04-12-2024  6:52 am   •   PDX and SEA Weather
By The Skanner News | The Skanner News
Published: 14 February 2024

In papers filed late Friday afternoon, Attorney General Ellen Rosenblum filed a motion asking the Oregon Court of Appeals to allow Measure 114 to take effect while the state’s appeal of Harney County Judge Robert Raschio’s ruling proceeds through the court process. 

Measure 114 was passed by Oregon voters in November of 2022. Measure 114 establishes reasonable public safety regulations that do not unduly burden the right of self-defense. It includes three common sense gun safety laws. First, it requires a permit to acquire guns. Permits are available to those who pass a criminal background check, complete a gun safety course, and who are not a danger to themselves or others. Second, it closes the “Charleston Loophole” that currently allows firearm transfers to proceed if a background check takes more than three days. Finally, it restricts magazines that can carry more than 10 rounds of ammunition.

Law paused temporarily

Shortly after the measure passed, and before it could take effect, the Harney County judge issued a temporary order saying the law could not be enforced. This January, the same court issued its final decision saying that Measure 114 violates the Oregon Constitution. The state promptly appealed to the Oregon Court of Appeals. That appeal is pending, but the appeals court processes could reasonably take up to a few more years. 

Separately, U.S. District Judge for the District of Oregon Karin Immergut upheld the measure, finding that Measure 114 does not violate the second amendment of the US Constitution. 

The motion filed by the state on Friday asks the Oregon Court of Appeals to rule that Measure 114 can take effect while the state court appeal proceeds. The motion argues that the trial court’s decision is fundamentally wrong. 

“Research indicates that mass shootings and gun violence have decreased in other states after adopting permit requirements and magazine restrictions.

"We are making a very reasonable request: Let Measure 114 take effect now so Oregonians’ lives can be saved—now!” Rosenblum said. 

The plaintiffs who sued to prevent Measure 114 from taking effect will now have the opportunity to respond to the state’s motion. A decision will come sometime after that. If the request is granted, Measure 114 will take effect while the appeal proceeds.

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