The Oregon Supreme Court has again refused to overturn a lower court ruling blocking a voter-approved gun measure from going into effect.
In a ruling on Thursday, the high court concluded that it would be inappropriate to get involved while the matter is still before a trial court, Oregon Public Broadcasting reported. The measure remains blocked pending a hearing on its constitutionality.
Voters in November narrowly approved the measure, which requires a permit to purchase a gun and a background check before a gun can be sold or transferred. It also restricts the sale, manufacture, and use of magazines with more than 10 rounds of ammunition.
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There have been legal challenges in federal and state courts.
Firearms are displayed in a gun store in Salem, Oregon, on February 19, 2021. In a February 9, 2023 ruling, the state Supreme Court refused to vacate a ruling blocking the enforcement of of a measure on arms. (AP Photo/Andrew Selsky, File)
Four federal cases have been consolidated. The judge in that matter ruled that the law could take effect while he hears more arguments, but allowed the state to postpone implementation of the permit requirement until the systems necessary to administer it are in place. Additional testimonials are expected later this month.
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The state Supreme Court case arose out of litigation in Harney County. Because the lawsuit challenged the measure under the Oregon Constitution, it had precedence in the state, legal experts said.
In December, Circuit Court Judge Robert Raschio temporarily blocked the measure from going into effect. The Oregon Department of Justice petitioned the state Supreme Court to overturn that order, but the judges refused to consider the appeal. Raschio then extended the order to him.
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The state Supreme Court said its decision on Thursday does not preclude a future challenge.
Oregon Attorney General Ellen Rosenblum said her office intends to “continue to zealously defend the law in Harney County court. My office takes the position that the law passed by Oregonians last November is entirely proper and legal under the US and Oregon Constitutions.”
