Oregon Gun Measure: Federal Judge Ruling at Conflict with State Judge

(Photo : Photo by Valentine CHAPUIS / AFP) (Photo by VALENTINE CHAPUIS/AFP via Getty Images)
A federal judge's ruling conflicts with a state judge over an Oregon gun measure that would make it harder for people to purchase new firearms.

A federal judge ordered the permit-to-purchase portion of the strict new gun law in Oregon to be delayed 30 days in a ruling on Tuesday, which is in conflict with the previous ruling of a state judge.

The new ruling comes after law enforcement authorities said that they needed more time because they would not be able to implement the system within the deadline. The situation would allow Oregonians to purchase firearms without the need for a permit for at least 30 days after Dec. 8, which is when the rest of Measure 114 is set to take effect.

Oregon's New Gun Measure

The provisions of the bill include a ban on ammunition magazines that are capable of holding more than 10 rounds and background checks for all gun sales. Judge Karin J. Immergut issued the stay on the provision "in light of the difficulty the State has conceded in terms of implementation of the permitting provisions at this stage."

The ruling comes as, on Sunday night, the state's attorney general had asked Immergut for a two-month extension of the law's training requirement, which is part of the permitting process. This was after police officials said that they will not be able to issue permits by Dec. 8, which would result in all gun purchases being ceased, as per Fox News.

Oregon police had hoped that the federal judge would grant a delay to give them sufficient time to create and implement a permit-to-purchase system without any issues. In a statement, Eugene Police Chief Chris Skinner said that having an opportunity to reflect on the mechanics would be a boon this holiday season.

Skinner, who serves as the president of the Oregon Association Chiefs of Police, said that one of the nuances of the ballot measure was that it was unclear who is responsible for the training needed for gun purchases.

According to OPB, the new measure was also expected to close the so-called "Charleston Loophole," which is a gap in federal law that allows firearms to be transferred to a person after three days if a background check is not complete.

Strict New Law

A spokesperson for the Oregon Department of Justice also said that the agency is set to file a mandamus petition to ask the state's Supreme Court to review the case immediately. Immergut added that the plaintiffs working to block the new law failed to present sufficient evidence that they were entitled to "the extraordinary relief they seek."

Furthermore, Immerguy denied a temporary restraining order that sought to block the provision requiring a permit to purchase a firearm from taking effect. Sheriffs have raised concerns about the new law since it was first passed.

The situation comes as multiple gun rights groups, local sheriffs, and gun store owners have filed lawsuits against the new law. They argued that it violates Americans' constitutional right to bear arms.

In the weeks since the measure was approved by voters on Nov. 8, gun sales and requests for background checks soared due to fears that the new law would prevent or significantly delay the purchase of new firearms under the permitting system, Yahoo News reported.