Judge Robert Raschio in Harney County issued a decision on the State of Oregon’s efforts to eliminate the three day safeguard rule, which requires law enforcement to report the results of a background check for firearms purchases or allow the transaction to proceed. Both state and federal law have safeguards built in to allow the transfer of a firearm to take place when the background check system fails.

Judge Raschio issued a two-page opinion focused on the severability issue. The text of Measure 114 contained a severability clause which said that "if any provision of this 2022 Act or its applications to any person or circumstance is held invalid", then the court determines if other portions of the law survive.

The language the defendants urge the court to use to sever is inexorably linked with the permit-to-purchase program. To find otherwise requires the court to ignore the operative language linking each provision on background checks to the permit-to-purchase program. The court would be separating sentences at commas and considering the phrase "permit holder" surplusage. It is not surplusage. The court declines the defendants' invitation to do so at this preliminary stage.

Oregon Firearms Federation Director Kevin Starrett says that "Today’s decision is very good news. The days ahead will tell what the state plans to do to reverse that good news but for now we have another victory for gun owners and common sense. But the federal case is continuing and the legal bills are larger than anything OFF has ever faced before."

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A D V E R T I S E M E N T

In addition to this case in state court, there are three cases -- now consolidated -- working their way through federal court.

According to Starrett, "It’s extremely likely that the state, under the direction of a militantly anti-gun Attorney General, will appeal Raschio’s rulings. AG Ellen Rosenblum has made it clear that she has no interest whatsoever in whether Measure 114 is constitutional. If there is a way to deny people’s 2nd Amendment rights, she is going to attempt it."

Starrett raised a further point. "But the great unknown is what happens to those cases if the legislature changes the law? Will the Democrats time any changes to assure the most costly outcome for gun owners? Probably. Remember, gun owners are not only paying the lawyers who are defending their rights, they are, whether they like it or not, paying the lawyers who are working to destroy those rights."


--Staff Reports

Post Date: 2023-01-04 11:44:26

Last Update: 2023-01-04 23:42:21