Editor’s Note: This story has been updated to correct which hearing is scheduled for Tuesday.
PORTLAND, Ore. (KOIN) – Measure 114 will remain on hold for now, the Oregon Supreme Court ruled Wednesday.
According to an order obtained by KOIN 6 News, the state’s supreme court rejected a request from Oregon Attorney General Ellen Rosenblum to review a temporary restraining order by a county judge, which prevents enforcement of Oregon gun reform Measure 114.
A hearing on the Harney County judge’s order is set for Tuesday.
The state filed a mandamus petition for the state’s highest court to review the ruling after Harney County Judge Robert Raschio blocked the measure from taking effect following voter approval in November. The measure was set to take effect Thursday.
The mandamus petition comes as US District Court Judge Karin Immergut on Tuesday denied the Oregon Firearms Federation and other plaintiffs’ request to temporarily prevent the large capacity magazine restrictions as part of the measure.
According to Oregon Attorney General Ellen Rosenblum, if not for the Harney County ruling, Measure 114 would have not only implemented the magazine restrictions, but it would also include a “fix” for the Charleston Loophole “a federal loophole that allows gun transfers to proceed if background checks cannot be completed quickly,” according to Rosenblum.
In a statement, the state attorney general said “we strongly disagree with the decision of the Harney County Circuit Court. Our mandamus petition to the Oregon Supreme Court gives our highest state court the opportunity to weigh in now and reverse the Harney County judge’s ruling. Magazine capacity restrictions and permitting requirements have a proven track record: they save lives! We are confident the Oregon Constitution—like the Second Amendment of the U.S. Constitution —allows these reasonable regulations.”
This was one of five legal challenges against the measure, which voters approved by a slim margin in the November election.
Measure 114 features several provisions including permit and background check requirements to purchase guns. The measure also bans the sale of magazines that hold 10 or more rounds with an exception for military and law enforcement members.
Additionally, the Oregon State Police announced Wednesday it will keep working on the backlog of background check requests already in the system. People will also see new “Permit-to-Purchase” application information on OSP’s website starting Thursday, but no one will be required to fill that application out until the law actually takes effect.