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Emergency motion filed in court challenge to Oregon’s Gun Control Measure 114 > Oregon

The Oregon Firearms Federation, along with the Sherman County Sheriff and a Keizer gun store owner, filed an emergency request late Wednesday night to prevent Oregon’s Gun Control Measure 114 from going into effect Dec. 8.

The request for an injunction and restraining order comes five days after the three plaintiffs filed their first lawsuit in federal court, arguing the measure was unconstitutional.

They allege that by prohibiting the sale, distribution or purchase of magazines that may contain more than 10 rounds and requiring a license to purchase a gun, the measure violates Second Amendment right to bear arms.

“Its draconian terms turn the Second Amendment on its head by stating that adults do not have that right, presumably to own and wear a constitutional right, unless they can specifically prove to the government that they are ‘good enough.’ are. to have a gun,” attorney John Kaempf wrote in the filing.

Oregon voters narrowly approved the measure after a grassroots campaign by interfaith group Lift Every Voice Oregon.

Proponents argue that banning large-capacity magazines will help reduce mass shootings and save lives, since shooters would have to pause to reload before they could fire dozens of shots.

James Alan Fox, a criminal justice professor at Northeastern University in Boston who tracks mass killings, said there have been 13 mass shootings with four or more deaths since Oct. 3, and so far this year a total of 35, making 2022 a record year for mass shootings.

Measure 114’s gun purchase program, its proponents argue, will also help prevent suicides by preventing people from immediately getting their hands on a gun to take their own life.

Those who took the challenge to court wrote in their emergency motion that the measure should be renamed the “Arms Magazine Seizure and Arms Register Act,” according to Self-Defense. They claim that magazines with 10+ rounds existed before the American Revolution and had been commonly owned since 1862.

Firearms Association President Kevin Starrett, Sherman County Sheriff Brad Lohrey, and Coat of Arms Custom Firearms Store owner Adam Johnson each submitted very similar signed statements of support.

They each argue that if they can’t use a magazine with more than 10 rounds to defend themselves in a sudden, unexpected crime, law-abiding gun owners are at a disadvantage because the gun owners are unlikely to have more than one gun within reach.

“The presence of multiple attackers may require far more defensive discharges to eliminate the threat. The stress of a criminal attack greatly reduces the likelihood that shots fired will hit an attacker, and bullet hits do not necessarily incapacitate a criminal before he can complete his attack,” Starrett said in a statement.

The lawsuit was filed against Gov. Kate Brown and Oregon Attorney General Ellen Rosenblum in US District Court in Pendleton, but was moved from the court to Portland and assigned to US District Judge Karin J. Immergut.

Brian Simmonds Marshall, Rosenblum’s senior assistant attorney general, has filed a notice that he will represent the governor and attorney general, but has not yet filed a response.

No date has been set for a hearing on the application.

Meanwhile, the firearms association predicts the lawsuit in court will be the “costliest single fight in the history” of its organization and emailed supporters asking for donations towards his legal bills.

State police have released few details about how the new gun purchase program will work, or offered many guidance to gun owners about the steps they should take if they already own a higher-capacity magazine.

Under Measure 114, licensed dealers who already hold larger capacity magazines have 180 days from the day the measure becomes effective to sell them to an arms dealer or other out-of-state person or to destroy them. After the 180 days, arms dealers may only sell or transfer newly manufactured, high-capacity magazines marked with a special stamp indicating they are for military or law enforcement use — two legal exceptions.

Individuals who already possess the magazines may keep them in a private home or property, use them at a shooting range or shooting competition, or use them for recreational purposes such as hunting, to the extent permitted by state law. A violation would be a Class A misdemeanor.

To prove that a gun owner was in possession of higher-capacity magazines prior to the enactment of Rule 114, the owner could take a photograph with a time stamp of the magazines, State Police Capt. Stephanie Bigman suggested. But state police, she said, are still seeking further guidance from the agency’s legal counsel.

– Maxine Bernstein

email [email protected]; 503-221-8212

Follow on Twitter @maxoregonian

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