A circuit judge issued a preliminary injunction on Thursday, temporarily blocking Oregon’s high-capacity gun magazine ban until a full trial on the new measure can be held.
Circuit Court Judge Richard S. Raschio first issued a temporary restraining order on December 6, ruling that the burden was on the state for why a preliminary injunction should not be issued.
The state did not meet that burden, he said, leading to the injunction on Thursday.
The new rule banning high-capacity magazines that hold more than 10 rounds came about as a ballot measure in the state, which passed in November. However, it could still be ruled unconstitutional and nullified.
Trying to stop mass shootings
Gun Owners of America (GOA), the Gun Owners Foundation, Gliff Asmussen, and Joseph Arnold sued the state over the ban and another part of the ballot measure that requires a permit with a $65 fee to be paid before someone can purchase a firearm.
Raschio also issued a temporary restraining order against the permitting process, which will remain in place until the state can show that the permit system is workable, at which time a hearing will be held about whether to issue a preliminary injunction against it as well.
A third part of the ballot measure that would stop gun sales from going through until background checks are completed was also blocked with a TSO. Under current law, sales can go forward after three days if background checks are delayed.
The measure was intended to prevent mass shootings, but Second Amendment supporters said the restrictions on that amendment were unconstitutional.
Besides, there is little evidence that these bans actually stop mass shootings, based on data gathered during the assault weapons ban in the 1990s, which included banning high capacity magazines.
Left doesn’t care about data
That doesn’t matter to the anti-gun left, who naively believe that fewer rounds means fewer shootings and that mass shooters will follow gun laws when they decide to take matters into their own hands.
In search of these illusory benefits, they justify taking law-abiding people’s Second Amendment rights away.
The public in blue states is easily fooled into voting for these restrictions because most won’t do any research to find out that the bans don’t work.
President Joe Biden has repeatedly said he wants a national ban on so-called assault weapons and high-capacity magazines, and will do whatever he can to get one.
He has already passed one new gun control law that expands background checks for younger gun purchasers and incentivizes states to pass red flag laws that can take guns away from those deemed mentally unfit.