The Oregon State Attorney General’s office has asked the state Supreme Court to remove a block on the implementation of gun control Measure 114, imposed by Harney County Circuit Judge Robert S. Raschio, according to the Salem Statesman-Journal.
It has been more than two months after the measure barely was approved by voters, but lawsuits—four federal and one state level—were filed within days. The state action is the one now preventing the measure from becoming effective.
The Attorney General’s office insists the delay in implementing the restrictive gun control legislation is preventing “the will of the people of Oregon” to take effect.
The case before Raschio was brought by the Gun Owners of America, the Gun Owners Foundation and two private citizens.
There are also four federal challenges to the new gun control law, which was passed by a narrow margin on Nov. 8.
According to Oregon Public Broadcasting, “If the state’s petition to dissolve the judge’s order is granted, it would mean that the ban on magazines that hold 10 or more rounds of ammunition would go into effect immediately, as would the requirement for a completed background check.”
Measure 114 bans the future sale, purchase, import and manufacture of so-called “assault weapons” and standard capacity magazines. It also requires a permit to purchase firearms, issued by the police, plus proof of gun safety training in order to buy a gun. Opponents insist in their legal actions these requirements violate the constitution.
The Attorney General’s office, according to the Statesman Journal, contends the Oregon Constitution “protects only the right to bear arms commonly used by Oregonians for self-defense in 1859 and earlier, and doesn’t relate to magazines that hold more than 10 rounds.” Similar arguments have been made in other cases affecting Second Amendment rights.
