A 30 day gap of continued liberty arrive as an early Christmas present for Oregonians today. Unfortunately, District Court Judge Immergut denied the restraining order requested by 2A activists in a lawsuit attempting to stop the implementation of Oregon Measure 114 in court on Tuesday. Immergut however did grant the state time to put together the permitting scheme previously due to go into effect on Thursday, December 8, mere days after the OR Attorney General implied in a tweet that delaying the implementation of the law would cost lives.
Whether granted a 30 day reprieve, or 300, the evidence that the law was poorly written and entirely unplanned for is inescapable. One has to wonder if the defendants changed their tune on the implementation date because they recognized the untenable position it placed them in, or because they realized that letting it go forward would create a constitutional crisis that would call into question the entire law on its face.
The massive glut of purchases that hit the OR NICS system in November, which continues to grow in size, should make clear the harm this law as written had the potential to cause, but apparently Her Honor disagrees. As yet, while the permitting portion of the law has another 30 days until implementation, the magazine capacity ban seems to be going forward, and unless something dramatic happens before the 8th, will become law. The case will continue, and the many 2A groups fighting for your rights in court will continue to do so, but for now a glimmer, however faint, of hope has arrived for Oregonians.
Hopefully Benitez will put an end to California’s mag ban soon, which would put yet another nail into the coffin of 114 that OFF, GOA, FPC, and others are currently constructing. While relief from an arbitrary limit on magazine capacity would be a welcome thing, the real meat of this case is the permit to purchase, and we’re hoping to see more action on this front soon now that our foot, however barely, is in the door.