Oregon ‘High Cap.’ Mag. Ban & owner registration preliminary injunction

[Old Hobo]

"Circuit Judge Issues Preliminary Injunction Against Oregon ‘High Capacity’ Magazine Ban"

https://www.breitbart.com/politics/...on-against-oregon-high-capacity-magazine-ban/

"Circuit Court Judge Richard S. Raschio issued a preliminary injunction Thursday, blocking implementation of the “high capacity” magazine ban contained in Oregon’s Ballot Measure 114 (BM 114).

"Breitbart News reported that Raschio initially issued a temporary restraining order (TRO) against BM 114 on December 6, 2022, and made clear that the burden was on the state to show why a preliminary injunction ought not be put in place.

"The lawsuit against BM 114 was brought by by Gun Owners of America (GOA), the Gun Owners Foundation, Gliff Asmussen, and Joseph Arnold.

"Two of the gun controls contained in BM 114 are: 1. A permitting system, requiring Oregon residents to pay $65 for a permit before being allowed to buy a firearms. 2. A “high capacity” magazine ban.

"On December 14, 2022, Breitbart News spoke with GOA and they noted that the TRO regarding the background check for the permit to purchase was still in place and a decision on the “high capacity” magazine ban was expected on December 15.

"On December 15, Raschio issued the preliminary injunction against the magazine ban and kept the TRO in place for the permit to purchase.

"He made clear the preliminary injunction will remain in place until “a full trial” regarding the magazine ban can be held.

"As for the permit to purchase system, Judge Raschio said the TRO against it will remain while the state tries to make the system workable. Once the state says the system is workable a new hearing will be held to determine if the permitting system is constitutional.

"The case is Arnold v. Brown, No. 22CV41008, in the Circuit Court for the State of Oregon for the County of Harney."
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[hso]

While good to see some relief, this is isn't a permanent block to the legislation. The process of friendly courts providing a temporary injunction is usually followed by another doing away with the injunction. This often goes on back and forth until a State Supreme Court or the US Supreme Court eventually makes a ruling. Keep your fingers crossed, but remember that we're in the middle of a well tried process that has to play out.

https://www.ammoland.com/2022/12/or...e-ban/?ct=t(RSS_EMAIL_CAMPAIGN)#axzz7njgeCTwb

Read more: https://www.ammoland.com/2022/12/or...ary-injunction-on-magazine-ban/#ixzz7njgxHuAS
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A circuit court judge in Oregon has granted a preliminary injunction on the large capacity magazine prohibition contained in Ballot Measure 114 “until full trial can be held on the Complaint for Declaratory and Injunctive Relief.”

Kevin Starrett, founder and president of the Oregon Firearms Federation, told Ammoland News in a telephone conversation this is still early in the legal process, so it would be too early to break out the party favors. But it indicates where the case, which was brought by Gun Owners of America (GOA), the Gun Owners Foundation, and two private citizens, might be headed.


In his order, Circuit Court Judge Robert S. Raschio noted that the court “will maintain the Temporary Restraining Order under Oregon Rule of Civil Procedure (ORCP) 79(A) on BM 114 sections one through ten until the state provides notice that it is prepared to deploy “Permit to Purchase” program.”

This new ruling says that the magazine ban portion will be on hold at least until a trial can be held. Another hearing is slated for Dec. 23.
The ballot measure has drawn at least four federal lawsuits involving every major gun rights organization in the country. However, the GOA case was filed at the state court level, and it has been centered in Burns, a community in east-central Oregon, hundreds of miles away from Portland.

“The court ORDERS the temporary restraining order remains on Ballot Measure 114, sections one through ten,” Judge Raschio wrote. “Upon receipt of notice from the Defendants the “permit to purchase” process is administratively ready, the court will hold preliminary injunction hearing within 1O days, unless fixed by the court on different date, to determine if the program can constitutionally be implemented.”

Starrett and OFF are not involved in that case. However, OFF did issue a statement.

“The ruling came today and means that for now, your standard capacity magazines are safe,” the group said. “There will still have to be a complete trial on the constitutionality of the measure, but at the moment, the permit to purchase and the ban on standard magazines will not be allowed to go into effect.”

“The battle continues,” OFF added, “both in this statewide case that Gun Owners of America has brought and the four other cases that are in Federal Court. But this is more good news and another win for GOA.”
This order comes after Judge Raschio held a lengthy hearing Tuesday on the GOA lawsuit.

Regarding the permit to purchase section of Measure 114, which is on hold, the judge explained, “Upon receipt of notice (of the permit system being in place), the court will hold preliminary injunction hearing within 10 days to determine if the program can constitutionally be deployed. The court cannot rely on federal stay. There is separate analysis and identified right under Oregon law.

“The court adheres to its oral findings from December 6 and 13, 2022.

“Defendants are granted hearing on December 23, 2022, regarding the ‘Charleston’ loophole portion of BM114. Defendants will identify in written notice the operative language at issue for that hearing by Friday, December 16 at noon.”

Measure 114 is considered by many critics to be the most extreme gun control effort in the country. Of the four federal lawsuits challenging Measure 114, two were filed by the Second Amendment Foundation, one by OFF and one by the National Shooting Sports Foundation. All four of those actions are in federal court in Portland.

SAF’s first lawsuit came earlier this month and involved G4 Archery, Grayguns, Inc., the Firearms Policy Coalition and a private citizen, Mark Fitz.

The second legal action has SAF lining up with Sportsman’s Warehouse, Inc., Firearms Policy Coalition, Inc. (FPC), Daniel Azzopardi, a private citizen.

The NSSF partnered with the Oregon State Shooting Association, a National Rifle Association affiliate, which puts NRA on the playing field as well, and Mazama Sporting Goods.

The only certainty is that these court cases will keep a platoon of attorneys busy for the foreseeable future, Starrett indicated.

 

[General Geoff]

While good to see some relief, this is isn't a permanent block to the legislation. The process of friendly courts providing a temporary injunction is usually followed by another doing away with the injunction. This often goes on back and forth until a State Supreme Court or the US Supreme Court eventually makes a ruling. Keep your fingers crossed, but remember that we're in the middle of a well tried process that has to play out.

Having read the text of this decision, the plaintiffs made all the right arguments and presented all the right data. It appears this judge was far less biased against the plaintiffs' expert witnesses compared to Rhode Island's recent decision.

It's fascinating to read both of them to see just how different the same thing (seeking injunction against a large capacity magazine ban) can be both argued and decided, by different players and a different referee.

 

[Bfh_auto]

Having read the text of this decision, the plaintiffs made all the right arguments and presented all the right data. It appears this judge was far less biased against the plaintiffs' expert witnesses compared to Rhode Island's recent decision.

It's fascinating to read both of them to see just how different the same thing (seeking injunction against a large capacity magazine ban) can be both argued and decided, by different players and a different referee.

The ref makes it breaks a game if both players are good.
To me that is all the judicial system is now. A game of give me your money. Right and wrong doesn't matter.
I'm happy for Oregon though. It's a step in the right direction.