Oregon's Measure 114: Law Enforcement's Future In November

Oregon's Measure 114, also known as the Reduction of Gun Violence Act, was approved by voters on November 8, 2022, and was set to become law on December 8, 2022. However, the measure has been subject to legal challenges and court rulings that have delayed its implementation. The measure seeks to tighten gun laws in Oregon by requiring a permit to purchase a firearm and banning the sale and possession of high-capacity magazines that can hold more than 10 rounds of ammunition. While supporters argue that these regulations will save lives and reduce gun violence, opponents claim that the measure violates the Second Amendment and places an undue burden on law-abiding citizens' right to own a gun. The legal battle over Measure 114 continues, and it is unclear when or if the measure will become law.

Measure 114's gun permit program

Measure 114, which was approved in Oregon on November 8, 2022, is a gun control law that requires a permit to be issued by local law enforcement to buy a firearm. The measure also prohibits the sale, transfer or manufacture of magazines that can hold more than 10 rounds and requires background checks to be completed before a gun is sold or transferred.

The measure has been criticised by the National Rifle Association, which has called it the "nation's most extreme gun control initiative". The NRA argues that Measure 114 requires government permission to exercise constitutional rights, allows personal information to be added to a government registry, and bans ammunition magazines over 10 rounds.

Supporters of the measure, including the Oregon Progressive Party, the Oregon Nurses Association, the League of Women Voters of Oregon, and the Oregon Alliance for Gun Safety, argue that it will help address gaps in Oregon's background checks and boost a culture of safety.

The heads of the Oregon police chiefs and sheriffs associations have said their agencies are unprepared, underfunded, and understaffed to support a permitting program for prospective gun buyers as required under Measure 114.

High-capacity magazine ban

Oregon's Measure 114, also known as the Reduction of Gun Violence Act, was approved by voters on November 8, 2022, with 50.7% of the vote. The measure tightens the state's gun laws by requiring a permit to purchase a firearm and banning the sale, transfer, and importation of magazines that can hold more than 10 rounds of ammunition.

The high-capacity magazine ban in Measure 114 has been described as the most vulnerable part of the legislation and could face legal challenges. Constitutional law professor Norman Williams noted that the U.S. Supreme Court's ruling in New York State Rifle Association vs. Bruen sets a precedent that could make it difficult for states like Oregon to defend their ban on high-capacity magazines. The ruling states that gun regulations must not infringe on the right to bear arms as it was understood in 1791, and there were no bans on high-capacity magazines at that time.

Measure 114's high-capacity magazine ban prohibits residents from acquiring magazines that can hold more than 10 rounds. It also bans any magazine that can be "readily restored, changed, or converted" to hold more than 10 rounds. Existing high-capacity magazines are grandfathered in but can only be used on private property and certain shooting ranges.

The measure faced legal challenges soon after its passage, with a lawsuit arguing that it violates the Second Amendment to the U.S. Constitution. In July 2023, a federal judge upheld Measure 114, stating that banning large-capacity magazines and requiring a permit to purchase a gun is consistent with the nation's history and tradition of firearm regulation. However, in November 2023, an Oregon Circuit Court judge ruled that the measure was unconstitutional under the state constitution. The Oregon Court of Appeals later denied a motion to allow the law to take effect while the state appealed the injunction.

The impact of Measure 114 on gun sales

Measure 114, also known as the Oregon gun law measure, is a ballot initiative that was approved by voters in Oregon on November 8, 2022, with 50.7% of the vote. The measure introduced stricter regulations on gun ownership and purchasing, including a permit-to-purchase requirement, universal background checks, and an ammunition magazine capacity limit.

Additionally, Measure 114 limits the capacity of ammunition magazines to 10 rounds, with some exceptions for law enforcement and active-duty military personnel. This ban includes both fixed and detachable magazines and could result in the prohibition of certain types of firearms, such as pump-action and semi-automatic shotguns. The measure also increases the requirements for obtaining a concealed carry permit, including additional training and a demonstrated need for self-defense.

