December 8th, 2022
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Good news for Oregon gun owners — on December 6, 2022, Oregon Judge Robert S. Raschio signed a Temporary Restraining Order (TRO) barring Oregon State officials from enforcing anti-gun Measure 114 until a hearing is held on a preliminary injunction next Tuesday. The Order stated that Measure 114 threatens Oregonians’ constitutional rights: “Absent Entry of this Temporary Restraining Order, Plaintiffs will be deprived of their right to bear arms pursuant to Or. Const. Art. 1, Sec. 27 by being made unable to lawfully purchase a firearm [or have 10+ round magazines.] Deprivation of fundamental constitutional rights for any period constitutes irreparable harm.”
Counsel for Gun Owners of America (GOA) and Gun Owners Foundation (GOF) secured the TRO in state court, preventing the entire new Oregon gun control law from being enforced. Signed by Judge Raschio, the order bars the state from implementing any portion of the law until a hearing is held on a request for a preliminary injunction next Tuesday.
GOA and GOF have also signed onto an amicus brief in a similar lawsuit against this new law in federal court in OFF v. Brown, which also saw some progress today when a Federal judge stayed the permit-for-purchase system requirement for 30 days.
The new law, which passed as a ballot measure by a very thin margin, was scheduled to take effect December 8th. The measure failed in over 90% of Oregon counties, but passed due to concentrated Democratic party voters in Portland and a couple other urban areas.
Oregon Measure 114 would:
Ban magazines over 10 rounds.
Require a permit to purchase any firearm.
Require a training course, application fee, fingerprinting, and a duplicative background check to obtain the permit-to-purchase.
Erich Pratt, GOA’s Senior Vice President, issued the following statement:
“This is an exciting victory for our members in Oregon as the clock was winding down on securing relief from the onerous and unconstitutional requirements this law would have placed on current and future gun owners. We look forward to continuing the fight.”
Sam Paredes, on behalf of the Board of Directors for the Gun Owners Foundation, added:
“We are grateful to Judge Raschio for his swift response to our request for a TRO on this draconian law, and we are fully prepared to continue the process as we request a preliminary injunction at our hearing next week.”
Tags: Oregon, Oregon Gun Law, Oregon Measure 114, Oregon TRO, Second Amendment, Temporary Restraining Order