raschio writes that the block on the magazine restriction will be upheld until a full hearing “where the court can determine by clear and convincing evidence whether BM 114, sec. 11 is constitutional under Article 1, sec. 27” of the Oregon constitution.
Raschio also kept in place a hold on the permit-to-purchase segment of Measure 114 until the state says it’s ready to deploy the permit system. Once the state says it is ready, Raschio said a preliminary injunction hearing will be held within 10 days to determine if the system stands up to constitutional muster.
A hearing will be held Dec. 23 on a provision that prevents the sale of a gun until the results of a background check come back. Under federal law, a gun sale can proceed by default if the background check takes longer than three business days — the so-called Charleston loophole, because it allowed the assailant to purchase the gun used in a 2015 South Carolina mass shooting.
The legal focus in the case that Raschio is hearing is focused on the historical context when Oregon’s constitution was enacted, and on the firearms landscape at that time. The Oregon Constitution was enacted in 1859, nearly 70 years after the Second Amendment of the U.S. Constitution was ratified.