Oregon’s New Gun Law Stuck in Limbo
Stringent measure is temporarily blocked by state judge
From today's WSJ
A tough new Oregon law set to go into effect this week has been thrown into legal limbo, leaving residents and gun dealers confused about the future of firearm sales in their state.
Passed by voters last month, Measure 114 would require residents to get permits to buy firearms and would prohibit the sale and manufacture of magazines that hold more than 10 rounds. If enacted, it would be
one of the most stringent in the country.
Gun-rights groups filed a flurry of lawsuits challenging the law in federal and state courts. On Tuesday, Harney County Circuit Court Judge Robert Raschio temporarily blocked the law from going into effect, saying it violated the right to bear arms in the state constitution. That decision came hours after a federal judge said
the law could go into effect.
“Everyone is basically trying to figure out what’s going on,” said Austin Cock, a manager at Tick Licker Firearms LLC, which has stores in Salem and Corvallis, Ore.
On Thursday, Ellen Rosenblum, the state’s attorney general, tried to offer some clarity to residents in a message on Twitter.
“If you’re wondering about the legal status of Measure 114, the law’s enforcement is (we hope temporarily) on hold by the state courts,” it said. “We will continue to defend the constitutionality of this voter-passed gun safety law.”
Gun-rights groups say they are confident they will prevail in tossing out the Oregon law following a U.S. Supreme Court decision in June that significantly expanded gun rights. The
high court struck down New York state’s system for issuing concealed-weapons permits and set a
new constitutional test for gun-control measures: They must be consistent with the nation’s historical tradition of firearms regulation.
“This law will not survive,” said Alan Gottlieb, founder of the Second Amendment Foundation, which is challenging the Oregon law in court.
The Oregon law would require residents to take a safety course and pass a background check to obtain a
license to purchase guns. It would also mandate background checks to be completed before a gun can be sold. Under federal law, guns can be transferred after three days if the check isn’t completed.
A handful of states such as Illinois and Connecticut require a license to buy all types of firearms. Meanwhile, 12 other states have restrictions on the size of magazines.
Researchers have found that permit-to-purchase laws are associated with lower levels of suicides, homicides and mass shootings, according to the Johns Hopkins Bloomberg School of Public Health. Studies have also shown that restrictions on high-capacity magazines are linked to reductions in the number of people
injured and killed in mass shootings, though not to the number of incidents. But states have also struggled to enforce such restrictions on magazines.
“This law will not survive,” said Alan Gottlieb, founder of the Second Amendment Foundation, which is challenging the Oregon law in court.
The Oregon law would require residents to take a safety course and pass a background check to obtain a
license to purchase guns. It would also mandate background checks to be completed before a gun can be sold. Under federal law, guns can be transferred after three days if the check isn’t completed.
A handful of states such as Illinois and Connecticut require a license to buy all types of firearms. Meanwhile, 12 other states have restrictions on the size of magazines.
Researchers have found that permit-to-purchase laws are associated with lower levels of suicides, homicides and mass shootings, according to the Johns Hopkins Bloomberg School of Public Health. Studies have also shown that restrictions on high-capacity magazines are linked to reductions in the number of people
injured and killed in mass shootings, though not to the number of incidents. But states have also struggled to enforce such restrictions on magazines."
