Oregon State Battles For Gun Law Enforcement: Asks High Court To Lift Injunction!
Oregon State Battles For Gun Law: The Oregon Department of Justice has petitioned the Oregon Supreme Court to lift a preliminary injunction preventing the state’s new gun restrictions. The petition was submitted on Friday. Voters narrowly approved Measure 114, which has been mired in the court system.
The federal court received four lawsuits. One more was also submitted to the Harney County Circuit Court. After several hearings, the Harney County court earlier this month prevented the entire statute from taking effect.
The prohibition on magazines that hold 10 or more rounds of ammunition and the necessity for a finished background check would take effect immediately if the state’s request to dissolve the judge’s order is approved.
According to Michael Kron, special counsel for the Office of the Attorney General of Oregon, “We did this primarily because we are worried that the orders are, well, first of all wrong.”
Second, “we do not feel that these orders should remain in place for months, possibly for a year or more as this matter is litigated, if the Supreme Court does not interfere.” Anyone intending to acquire a firearm under the new laws must obtain a permit.
The regulations would also close a gap that currently permits the transfer of weapons to individuals despite incomplete background checks. Additionally, they would outlaw the production, acquisition, and distribution of magazines that can contain more than 10 rounds of ammunition.
In a court filing on Friday, state attorneys claim that these rules will stop mass shootings in Oregon in the future. The petition states, “Oregon has avoided a shooting with ten or more fatalities.”
“But mass murders have occurred in the state before, including at Thurston High School, Clackamas Town Center, and Umpqua Community College. Following each, residents of Oregon had to deal with the societally shattering effects of numerous fatal shootings in open spaces by a single shooter.
The state claims in its appeal that the Harney County Circuit Court “disregarded the will of the people” by rejecting Measure 114. “We believe that Measure 114’s provisions are the types of laws that are allowable under the state constitution and state court interpretations of our constitution,” Kron said.
“We believe that the people of the state of Oregon are well within their power to enact reasonable restrictions on firearms.
The two residents of Harney County and the national organization for gun rights that brought the lawsuit have contended that the new limits infringed their right to keep and bear guns guaranteed by the Oregon Constitution.
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They maintained that the state Constitution’s authors intended for residents to be able to acquire any firearm that was made available and that the restrictions on magazine size effectively prevented the purchase of the majority of weapons.
Judge Robert Raschio of the District Court concurred that this defense was convincing enough to support granting a preliminary injunction against the new statute. A similar request does not constitute the law’s final word.
Even if the state’s request to dissolve the judge’s injunction is successful, it would not be the last word. It would imply that the background check requirement and the magazine ban would take effect immediately.
However, a federal ruling would prevent the demand for permits until at least March while the state works to establish a new regulatory system. The legal conflict will continue regardless of the state supreme court’s decision regarding the department of justice petition. “I believe there’s a potentially drawn-out fight ahead in the federal courts especially,” Kron added.
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