Judge In Harney County, Oregon Must Rule On A Disputed Gun Measure By Tuesday

Disputed Gun Measure: On Tuesday, January 3, a judge in Harney County will make a ruling on whether to temporarily halt the implementation of Measure 114. The proposed legislation would close a legal loophole that currently permits weapons to be sold by dealers before a background check clears if the buyer doesn’t provide a social security number.

Oregon Must Rule On A Disputed Gun Measure By Tuesday

On Tuesday, January 3rd, a Harney County Circuit judge will rule on whether or not to close a loophole that permits gun buyers in Oregon to receive weapons from dealers if background checks take longer than three days to complete.

Voters in Oregon passed Measure 114 in November to close that loophole and make it illegal for buyers to receive weapons from a dealer before the background check submitted to law enforcement is cleared. Legal objections against the measure’s legality have temporarily halted its implementation.

Read More:-

After hearing arguments from both sides, Judge Robert Maschio said last week that he will issue a ruling by 5 p.m. on January 3.

The goal of Measure 114 is to avoid mass shootings like the one in which nine people were slain in a church in Charleston, South Carolina in 2015. The gunman in that case had a criminal record that would have barred him from purchasing a firearm, but his background check was delayed. Since then, the issue of whether or not to close the so-called “Charleston loophole” has been front and center in legislative and electoral discussions regarding gun control.

Federal Court. U.S. District Judge Opinion
Federal Court. U.S. District Judge Opinion

The case has put a stop to other aspects of Measure 114. Included in these measures is a new permission system that mandates applicants go through training that includes live fire exercises, and a prohibition on the sale of high-capacity magazines that hold more than 10 rounds. The anticipated ruling by Raschio will not affect such provisions.

The state of Oregon is being sued by the Virginia-based Gun Owners of America and its affiliated foundation, the Gun Owners Foundation, for the events that occurred in Harney County. Both Joseph Arnold and Cliff Asmussen, residents of Harney County, are also named as plaintiffs. On its website, Gun Owners of America boasts that it has more than 2 million members and advocates for the “freedom to keep and carry weapons without compromise” among gun owners.

Gun Owners And Dealers Situation

Critics of Measure 114 include gun owners, dealers, and some rural sheriffs who worry it would be impossible to implement and will drain resources from law enforcement. The plaintiffs’ attorney, Tony Aiello Jr., argued that the current system in the state, without the new measure, is constitutional because it gives gun dealers, not the state, the authority to decide whether or not to sell firearms to customers if a background check hasn’t been completed within three days.

Aiello said that because of the new law, “Oregonians have no guarantee whatsoever that their background checks would be timely.”

He pushed back on the label of “loophole,” noting that the current rule is meant to shield gun shops from liability and prevent excessive discretion from government employees in charge of background checks.

State private attorney Harry Wilson argued that the measure’s provision closing the three-day loophole should go into effect even as other sections of the law are being challenged in court. He argued that the court may strike down only the unlawful provisions, rather than having to suspend the entire statute.

U.S. District Judge opinion

A separate lawsuit challenging Measure 114 has been filed in federal court. U.S. District Judge Karin Immergut issued her opinion, in that case, earlier this month, saying that Oregon can defer the permission requirements until the state sets up a system. However, the restriction on sales of high-capacity magazines holding more than 10 rounds was upheld by Immergut and will go into effect on December 8.

The injunction issued by the court in Harney County was more binding than the federal one. Attorney General Ellen Rosenblum and the Oregon Department of Justice asked the Supreme Court to intervene, but it refused.

Read More:-

To develop a permission system, state officials have requested until March 7 from the federal court. After the state’s permitting system is up and running, the court in Harney County has promised to hear arguments from both parties.

You can visit focushillsboro.com for the latest information and news. If you have any queries or suggestions can put them in our comment section.

About The Author

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top