Oregon Judge Grants Preliminary Injunction on Magazine Ban

Lancer L5 Advanced Warfighter Magazine (L5AWM) AR-15 Magazines
An Oregon circuit judge has issued a preliminary injunction against the magazine ban portion of Oregon’s Measure 114, pending a full trial. Lancer L5 Advanced Warfighter Magazine (L5AWM) AR-15 Magazines (Img Jim Grant)

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.


About Dave Workman

Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.

Dave Workman

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MICHAEL J

The magazine ban in California was exactly the opposite, where the ban was stayed despite having a judgment making large capacity magazines legal to own.
The ability of government to make unconstitutional rulings law until challenged is in itself inexplicable.

hippybiker

I gave up on the NRA many years ago! It’s GOA for me!

BoydK

Also thank you Kevin Starrett for decades of service to the people of Oregon. Would have liked to have met you when I working for ccrkba.

wuo

OFF has worked here in Oregon against tremendous odds for many years. I thank Kevin Starrett too for all those years of keeping us informed and fighting the lunatics in Salem.

Patriot Solutions

Maybe give Rocky Mountain Gun Owners a call to see if they want to join the fun.

hippybiker

I lost all respect for the NRA after they gave us the shaft on the The NAZI Gun Control Act of 1968!

Straight-Shootr

And Dimslee and his lapdog “Sideshow Bob” are pushing the same crap as Oregon 114 here in Washington..

BoydK

Yer ok too Dave! lol

Last edited 1 month ago by BoydK
BoydK

“NRA win” “GOA win” these are not trademarked marketing battles, this is your liberty. Call it the win it is: a temporary stay against additional, radical, infringement on your human rights.
Then consider rooting for the whole team. If you don’t have the jingle in your pocket to join all the pro gun organizations right now, grab an extra hour at work and do it. Your liberty is to important to have only one approach, only one team pursuing it’s restoration. Collect the whole set.

Last edited 1 month ago by BoydK
wuo

It is obvious that you have some sort of an axe to grind Jayson. You are not helping. I would gladly give more of my hard earned dollars to OFF for the years of dedication, watch, guidance, and action alerts that keep us all informed, in addition to public voice that has originated from Kevin at 100’s of hearings and radio interviews etc. Kevin’s voice has been an important resource for Oregon Patriots. GOA has been thanked and praised by OFF (and Kevin) often over the years. Maybe you have been too caught up in whatever your self interest issue… Read more »

Patriot Solutions

We don’t have any mag infringments in my county. In fact, below is an itemized list of every infringment we have in my county. The Sheriff is out right now rounding up the criminal element that I stopped out in the street and made reverse their crime while armed with mags the gov feels threaten by. All I heard from the Sheriff was “good job”.
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Last edited 1 month ago by Patriot Solutions