Today, Feb. 9, the Oregon Supreme Court denied a request by the State of Oregon to vacate two preliminary orders blocking the implementation of Ballot Measure 114. The gun-control measure will remain blocked in its entirety by the state-court ruling as the court case makes its way through the trial system.
“We recognize that the legal status of Measure 114 is of significant concern to many Oregonians. Of course, it is the role of the judicial branch of government to resolve disputes such as challenges to laws enacted by the legislative branch, which includes the people exercising their initiative power,” wrote the court in its decision. “That resolution is underway in the trial court; our only determination today is that now is not an appropriate time to exercise our authority in mandamus in connection with the trial court’s temporary and preliminary rulings.”
A federal judge has ruled that the measure can be implemented while four legal challenges wind through the system, but today’s ruling comes from a state-court challenge arguing it directly violates Oregon’s state constitution. On Dec. 6, 2022, Circuit Court Judge Robert Raschio issued a temporary restraining order that blocked the provisions of Measure 114 from taking effect. The state appealed that order to the Oregon Supreme Court in hopes of removing it and enacting the measure. They were denied that ruling by today’s order, with the court noting that it isn’t making any determinations on the merits of either side of the case but rather that this isn’t the appropriate time for the court to become involved as the case could come before the justices in due course.
Ballot Measure 114 implements a non-existent permit-to-purchase system that requires law enforcement approval for a permit, redundant background checks, law-enforcement approved live-fire training that has no parameters, a ban on magazines holding more than 10 rounds and more. The yearly costs of implementing and overseeing the system will push $50 million and will drown law enforcement, especially in rural areas, in paperwork and bureaucracy.
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