PORTLAND, Ore. (AP) — A federal judge in Portland, Oregon, ruled Tuesday that a new voter-passed ban on high-capacity gun magazines can go into effect Thursday, but placed a 30-day hold on a permit-to-purchase requirement after local and state law enforcement agencies said they could not have a permitting system ready in time.
U.S. District Judge Karin Immergut, however, did not prevent the permit-to-purchase mandate from taking effect once the permitting system was worked out, according to the ruling. Oregon Attorney General Ellen Rosenblum had filed papers with the court late Friday seeking a delay in the implementation of the permitting mandate after law enforcement agencies submitted sworn statements saying they could not be ready in time.
“In light of the difficulty the State has conceded in terms of implementation of the permitting provisions at this stage, implementation of those permitting provisions is stayed for thirty days,” Immergut wrote.
Measure 114, which narrowly passed in the midterms, requires a permit, criminal background check, fingerprinting and hands-on training course for new firearms buyers and bans high-capacity gun magazines. Multiple gun rights groups, local sheriffs and gun store owners have sued, saying it violates Americans’ constitutional right to bear arms.
The law’s fate is being carefully watched by both gun rights advocates and those who want stricter limits on gun ownership because it is one of the first to take effect after a U.S. Supreme Court ruling in June that struck down a New York law that placed limits on carrying guns outside the home.
The June ruling signaled a shift in the way the nation’s high court will evaluate Second Amendment infringement claims, with the Supreme Court’s conservative majority finding judges should no longer consider whether the law serves public interests like enhancing public safety.
Gun rights group challenges Colorado’s ban
Colorado law prohibits magazines that carry more than 15 rounds. A lawsuit filed in federal court at the end of July by the legal arm of Rocky Mountain Gun Owners claims magazines that large are “standard” and the ban infringes on constitutional rights.
The law was passed in the Centennial State in 2013 and upheld after a previous challenge from the same group.