HomeUS NewsJudge Completely Blocks Oregon’s Restrictive Gun Law

Judge Completely Blocks Oregon’s Restrictive Gun Law

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Under the guise of the “Reduction of Gun Violence Act,” Ballot Measure 114 is a “unconstitutional, anti-gun initiative package that includes a state-run government registry of gun owners’ personal information and firearms, requires a permit to purchase a firearm, imposes an indefinite delay on background checks, and bans any magazine with over a 10-round capacity.” according to the National Rifle Association.

Measure 114 of Oregon prohibits the sale, transfer, and manufacturing of magazines that store more than 10 rounds; requires a permit to acquire a firearm; and prohibits the sale or transfer of firearms prior to a background check.

In November, Oregonians voted in favor of the proposal, but there is a flaw with the extra background check requirement that puts the entire bill under judicial review.

On Tuesday, a judge slapped a hold on a provision of Oregon’s newly enacted gun law that strengthens background check requirements for weapon transactions, effectively blocking the entire bill.

“The ruling is another setback for the law, Ballot Measure 114, which is now entirely paused as legal challenges to various portions of the law make their way through Oregon’s court system. The judge determined that the law’s heightened background check requirement could not be implemented while the court continues to debate the other portions of the law, according to Oregon Public Broadcasting, as plaintiffs argue the law violates the state’s constitution,” The Daily Caller reported, adding:

Oregon had hoped to implement the background check requirement based on language in the measure that says if any “articles, sections, subsections, sentences or clauses” are blocked or found to be unconstitutional, the remaining portions could still be implemented. Harney County Circuit Judge Robert Raschio ruled that the background check could not be implemented because the language in the measure ties background checks to the “permit-to-purchase” requirement, according to OPB.

Raschio said in his order, “The court declines to remove the background check provisions from the [temporary restraining order] as the provisions are intertwined with the permit-to-purchase program and the court has made no final determination on constitutionality of the program.”

“A Harney County judge heard arguments today on whether or not to allow the background provisions in Ballot Measure 114 to go into effect. He’ll issue his ruling by Jan. 3, he said,” J Levinson (@_jlevinson)posted on Twitter in December 23, 2022.

Following the passage of the law, Oregon witnessed a dramatic increase in the number of attempted guns transactions. Background checks increased from 850 per day previous to midterm elections to 4,000 per day after the bill was passed, and the Oregon state police reported more than 18,000 transactions during election week.

Karl Durkheimer, owner of Oregon’s Northwest Armory gun store, stated on Fox News that 36,000 Oregon citizens were on the background check waiting list in December.

“Two things are happening. There’s fear they won’t be able to get a gun, but there’s the actual logistics that they won’t be able to do the background check. It’s going to take a year before an Oregonian has a permit,” said Durkheimer.

The NRA reported the dangers of the measure:

  • Ballot Measure 114 is an unconstitutional BAN on ammo magazines with more than 10-rounds. Measure 114 will ban the use, possession, manufacturing, and transfer of ammunition magazines over 10-rounds. Use of a currently owned magazine will only be lawful on private property, at a shooting range, and while engaged in hunting. When a magazine is transported off private property, the magazine must be removed from the firearm and stored separately. Therefore, a magazine over 10-rounds will not be available to exercise the right to self-defense “outside of the home.” CONTINUE READING…

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