BREAKING NEWS: Judge declines to plug ‘loophole’

By on Tuesday, January 3rd, 2023 in Columbia Basin News Featured Stories

HARNEY COUNTY – In a ruling issued today (Tuesday) Harney County Circuit Court Judge Robert Raschio declined to separate a portion of Ballot Measure 114 and allow it to stand. The move, requested by the defense, would stop the requirement under Oregon law that if gun sellers did not receive a background check on the purchaser after three days of filing it, they were allowed to release the gun to the new owner.

Oregon’s new gun control measure were seeking to plug what they called a loophole in gun ownership regulations. Those opposing the measure call it a basic right under law. Raschio wrote that it would be impossible to separate that portion of Measure 114 from the rest of the new law.

Raschio has a temporary restraining order in place on the ballot measure which the Oregon Supreme Court has refused to overturn at least at this time. At the last hearing, he said he would schedule a hearing at a later date to consider the constitutionality of the entire ballot measure. Since the state has said it could not get a permitting process in place as required by the new law until March, it is likely that the hearing will come at that time.