An Oregon judge has blocked a gun control measure banning high-capacity magazines from taking effect while court battles over its constitutionality play out.
Harney County Judge Robert Raschio issued a preliminary injunction on Thursday against the measure that voters narrowly approved to restrict magazines that hold more than 10 rounds of ammunition.
“That the large capacity magazine bans promote public safety is mere speculation,” Raschio said in the ruling. “The court cannot sustain restraint on constitutional right on mere speculation that the restriction could promote public safety.”
The lawsuit challenging the law, filed by Gun Owners of America Inc., the Gun Owners Foundation and several individual gun owners, argues that the measure violates Oregon’s constitution, which includes a right to bear arms, and seeks to have the entire measure blocked while the legal challenges play out.
Measure 114, which voters approved last month with about 50.6 percent of the vote, requires potential gun buyers to receive a permit, criminal background check, fingerprinting and training course. It also prohibits the sale, transfer or import of gun magazines more than 10 rounds unless their owner is a member of law enforcement or the military or owned the magazine before the measure was passed.
Raschio already blocked the measure’s permit-to-purchase provision and prohibition on selling firearms before the results of a background check come back in a separate ruling on Tuesday.
A federal judge also granted a 30-day delay to the permit-to-purchase provision taking effect last week but allowed the ban on the high-capacity magazines to go forward. The measure was supposed to take effect last week.
Multiple lawsuits have challenged the measure since it was approved. All but the case in Harney County were filed in federal court.
The Associated Press contributed to this report.
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