Federal Court has Denied the Temporary Restraining Order Requested by the Plaintiffs in the 114 Litigation
Early this morning, U.S. District Judge Karin J. Immergut published her Opinion and Order regarding the temporary restraining order that was filed over the implementation of Measure 114. I am very disappointed in her decision to deny the petition and ultimately her order will have the magazine ban portion take effect on 12/8. Her Opinion and Order also has the permitting requirements portion of the measure delayed for implementation by 30 days.
You can read U.S. District Judge Karin J. Immergut's Opinion and Order in the link below.
https://www.documentcloud.org/documents/23376811-trodenied
Prior to her decision, I sent the letter below yesterday afternoon to our County Sheriffs and Oregon Chiefs of Police thanking them for their separate submissions pushing back against the permit requirements within 114. The blatant misinformation at the hearing from the Oregon Attorney General's Office during their testimony was appalling. Their testimony was either complete ignorance or purposely deceitful.
Now having U.S. District Judge Karin J. Immergut's disappointing Opinion & Order, I am again grateful to the County Sheriffs and Oregon Chiefs of Police for their submitted testimony. The permitting delay would not have occurred without it. Please see the text of that letter below:
12/5/2022
OSSA Executive Director Sheriff Myers & OACP Executive Director Campbell,
I wanted to reach out on behalf of the overwhelming majority of my constituents and thank you for submitting your separate statements on U.S. Court Case on Measure 114 in support of the motion for a temporary restraining order against the new regulations filed by the Oregon State Shooting Association and the National Shooting Sports Foundation. It is because of your efforts, that only two days after the hearing before U.S. District Judge Karin J. Immergut on Friday, where the Oregon Attorney General Office argued that Oregonians will be able to apply for a permit to buy a gun by the end of this week, Oregon’s Attorney General acknowledged that the state is not ready to have a permitting process in place for Measure 114 implementation.
As reported in the Oregonian, “In a three-page letter to the court filed at 9:14 p.m. Sunday, Senior Assistant Attorney General Brian Simmonds Marshall conceded that local law enforcement agencies have made it clear that ‘necessary pieces of the permit to purchase system will not be in place’ by this coming Thursday, the date the measure is set to take effect.” It was also reported, “Oregonians should be allowed to continue to buy guns without a permit during a ‘limited window,’ until the state has a full permitting process in place, the attorney general’s letter recommends. Meanwhile, the state will continue to work to get a process up and running, Marshall wrote.” Sunday’s letter from the Oregon AG conceding that the process for permits under Measure 114 will not be ready, and that a stay until February is recommended, is again because of your efforts.
The overwhelming majority of my constituents voted against Measure 114. In fact, the majority of only 6 of the 36 counties in Oregon voted in favor of the measure. The majority of my constituents and I feel this measure is not only unconstitutional, but portions of the unconstitutionality of the measure have already been adjudicated by the Supreme Court of the United States. Oregon Attorney General Rosenblum should be advocating for the decisions already made by SCOTUS, rather than playing politics with the constitutional rights of Oregonians.
Thank you for your dedicated service to the health, life, and safety of Oregonians. I am again grateful for your service and advocacy on behalf of my constituents and the majority of Oregonians within 30 of our 36 counties.
Respectfully,
David Brock Smith
Oregon House of Representatives District 01
Curry, Coos, Douglas & Josephine Counties
Email: Rep.DavidBrockSmith@OregonLegislature.gov
Website: http://www.OregonLegislature.gov/SmithD
Click Here to read the full letter online.
Together, We Will Build a Better Oregon
 House District 1
Curry, Coos, Douglas and Josephine Counties
Capitol Address: 900 Court St. NE, H-379, Salem, Oregon 97301
Email: Rep.DavidBrockSmith@oregonlegislature.gov
Website: http://www.oregonlegislature.gov/smithd
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