FPC Responds to Stay of Oregon “Permit to Purchase,” Allowing Mag Ban
PORTLAND, OR – Today, Firearms Policy Coalition (FPC) announced that United States District Judge Karin Immergut adopted FPC’s position regarding the implementation challenges of Oregon Measure 114’s “permit-to-purchase” law and the state’s associated admission that the system would not be ready in time – and stayed its enforcement for 30 days. However, the Court denied the motion for a temporary restraining order regarding the ban on magazines that can hold more than 10 rounds. The order in Fitz v. Rosenblum, along with filings in Azzopardi v. Rosenblum, can be viewed at FPCLegal.org.
“Nevertheless, Plaintiffs are entitled to a prompt hearing to determine whether a preliminary injunction should issue based on a more complete evidentiary record addressing whether there is a likelihood of success on the merits under the Second and Fourteenth Amendments,” wrote Judge Immergut in her order. “The parties are ordered to confer and propose a briefing schedule to this Court by December 7, 2022.”
“FPC is cautiously optimistic that the most immediately glaring problem with Oregon Measure 114 – namely that requiring a ‘permit-to-purchase’ to acquire firearms, when no such permit application process even exists – has been acknowledged by the Court,” said FPC Director of Legal Operations Bill Sack. “Nevertheless, in denying our request for a TRO regarding Measure 114’s magazine capacity restriction, the Court’s analysis leaves a lot to be desired.”
FPC is joined in this lawsuit by the Second Amendment Foundation.