Voter-approved gun restrictions still on hold
Published 12:30 pm Sunday, February 12, 2023
Oregon’s new voter-approved restrictions on firearms in Measure 114 remain on hold for now.
The Oregon Supreme Court, in an unsigned opinion released Thursday, Feb. 9, turned down a request by Attorney General Ellen Rosenblum and the Department of Justice to remove a pending challenge to the measure in Harney County Circuit Court.
The request was filed Jan. 13, after the circuit court issued two preliminary orders blocking state enforcement of the measure that Oregon voters narrowly approved Nov. 8. Its key provisions: (1) Prospective purchasers must undergo approved training before they can obtain permits to buy firearms; (2) Criminal background checks must be completed by law enforcement, even if incomplete after three days; (3) Ammunition magazines are limited to 10 rounds each.
The court considered the matter Jan. 31 and said this in its opinion:
“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. That resolution is under way 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.”
The high court chose not to set aside those earlier rulings in the circuit court.
A similar challenge failed Dec. 6 in U.S. District Court, although Judge Karin Immergut allowed more time for the Oregon State Police and counties to gear up for firearms training and background checks required under Measure 114. But the Harney County rulings have blocked their enforcement.
The high court also said that its opinion does not bar any future challenge or appeal, assuming that Judge Robert Raschio moves quickly with proceedings to resolve the dispute. Opponents have argued that provisions of Measure 114 are unconstitutional. Rosenblum, whose agency represents the state and defends voter-approved ballot measures, argues that Measure 114 was a lawful exercise of the initiative power under the Oregon Constitution.
Normally, decisions in circuit court go next to the Court of Appeals, but the Supreme Court can intervene and has done so in the past.