Oregon’s New Gun Permit Measure, Magazine Ban Temporarily Halted by Judge

Guns are displayed in a store during the Rod of Iron Freedom Festival in Greeley, Pa. on Oct. 9, 2022. Spencer Platt/Getty Images

An Oregon state judge granted a temporary restraining order on Dec. 6 against all provisions of the state’s Ballot Measure 114, which requires a permit to purchase firearms and institutes a ban on “large-capacity” magazines.

The measure, which was passed by 50.7 percent of voters on Nov. 8, was scheduled to take effect on Dec. 8.

“Pending the hearing on the motion for the preliminary injunction, Defendants and Defendants Agents are temporarily restrained from enforcing Ballot Measure 114 as of 12:01 AM on December 8, 2022,” Circuit Court Judge Robert S. Raschio wrote in issuing the order.

Under Oregon law, residents currently don’t need a permit to purchase firearms, and while a background check is required, it doesn’t need to have been completed before buying a gun. There are also currently no restrictions on magazines.

The new law would require residents to complete a background check to obtain a permit to purchase a gun, and would prohibit the manufacture, sale, use, and purchase of magazines that hold more than 10 rounds of ammunition and allow a shooter “to keep firing without having to pause to reload.”

Right to Bear Arms

Holding that the measure would violate Article 1, Section 27 of the Oregon Constitution, which enumerates the right to bear arms, the judge added, “Deprivation of fundamental constitutional rights for any period constitutes irreparable harm.”

“This draconian and unconstitutional measure will NOT stand. This is the first step to victory for GOA, @GunFoundation, and every law-abiding gun owner in Oregon,” Gun Owners of America wrote in celebrating the decision.

Setting a hearing for Dec. 13 at 9 a.m., the judge further ordered the defendants in the case—Oregon Gov. Kate Brown, Oregon Attorney General Ellen Rosenblum, and Oregon State Police Superintendent Terri Davie—to “show cause, if any” why a preliminary injunction shouldn’t be granted.

The case, brought by Gun Owners of America and Gun Owners Foundation, wasn’t the only one to be heard on Dec. 6 regarding Measure 114.

Earlier that day, a federal case brought before U.S. District Judge Karin J. Immergut resulted in the denial (pdf) of a temporary restraining order, with the judge instead delaying the permitting provisions of the law for 30 days.

Following Raschio’s order, however, all provisions of the law have been temporarily halted pending the Dec. 13 hearing.

According to OregonLive, Oregon’s attorney general intends to petition a higher court for a review of the decision.

Kristina Edmunson, a spokesperson for Rosenblum, told the outlet, “We are still sorting through everything, but I can tell you we will be shortly filing a mandamus petition asking the Oregon Supreme Court to review it immediately.”