State Watch

Oregon to appeal ruling placing new gun law on hold

FILE – Firearms are displayed at a gun shop in Salem, Ore., on Feb. 19, 2021. A federal judge in Portland, Ore., ruled Tuesday, Dec. 6, 2022, that a new voter-passed ban on high-capacity gun magazines can go into effect Thursday, Dec. 8, but placed a 30-day hold on a permit-to-purchase requirement after local and state law enforcement agencies said they could not have a permitting system ready in time. (AP Photo/Andrew Selsky, File)

Oregon’s state government plans to appeal after a judge on Wednesday paused its new gun law banning the sale and transfer of high-capacity magazines.

State Attorney General Ellen Rosenblum (D) said in a tweet that her office will petition to the Oregon Supreme Court immediately. She noted that a federal judge denied a request earlier on Wednesday to delay the law’s implementation before the state judge in Harney County temporarily blocked enforcement of the entire measure. 

“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,” she said. 

Several groups and individuals, including the Gun Owners of America, the Gun Owners Foundation and individual gun owners, filed the lawsuit to place the law on hold while its constitutionality is determined. The lawsuit makes its claims under Oregon’s state constitution instead of the U.S. Constitution. 

The federal judge, U.S. District Judge Karin Immergut, allowed the ban on selling and transferring high-capacity magazines to go forward while granting a 30-day delay before the law’s permit-to-purchase requirement takes effect. The law was supposed to go into effect on Thursday. 

The measure, which voters narrowly approved by about 1 percentage point last month, requires new firearms buyers to obtain a permit, criminal background check, fingerprint and training course. It also prohibits the sale, transfer or import of gun magazines more than 10 rounds unless the person owned them before the measure was passed or they are law enforcement or part of the military. 

Gun rights groups, sheriffs and gun store owners have sued in federal court to argue that the measure violates the Second Amendment to the Constitution’s right to bear arms. 

Gun sales and requests for background checks have increased sharply in Oregon in the past month since the measure was passed. 

The Associated Press contributed to this report.

Tags Ellen Rosenblum Ellen Rosenblum Harney County Measure 114 Oregon gun control measure
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