Thursday morning came and went in Oregon without a new gun control law in effect, thanks to a late Wednesday decision by the state Supreme Court, which declined to reverse a ruling by Harney County Circuit Court Judge Robert Raschio granting a temporary restraining order in a lawsuit filed by Gun Owners of America, based on state constitutional grounds.
The Oregon constitution’s right to bear arms provision is simple: “The people shall have the right to bear arms for the defence (sic) of themselves, and the State, but the Military shall be kept in strict subordination to the civil power.”
Oregon Attorney General Ellen Rosenblum had asked the state high court to overturn Raschio’s ruling, but was not successful. Raschio has set Dec. 13 for a hearing on the merits of the GOA case.
His decision, and the subsequent state Supreme Court action to not reverse him, created some confusion. At least four separate federal lawsuits have been filed against Measure 114, which requires training and a permit to purchase firearms, and also bans so-called “high capacity” ammunition magazines. Two lawsuits involve the Second Amendment Foundation, one was filed by the National Shooting Sports Foundation (with support from the National Rifle Association through its state affiliate, the Oregon State Shooting Association. OSSA. The fourth was filed by the Oregon Firearms Federation, and their motion for a TRO was denied by U.S. District Judge Karin J. Immergut, a Donald Trump appointee.
But that was before Judge Raschio’s was issued. The GOA lawsuit is not in federal court, but a state court.
According to the Associated Press, Rosenblum issued a public statement after the state Supreme Court rejected her plea.
“Magazine capacity restrictions and permitting requirements have a proven track record: they save lives!” Rosenblum said. “We are confident the Oregon Constitution — like the Second Amendment of the U.S. constitution — allows these reasonable regulations.”
Meanwhile, Fox News is reporting that gun sales continued at a fever pitch as the Thursday enactment of the new law approached. The manager of one gun store told Fox, “It’s just been total chaos in here.”
The battle in Oregon over Measure 114 is far from over, and there may still be court action on the remaining federal lawsuits.
