US District Court Judge Karin Immergut has denied a motion to delay the implementation of Ballot Measure 114. Judge Immergut was appointed by President Donald Trump in 2019.

Judge Immergut did agree with the state’s request to delay the permitting process for 30 days -- a process the state assured the court will be ready by Thursday.

According to Kevin Starrett of Oregon Firearms Federation, that will provide no protection for anyone who currently owns a standard capacity magazine or anyone who owns a common shotgun which will now be contraband. It also does nothing for anyone waiting to take possession of a firearm they paid for but have not received, if that gun comes with a standard magazine.

Furthermore, according to Starrett, come Thursday even security guards and off duty police will be breaking the law if they are in possession of a standard magazine.

According to the Opinion and Order produced by the court:

[B]ased on the record before this Court at this early stage in the litigation, this Court finds that Plaintiffs have failed to meet their burden showing that they are entitled to the extraordinary relief they seek. Plaintiffs have failed to demonstrate that they will suffer immediate and irreparable harm if this Court does not block Measure 114 from taking effect on December 8, 2022. Plaintiffs have not produced sufficient evidence at this stage to demonstrate a likelihood of success on the merits of their challenge to Measure 114’s restrictions on large-capacity magazines. Plaintiffs have also failed to demonstrate a likelihood of success on their facial challenge to Measure 114’s permitting provisions. With respect to any as-applied challenge, Defendants have stated that they are not ready to implement the permitting requirements and have asked this Court to “enter an order providing a limited window in which Oregonians will be able to purchase firearms even though they do not have a permit, while also allowing Oregonians to apply for and be issued permits.” Accordingly, Plaintiffs’ Motion for a TRO, ECF 5, is DENIED

“This is a lengthy and obviously disappointing decision,” said Starrett, “and we will have more information soon. But for now, unless something really unexpected happens, understand that your rights will be, once again, seriously eroded starting Thursday.”

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--Staff Reports

Post Date: 2022-12-06 13:26:30

Last Update: 2022-12-06 17:21:51