After a federal judge recently ruled that a ban on high capacity magazines in Oregon can take effect come Thursday, placing a 30-day hold on the permit requirement to purchase a firearm, a state circuit court judge has blocked the entire law from going into effect.

The law would ban the manufacture, purchase and sale of "high capacity" magazines which can hold more than 10 rounds of ammunition and would require gun buyers to take a safety course (in addition to passing a background check to receive a permit allowing them to purchase a gun). Contrary to some reporting on the issue, background checks are already a necessary step to purchase a firearm and have been for some time.

Now a County Circuit Court Judge in Oregon has ruled that implementation of Measure 114 would violate Oregonians’ state constitutional rights. Adding that citizens would be unable to lawfully purchase a firearm in the State of Oregon, which is not only a state constitutional right, but also a national constitutionally guaranteed right.

The Oregon Department of Justice has implied that they will file a "mandamus petition" asking the Oregon Supreme Court to review the case immediately following the ruling.

In federal court, a U.S. District Court Judge has said the plaintiffs did not present sufficient evidence to show they were entitled to “the extraordinary relief they seek.”

This is a rare case in which individuals would be denied a constitutional right without due process.


The Oregon State Supreme Court has ruled against the Oregon Attorney General's request to allow Ballot Measure 114, the voter approved gun law, to take effect on Thursday. A ruling by a Harney County Circuit Court judge that temporarily blocks the measure will remain in effect. A hearing is scheduled for next Tuesday in Harney County.

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