PORTLAND, Ore. ( KOIN ) – Oregon Attorney General Ellen Rosenblum is hoping to get a judge to reinstate Measure 114 while legal challenges against the voter-approved measure persist.
The Oregon Department of Justice filed a motion for a stay on Friday — pending the state’s appeal — to allow the gun restriction measure to take effect after a Harney County judge ruled the measure was unconstitutional in November.
Measure 114 requires people to undergo a background check and gun safety courses for a gun permit and bans magazines carrying over 10 rounds.
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Plaintiffs in the Harney County suit include Joseph Arnold, Cliff Asmussen, Gun Owners of America, Inc., and the Gun Owners Foundation – who argue the law violates the right to bear arms under the state constitution.
In the motion, Rosenblum says the state is likely to prevail — arguing Measure 114’s gun restrictions are reasonable and promote public safety.
The state says the stay should be granted because Measure 114’s restriction of large capacity magazines is constitutional – arguing magazines are not considered arms, which are constitutionally protected.