Oregon Supreme Court rejects state AG’s petition to overturn Harney County judge’s ruling, let M. 114 take effect
SALEM, Ore. (KTVZ) — The Oregon Supreme Court on Thursday denied the Oregon attorney general's petition to overturn a Harney County judge's injunction and allow Measure 114 to go into effect.
The gun control measure remains blocked until a lower court holds a hearing.
In its ruling Thursday morning, the court said, "Our decision today does not serve as a bar to any future challenge in this court or otherwise an appeal."
The gun control measure remains blocked until a lower court holds a hearing.
Measure 114 closes the so-called "Charleston loophole" by requiring background checks to be completed, not just started, before firearms are transferred. It also includes a ban on high-capacity magazines and creates a new permitting system for all gun purchases
"We recognize that the legal status of Measure 114 is of significant concern to many Oregonians," the state Supreme Court said. "Of course, it is the role of the judicial branch of government to resolve disputes such as challenges to laws enacted by the legislative branch, which includes the people exercising their initiative power. That resolution is underway in the trial court; our only determination today is that now is not an appropriate time to exercise our authority in mandamus in connection with the trial court's temporary and preliminary rulings."
Voters narrowly approved Measure 114 in November. It was set to go into effect in December, but gun rights groups challenged it in court and argued that it violates the Oregon Constitution.
In January, Oregon Attorney General Ellen Rosenblum petitioned the Oregon Supreme Court to allow at least part of the measure to go into effect after Harney County Circuit Court Judge Robert S. Raschio ultimately blocked all parts of the measure in a series of rulings in December.
The Oregon Attorney General's office previously asked the Oregon Supreme Court to intervene after Judge Raschio initially halted the measure. The state Supreme Court declined to intervene.
