Update on the legal tribulations of Oregon Measure 114.
Ballot Measure 114, tightening gun laws in the state, was approved by voters in November but has been held up in courts ever since.
www.opb.org
First a reminder of what that law entails:
Jonathan Levinson: The measure does three things if courts allow it to take effect:
It creates a permit to purchase requirement. That means anyone who wants to buy a firearm in the state will need to pass a background check and take a firearms safety course first. Part of that course requires applicants to demonstrate they know how to safely load, fire and store a firearm.
The ballot measure also banned magazines holding more than 10 rounds of ammunition. There are exceptions for military and law enforcement and it’s not retroactive so people can legally keep magazines owned before the law takes effect but there will be restrictions on where they can use those magazines.
And finally, the law would close what’s known as the Charleston Loophole. Federal law says if a background check for a firearms purchase or transfer isn’t complete after three days, the sale or transfer can still be completed.
It’s called the Charleston Loophole because it was how a white man in Charleston, South Carolina, was able to buy a gun in 2015 before going on a racist killing spree. He murdered nine people at the historically Black Mother Emanuel Church.
People buying firearms in the state still need to submit to a background check but the law says a sale can go through after three days. Closing that loophole would mean it doesn’t matter how long the background check takes, it must be completed before a sale can go forward.
The measure is now tied up in courts and is on hold. Not for bad reasons though there are a few dumb ones. Most importantly, the measure only allowed one month for legal authorities to set up compliance procedures. Simply not enough time was allowed. Also, one court judge said she couldn't rule on constitutionality until those procedures are available for him to review. Not the Harney County judge. He didn't need no stinkin' details and ruled outright that it was unconstitutional under the State Constitution..
Levinson: That’s right. As of now all the provisions are blocked by a Harney County Circuit Court until a full trial can be held on their constitutionality.
An appeal to the Oregon State Supreme Court has been filed but no date is set for lawyers to submit their briefs. The OSSC is asking for details too.
There are lawsuits at the federal level too.
there are four challenges in federal court arguing the law violates the U.S. Constitution, the second amendment right to bear arms.
But the federal judge hearing those cases actually said the law can go into effect while a full trial is held so as far as the federal courts are concerned, this law can take effect.
The one stipulation to that is the permit to purchase requirement which, like in state court, the federal judge said she would give the state time to get that up and running. She initially allowed 30 days but that was extended after the state agreed it needed more time.
And so, here we are:
This is going to be a long drawn out court battle. In the federal case, three days of oral arguments are scheduled for the end of February which will be to decide if the judge will order a preliminary injunction, blocking the law pending a full trial.
In the state case, a hearing hasn’t been scheduled yet but the Oregon Department of Justice has already said they are asking the state supreme court to review the lower court’s ruling.
And something similar is likely to happen in the federal case. No matter what the judge decides, her decision will likely be appealed to higher courts… that would be the Ninth Circuit Court of Appeals and, potentially, the U.S. Supreme Court.
So as things stand, Oregon gun laws have not changed, but as we’ve been saying since November, stand by.
abcnews.go.com
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