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Harney County Judge Robert Raschio put a temporary restraining order in place over Measure 114, a ballot measure that puts new restrictions on firearm and ammunition purchases. The new law violates the state constitution. The Gun Owners of America (GOA) put up a legal challenge against the new law. Measure 114 passed last month by a tiny majority, 50.6% to 49.4%. That’s about 25,000 votes.
The judge saw what this was
Raschio saw what this would do and did what he could. His order said,
“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.”
Senior Vice President Erich Pratt of GOA was grateful for 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.”
The attorney general doesn’t agree with the judge
This new law would place added restrictions on firearm and ammunition purchases. Magazines with a more than 10 round capacity would be banned.
There’s a permit-to-purchase requirement that requires a background check and gun safety courses that need to be passed. Kristina Edmunson is the spokeswoman for Oregon Attorney General Ellen Rosenblum. She said, “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.”
Another judge wanted it to go through
With one exception. A federal judge, U.S. District Judge Karin J. Immergut, gave the green light to go through on December 8 with the exception that the permit-to-purchase requirement be postponed for 30 days.
Raschio’s decision holds over the federal judge because it’s based on the state constitution. But Immergut doesn’t think the law would limit anything.
“The burden imposed by Measure 114 on the core Second Amendment right of self-defense is minimal. 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.”
