A petition to have a lower court order preventing the implementation of new gun prohibitions in Oregon was denied by the state’s highest court. Until a lower court rules on the constitutionality of Ballot Measure 114, all of its provisions will remain stayed.
For many Oregonians, “the legal status of Measure 114 is of substantial concern,” the judges noted. Disputes, including challenges to laws made by the legislative branch (which can include the people using their initiative power), are handled by the judicial branch of government.
However, the justices have decided that they should stay out of the case for the time being while the trial court deals with the matter.
Voters in the state’s major cities narrowly supported Measure 114 in November. The new law would mandate that all gun buyers complete an approved safety course before being issued a purchased licence.
The so-called Charleston gap, under which a handgun transfer can go through if a background check is not completed within three days, is also closed by this legislation, as are limits on magazines containing more than ten rounds each.
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The Oregon Supreme Court refused to act means that the state gun control initiative is still on hold
According to Oregon Public Broadcasting, the Oregon Supreme Court has again declined to overturn a lower court’s ruling blocking the implementation of a voter-approved gun measure. The court reasoned that it would be premature to intervene while a trial court was still considering the matter.
The proposal has been halted pending the outcome of a constitutionality hearing. In November, voters approved the measure by a razor-thin margin, making permits mandatory for gun purchases and requiring background checks before any firearms sales or transfers.
BREAKING: Arnold v. Kotek (OR Supreme Court): Oregon Supreme Court denies the Attorney General's second request to throw out the state court injunctions against Measure 114, saying that it takes no position at this stage and will let the trial court process continue. pic.twitter.com/yzIO0V20Xv
— Rob Romano (@2Aupdates) February 9, 2023
It also limits the transfer, production, and possession of magazines that can store more than ten bullets.
There are now only two of the four original federal cases. While the judge is still hearing arguments, she has ruled that the law can go into effect, but the state can wait to enforce the permission requirement until the necessary infrastructure is in place. Later this month, more testimony is scheduled to be presented.
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