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Gun Control Measure 114: In November, Oregon voters narrowly approved the proposition. The suspension imposed by Harney County Judge Robert S. Raschio last month is being reversed, according to the attorney general’s office. He is concerned that the law is violating the state Constitution.
The state stated in a court document filed on Friday that Raschio’s decision violated precedent and “constituted a basic legal mistake.”
Oregon Seeks State Supreme Court Approval Of Gun Control Measure 114
It contended that the state’s top court should let the legislation go into force because, in the absence of doing so, the will of the people would be disregarded and the matter would remain unresolved until the case went to trial. The public’s attempts to stop gun violence “will be directly undermined” in the meanwhile.
Last week, Raschio confirmed a suspension of the law’s background check provisions. The so-called “Charleston Loophole” allows gun dealers to hand over a weapon to a customer three days after the background check is completed, regardless of the status of the background check. Because the ban on high-capacity magazines remains in effect, they are still legal.
The future of the measure, according to the Harney County judge, is also dependent on the court’s decision on the constitutionality of the permit-to-purchase program. The permit program requires law enforcement to instruct gun buyers.
A federal court agreed to halt the permitting process after law enforcement agencies complained that the new procedure was overwhelming them.
“As with the permitting portion, the state court issued a similar injunction. According to Michael Kron, special counsel of Attorney General Ellen Rosenblum‘s office, “We are asking the Supreme Court to overturn that state court judgement, but the federal court injunction would stay in force with respect to a necessity for a permit.
As a result, even if the Supreme Court grants our request, it will not become effective until at least March. Although we addressed each of the measure’s three components in our state court petition, only two of them would actually change: the magazine capacity limitations and the Charleston Loophole problem, where the state injunction now serves as the only injunction.
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