Gun control restraining order is back before the Oregon Supreme Court

By on Sunday, January 15th, 2023 in Columbia Basin News Featured Stories

SALEM – The Oregon Attorney General’s Office has once again filed a request with the Oregon Supreme Court to undo the pause placed on Ballot Measure 114 by Harney County Circuit Court Judge Robert Raschio. The gun control measure is being challenged in that court based on whether it is in agreement with the Oregon Constitution.

This isn’t the first time the state has looked to the Oregon Supreme Court to halt Raschio’s restraining order. The first time that happened, the high court refused to hear the request.

Earlier this month, Raschio added the part of the law that deals with background checks that allows gun sellers to complete the sale of a firearm if the permitting process takes longer than three days. It’s important to note that the discretion on releasing the firearm is with the seller, not the buyer. Last month, Raschio also placed a restraining order on Measure 114’s ban of high-capacity magazines.

Meanwhile, the permitting process remains on hold in U.S. District Court in Portland. A federal judge put it on hold when the Oregon State Police said it would not have an effective process in place, speculating that could happen in March. The permit program requires gun owner training prior to a permit being issued. The state is not challenging the hold on the federal case.