PORTLAND, Ore. (KGW) — The Oregon Supreme Court has decided not to intervene in a ruling that temporarily blocked Measure 114 from going into effect. That means the order from a state judge remains, and the measure will not become law on Thursday as planned.
The measure was passed by voters in the November election and bans magazines that hold more than 10 rounds, requires a permit to purchase a gun, and requires a background check to be completed prior to a gun sale or transfer.
On Tuesday, Harney County Circuit Judge Robert S. Raschio blocked the measure, just hours after a federal judge ruled it could go into effect with a 30-day delay on the gun permits requirement.
In response, Oregon Attorney General Ellen Rosenblum said the Oregon Department of Justice would petition to the state supreme court.
“We will petition to the Oregon Supreme Court ASAP, seeking to align the result in our state courts with the federal court’s well-reasoned and thoughtful decision,” Rosenblum said in a series of tweets.
The ruling by the state judge in Harney County was based on a different case than the one brought before U.S. District Judge Karin J. Immergut. The case Raschio ruled on was brought by Gun Owners of America and challenged Measure 114 under Oregon’s state constitution. Raschio set a hearing for Dec. 13 on a preliminary injunction, according to a report in the Oregonian.
In the last several weeks, concerns have come to light about portions of the measure not being ready to implement by the December 8 start date.
On Sunday night, the Oregon Department of Justice asked Immergut to postpone the permit requirement of the measure for two months to give law enforcement more time to implement it.
In Sunday’s letter requesting the delay for the permit requirement, the DOJ said other parts of the measure should take effect as scheduled on Dec. 8, “including the process for applying for permits, the restrictions on large capacity magazines, and the requirement that background checks must be completed — and not just requested — before firearms can be transferred.”
The state supreme court’s denial was issued “without prejudice,” which means that the AG’s office can petition them again under different circumstances.