Oregon Appeals Court Leaves Hold in Place Against State’s ‘High Capacity’ Mag Ban and Permit Requirement

Oregon Court of Appeals refused Friday to override a hold in place on certain state-level gun controls by Harney County Circuit Judge Robert Raschio.

On December 9, 2022, the Statesman Journal reported Judge Raschio issued a hold against Ballot Measure 114 (BM 114), preventing the implementation of a permit-to-purchase rule and a “high capacity” magazine ban.

The lawsuit against BM 114 was filed by Gun Owners of America and the Gun Owners Foundation.

Oregon Attorney General Ellen Rosenblum appealed Raschio’s decision and Friday, the Oregon Court of Appeals decided not to lift Raschio’s hold.

KGW8 noted the appeals court “pointed out that [BM 114] is not currently enacted and has never been since it was passed in 2022, and that these stays typically are granted to support the status quo, not do the opposite.”

Moreover, the appeals court explained that part of its decision making process included ascertaining the state of Oregon’s likelihood of winning in support of BM 114 as the case winds its way through the system.  The appeals court could not predict a state victory, indicating that both sides were presenting “good arguments” and a final decision in the case could go either way.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio, and a pro-staffer for Pulsar Night Vision. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and holds a Ph.D. in Military History, with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Beef is his favorite vegetable. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.