State Supreme Court declines to intervene in Measure 114 ruling

Published 11:31 am Monday, December 12, 2022

The Oregon Supreme Court has declined to intervene to block a Harney County judge’s order that temporarily stops a voter-approved firearms measure from going into effect.

The state Supreme Court’s order prevented Measure 114 from taking effect last week as litigation around the measure proceeds in court. Without the Harney County judicial order and the Supreme Court’s decision, the measure would have banned the sale of high-capacity firearms magazines with more than 10 rounds starting last Thursday. It would also have and put a permit system in place for firearm purchases that requires buyers to undergo a training course with a law- enforcement-certified instructor.

The one-page decision, signed by Chief Justice Martha Walters, came late Wednesday in response to a request from the Oregon Department of Justice to overrule the Harney County decision. The state Supreme Court’s denial did not give any insights as to the legal reasoning behind the decision.

It was the latest in a series of quickly moving legal activities and decisions around Measure 114 in the past week as its implementation date approached. Even though the measure did not go into effect lase week, lawsuits — and a potential resolution — will continue in the future.

“If you’re wondering about the legal status of Measure 114, the law’s enforcement is (we hope temporarily) on hold by the state courts,” Oregon Attorney General Ellen Rosenblum said in a tweet on Thursday. “There is a hearing in Harney County next week and we will continue to defend the constitutionality of this voter-passed gun safety law.”

The measure, approved by voters in November, has drawn widespread opposition from firearms owners and dealers, as well as law enforcement agencies who said they could not meet all the requirements of the new permit system by today’s deadline.

The measure has already drawn several lawsuits from firearms advocacy groups, owners, firearms dealers and others.

In the Harney County complaint, the plaintiffs include Gun Owners of America, based in Virginia, and a related organization, the Gun Owners Foundation, along with Joseph Arnold and Cliff Asmussen, two Harney County firearms owners. Gun Owners of America says on its website it has more than 2 million members and lobbies for firearms owners to exercise the “right to keep and bear arms without compromise.”

In a separate federal lawsuit challenging the measure, the Oregon Department of Justice asked a judge to delay the implementation of the permitting system, but allow other parts, like the ban on high-capacity magazine sales, to continue. That’s because law enforcement agencies have said they won’t have a permit system in place that meets all the new law’s requirements by the Thursday deadline.

U.S. District Court Judge Karin Immergut granted the state Justice Department’s request last week, allowing the ban on high-capacity magazine sales but delaying the permit requirement for 30 days.

The Oregon Firearms Federation is the lead plaintiff in the federal case, along with firearms dealers and others.

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