Measure 114 also introduces universal background checks, requiring background checks for all gun purchases, including private sales and transfers. This is expected to reduce gun violence and improve public safety. However, critics argue that it will not prevent mass shootings, as criminals will continue to obtain firearms illegally.

Overall, Measure 114 is likely to have a significant impact on gun sales in Oregon, with potential consequences for both gun retailers and purchasers. The measure aims to strengthen gun control and improve public safety, but it has also raised concerns about Second Amendment rights and the financial burden on law enforcement agencies. The full effect of Measure 114 will become clearer once the legal challenges to the measure are resolved and it is implemented.

The constitutionality of Measure 114

One of the main points of contention is the requirement for a permit to purchase a firearm. Measure 114 mandates that individuals must obtain a permit from local law enforcement before buying a gun. This permit requires a photo ID, fingerprints, safety training, a criminal background check, and a fee payment. Opponents of the measure argue that this requirement infringes upon the Second Amendment and makes it difficult for law-abiding citizens to exercise their constitutional right to bear arms. They also highlight the potential financial burden, especially on poorer communities, as there is no limit to the amount that can be charged for the required training courses.

Another contentious aspect of Measure 114 is the ban on high-capacity magazines, or ammunition magazines capable of holding more than 10 rounds. Proponents of the measure argue that such magazines are not commonly used for self-defense and that restricting their use will help reduce gun violence. However, opponents counter that this restriction violates the Second Amendment and is not an effective way to prevent mass shootings, as shooters can still carry multiple 10-round magazines and reload quickly.

The legal challenges against Measure 114 have resulted in a back-and-forth between different courts. Initially, a federal judge ruled that the measure was constitutional under the U.S. Constitution, but this decision was appealed. Meanwhile, a Harney County Circuit Judge blocked the measure from taking effect, arguing that it infringed upon the state's right to bear arms. This ruling was also appealed by the state, leading to further legal proceedings.

As of November 2023, a state judge ruled that Measure 114 violates the Oregon Constitution and struck it down. The state's Attorney General has vowed to appeal this decision, taking the case to the Oregon Supreme Court. The ongoing legal battles highlight the complexities and strong opinions surrounding gun control measures, with both sides presenting compelling arguments for their respective positions.

The process of obtaining a gun permit

Oregon's Measure 114, which was approved in the November 2022 election, outlines a strict procedure for obtaining a gun permit. Here is a step-by-step guide on how to obtain a gun permit under this new law:

• Apply for the Permit: The first step is to submit an application for the gun permit. The application must include the applicant's legal name, current address, telephone number, date and place of birth, physical description, fingerprints, photographs, and any additional information required by the law enforcement agency. The application fee can be up to $65.
• Background Check: All applicants are required to undergo a criminal background check as part of the permitting process. The background check will verify that the applicant is not prohibited from possessing firearms due to criminal convictions, mental health commitments, or other disqualifying factors.
• Safety Training: To obtain a gun permit, individuals must complete an approved firearms safety training course. This course can be taken at a community college, firearms training school, private or public organisation, or through law enforcement. The course must include instruction on firearm laws, safe storage, reporting of lost or stolen guns, and the impact of gun violence. Additionally, applicants must demonstrate their ability to lock, load, unload, fire, and store a firearm in front of a certified instructor.
• Photo ID and Fingerprints: Applicants are required to provide a photo identification and submit their fingerprints as part of the permitting process.
• Permit Approval: The permit application is then reviewed by the local law enforcement agency. If the applicant meets all the qualifications, the permit must be issued within 30 days. The permit is valid for five years and can be renewed for a fee of up to $50.
• Purchase a Firearm: Once the permit is approved, individuals can purchase a firearm from a licensed dealer, private seller, or at a gun show. The dealer or seller must verify that the buyer has a valid permit before completing the sale.

It is important to note that Measure 114 also includes restrictions on ammunition magazines. It prohibits the manufacture, importation, possession, use, purchase, sale, or transfer of magazines capable of holding more than 10 rounds. Violation of this law is considered a class A misdemeanour.

Frequently asked questions