U.S. District Judge Karin J. Immergut denied temporary restraining orders for the magazine capacity limit and background check portions of the measure.
The measure, which Oregon voters passed with 50.7% of the vote in November’s midterm election, bans magazines that hold more than 10 rounds, requires a permit to purchase a gun, and requires a background check to be completed prior to a gun sale or transfer.
In the 43-page ruling, U.S. District Judge Karin J. Immergut granted a delay of 30 days for the permitting process portion of the measure after the Oregon Department of Justice said Sunday that the state wouldn’t be ready to implement that portion of the measure by Dec. 8. That means Oregonians won’t have to obtain a permit before buying a gun for 30 days after the measure takes effect on Thursday.
Immergut denied temporary restraining orders for the magazine capacity limit and background check portions of the measure.
On Friday, Immergut heard oral arguments in a case on whether the measure violates Americans’ constitutionally protected right to bear arms. Plaintiffs in the lawsuit included the Oregon Firearms Federation, the owner of a Marion County gun store and the Sherman County Sheriff. After hearing the arguments Friday, Immergut said she’d issue a ruling this week.
“The burden imposed by Measure 114 on the core Second Amendment right of self-defense is minimal,” Immergut wrote in the ruling issued Tuesday.
On Sunday night, the Oregon Department of Justice asked Immergut to postpone the permit requirement of the measure for two months to give law enforcement more time to implement it.
In Sunday’s letter requesting the delay for the permit requirement, the DOJ said other parts of the measure should take effect as scheduled on Dec. 8, “including the process for applying for permits, the restrictions on large capacity magazines, and the requirement that background checks must be completed — and not just requested — before firearms can be transferred.”