Measure 114, which narrowly passed in the midterms, requires a permit, criminal background check, fingerprinting and hands-on training course for new firearms buyers and bans high-capacity gun magazines.
Multiple gun rights groups, local sheriffs and gun store owners have sued, saying it violates Americans’ constitutional right to bear arms.
In her conclusion Tuesday that initially allowed the measure to go forward, U.S. District Judge Karin Immergut wrote “Plaintiffs have failed at this stage to carry their burden of showing likelihood of success on the merits and irreparable harm absent a TRO (Temporary Restraining Order). Accordingly, Plaintiffs’ Motion for a TRO … is DENIED with respect to Measure 114’s restrictions on large-capacity magazines. Plaintiff’s Motion is DENIED with respect to a facial challenge to Measure 114’s permitting provision. However, in light of the difficulty the State has conceded in terms of implementation of the permitting provisions at this stage, implementation of those permitting provisions is stayed for thirty days.”
The judge has ordered parties to confer and report back regarding any other requests for postponement.
The Oregon Department of Justice on Sunday asked the judge to delay the Permit-to-Purchase requirement for two months to ensure it could be implemented. The Oregon Association of Police Chiefs said Monday that the infrastructure and resources don’t yet exist to make the permitting system happen and said it supported the motion to put that permit system on hold.