U.S.A. –-(AmmoLand.com)- A circuit court judge in Oregon has granted a preliminary injunction on the large capacity magazine prohibition contained in Ballot Measure 114 “until full trial can be held on the Complaint for Declaratory and Injunctive Relief.”
Kevin Starrett, founder and president of the Oregon Firearms Federation, told Ammoland News in a telephone conversation this is still early in the legal process, so it would be too early to break out the party favors. But it indicates where the case, which was brought by Gun Owners of America (GOA), the Gun Owners Foundation, and two private citizens, might be headed.
In his order, Circuit Court Judge Robert S. Raschio noted that the court “will maintain the Temporary Restraining Order under Oregon Rule of Civil Procedure (ORCP) 79(A) on BM 114 sections one through ten until the state provides notice that it is prepared to deploy “Permit to Purchase” program.”
This new ruling says that the magazine ban portion will be on hold at least until a trial can be held. Another hearing is slated for Dec. 23.
The ballot measure has drawn at least four federal lawsuits involving every major gun rights organization in the country. However, the GOA case was filed at the state court level, and it has been centered in Burns, a community in east-central Oregon, hundreds of miles away from Portland.
“The court ORDERS the temporary restraining order remains on Ballot Measure 114, sections one through ten,” Judge Raschio wrote. “Upon receipt of notice from the Defendants the “permit to purchase” process is administratively ready, the court will hold preliminary injunction hearing within 1O days, unless fixed by the court on different date, to determine if the program can constitutionally be implemented.”
Starrett and OFF are not involved in that case. However, OFF did issue a statement.
“The ruling came today and means that for now, your standard capacity magazines are safe,” the group said. “There will still have to be a complete trial on the constitutionality of the measure, but at the moment, the permit to purchase and the ban on standard magazines will not be allowed to go into effect.”
“The battle continues,” OFF added, “both in this statewide case that Gun Owners of America has brought and the four other cases that are in Federal Court. But this is more good news and another win for GOA.”
This order comes after Judge Raschio held a lengthy hearing Tuesday on the GOA lawsuit.
Regarding the permit to purchase section of Measure 114, which is on hold, the judge explained, “Upon receipt of notice (of the permit system being in place), the court will hold preliminary injunction hearing within 10 days to determine if the program can constitutionally be deployed. The court cannot rely on federal stay. There is separate analysis and identified right under Oregon law.
“The court adheres to its oral findings from December 6 and 13, 2022.
“Defendants are granted hearing on December 23, 2022, regarding the ‘Charleston’ loophole portion of BM114. Defendants will identify in written notice the operative language at issue for that hearing by Friday, December 16 at noon.”
Measure 114 is considered by many critics to be the most extreme gun control effort in the country. Of the four federal lawsuits challenging Measure 114, two were filed by the Second Amendment Foundation, one by OFF and one by the National Shooting Sports Foundation. All four of those actions are in federal court in Portland.
SAF’s first lawsuit came earlier this month and involved G4 Archery, Grayguns, Inc., the Firearms Policy Coalition and a private citizen, Mark Fitz.
The second legal action has SAF lining up with Sportsman’s Warehouse, Inc., Firearms Policy Coalition, Inc. (FPC), Daniel Azzopardi, a private citizen.
The NSSF partnered with the Oregon State Shooting Association, a National Rifle Association affiliate, which puts NRA on the playing field as well, and Mazama Sporting Goods.
The only certainty is that these court cases will keep a platoon of attorneys busy for the foreseeable future, Starrett indicated.
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