A ruling by a state court judge placed Oregon’s tough new gun law on hold, just hours after a federal court judge allowed the ban on the sale and transfer of high-capacity magazines to take effect. The state will appeal to the Oregon Supreme Court.
Earlier Tuesday, a federal judge in Portland delivered an initial victory to proponents of the sweeping gun-control measure approved by Oregon voters. U.S. District Judge Karin Immergut allowed the ban on the sale and transfer of new high-capacity magazines to take effect Thursday while giving law enforcement more time to set up a system for permits that will now be required to buy or transfer a gun.
After Thursday, a gun cannot be sold or transferred until the background check comes back; previously, sales could take place if the check took longer than three business days — the so-called “Charleston loophole,” a gap in federal gun law that allowed the purchase of the gun used in a 2015 South Carolina mass shooting.
“We want the best results possible. We’d like to see the permitting in place this week because that would save lives, but at the same time we understand that it will take longer to do it well,” said Mark Knutson, chairman of the Lift Every Voice Oregon campaign and pastor at Portland’s Augustana Lutheran Church.Tuesday’s ruling is far from the end of the legal wrangling over the new law; at least four lawsuits have been filed against it.
Instead, judges should only weigh whether the law is “consistent with the Second Amendment’s text and historical understanding.”
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