Circuit Judge Issues Preliminary Injunction Against Oregon ‘High Capacity’ Magazine Ban

Circuit Court Judge Richard S. Raschio issued a preliminary injunction Thursday, blocking implementation of the “high capacity” magazine ban contained in Oregon’s Ballot Measure 114 (BM 114).

Breitbart News reported that Raschio initially issued a temporary restraining order (TRO) against BM 114 on December 6, 2022, and made clear that the burden was on the state to show why a preliminary injunction ought not be put in place.

The lawsuit against BM 114 was brought by by Gun Owners of America (GOA), the Gun Owners Foundation, Gliff Asmussen, and Joseph Arnold.

Two of the gun controls contained in BM 114 are: 1. A permitting system, requiring Oregon residents to pay $65 for a permit before being allowed to buy a firearms. 2. A “high capacity” magazine ban.

On December 14, 2022, Breitbart News spoke with GOA and they noted that the TRO regarding the background check for the permit to purchase was still in place and a decision on the “high capacity” magazine ban was expected on December 15.

On December 15, Raschio issued the preliminary injunction against the magazine ban and kept the TRO in place for the permit to purchase.

He made clear the preliminary injunction will remain in place until “a full trial” regarding the magazine ban can be held.

As for the permit to purchase system, Judge Raschio said the TRO against it will remain while the state tries to make the system workable. Once the state says the system is workable a new hearing will be held to determine if the permitting system is constitutional.

The case is Arnold v. Brown, No. 22CV41008, in the Circuit Court for the State of Oregon for the County of Harney.

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 Turning Point USA Ambassador. AWR Hawkins holds a PhD 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. 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.