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. PORTLAND, Ore.
The lawsuit in Harney County, filed by Gun Owners of America Inc. and the Gun Owners Foundation, sought to have the entire law placed on hold while its constitutionality is decided. The state lawsuit makes the claims under the Oregon Constitution, however, not the U.S. Constitution. That means Raschio’s ruling is binding in the entire state for now.
Oregon Attorney General Ellen Rosenblum filed papers with the court late Sunday seeking a delay in the implementation of the permitting portion of the new law after law enforcement agencies submitted sworn statements saying they could not be ready in time. Multiple gun rights groups, local sheriffs and gun store owners have sued, saying the law violates Americans’ constitutional right to bear arms. Gun sales and requests for background checks soared in the weeks since the measure was approved by voters Nov. 8 because of fears the new law would prevent or significantly delay the purchase of new firearms under the permitting system.
“We want the best results possible. We’d like to see the permitting in place this week because that would save lives, but at the same time we understand that it will take longer to do it well,” said Mark Knutson, chairman of the Lift Every Voice Oregon campaign and pastor at Portland’s Augustana Lutheran Church.Tuesday's ruling is far from the end of the legal wrangling over the new law; at least four lawsuits have been filed against it.
Instead, judges should only weigh whether the law is “consistent with the Second Amendment’s text and historical understanding.”
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