RECAP: Measure 114 bounces from court to court

PORTLAND – Ballot Measure 114 started Thursday in U.S District Court in Portland and ended the day in Harney County Circuit Court. Here’s a brief synopsis of what happened.

In Portland, Judge Karin Immergut denied the request from four different lawsuits that a temporary restraining order be placed on the gun control measure until its constitutionality could be decided in the courts. She did grant, however, a request by the Oregon Department of Justice that the portion of the measure that deals with in-person training and the permitting process to be put on hold for 30 days. No system yet exists to handle that permitting process.

Then, a fifth suit was filed in Harney County. This suit was based on the measure as it relates to guarantees in the Oregon Constitution, not the U.S. Constitution. That suit also requested a restraining order. About three hours after Immergut’s federal ruling, Raschio ruled from the bench that he was granting a 10-day stay for the entirety of the ballot measure. In addition, Raschio called for a Dec. 13 court session to consider extending the stay more than 10 days.

Legal experts agreed that Raschio’s ruling is in a different venue, challenging state not federal law. Therefore, they said, it should stand and override the work at the federal level.

Reaction from Salem was swift. A member of Attorney General Ellen Rosenblum’s staff told Portland media that the Department of Justice will file an expedited request with the Oregon Supreme Court that it block the Harney County ruling. That is within the state supreme court’s power, but observers say it’s unlikely to happen.

Photo via http://www.courthouses.co/us-states/o-u/oregon/harney-county/

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Elkhorn Media Group

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