Oregon Measure 114’s Requirements for Gun Buyers and Gun Owners

Oregon’s Ballot Measure 114, passed narrowly in the November election, is set to become one of the strictest gun control laws in the United States, assuming it overcomes ongoing legal challenges. This measure introduces several new requirements for both prospective gun buyers and existing gun owners in the state. Here’s a breakdown of the key components of Measure 114:

Requirements for Gun Buyers

1. Permit to Purchase:
   • Anyone wishing to buy a gun in Oregon must first obtain a permit to purchase. This requirement is a significant shift from previous laws, adding an additional layer of regulation to gun ownership.
   • Anticipated Fee: The permit application process involves an estimated fee of $65.
2. Firearms Safety Course:
   • Applicants must complete a state-approved firearms safety course. This training, which is taken at the applicant’s expense, must cover several critical areas, including:
     • Laws related to the ownership, purchase, transfer, and use of firearms.
     • Safe storage practices.
     • The process for reporting lost or stolen guns.
     • The impact of gun violence, including homicides and suicides, on families and communities.
   • The course must include a practical component where the applicant demonstrates, before a certified firearms instructor, their ability to lock, load, unload, fire, and safely store a gun. Notably, the measure does not require live-fire training; simulated or dry-fire training with an unloaded firearm, mock gun, or laser gun is acceptable.
3. Background Check and Identification:
   • Applicants must submit a photo ID and be fingerprinted as part of the application process.
   • The background check required for the permit is more stringent than the current checks conducted by state police. It includes assessing whether the applicant poses a danger to themselves or others, based on mental or psychological conditions or a history of violent behavior.
4. Permit Validity:
   • Once issued, a permit to purchase a gun is valid for five years.
5. Restrictions on Magazines:
   • Measure 114 bans the sale, transfer, and manufacture of magazines that hold more than 10 rounds of ammunition. This restriction applies to all gun buyers, with specific exemptions for law enforcement and military personnel.

Requirements for Gun Owners

1. Large-Capacity Magazines:
   • Prohibition and Exceptions: The measure bans the possession of ammunition magazines capable of holding more than 10 rounds, except for law enforcement, military personnel, or those who owned such magazines before the measure was enacted.
   • Conditions for Existing Owners: Individuals who already own large-capacity magazines may only possess them under specific conditions:
     • At home or on private property.
     • At authorized shooting ranges or competitions.
     • For hunting and other recreational activities as permitted by state law.
   • Licensed Dealers and High-Capacity Magazines: Gun dealers who possess high-capacity magazines have a 180-day window from the effective date of the measure to sell these magazines to out-of-state dealers or destroy them. After this period, only magazines marked for military or law enforcement use can be sold or transferred.

Implementation and Enforcement

• Permitting Process: Applications for permits to purchase a gun will be processed by local county sheriff’s offices, which currently handle concealed handgun licenses. The Oregon State Police will be responsible for conducting the background checks associated with these permits.
• Training Oversight: Oregon State Police retain the authority to establish specific rules regarding firearms training, with legislative oversight ensuring these rules align with Measure 114’s objectives.

Legal Challenges and Uncertainty

While Measure 114 reflects a strong push for stricter gun control, its future remains uncertain due to ongoing legal challenges. Opponents argue that the measure violates the Second Amendment rights of gun owners. Several court cases challenging similar measures in states like Washington and California are currently pending, and their outcomes could influence the enforcement of Measure 114 in Oregon.

Legal experts like Adam Winkler, a constitutional law professor at UCLA, have noted that the U.S. Supreme Court’s recent decisions have created a complicated landscape for gun control legislation, emphasizing the need for consistency with historical precedents of firearm regulation. As these legal battles unfold, the implementation of Measure 114 could be delayed or altered significantly.

In summary, Oregon’s Measure 114 introduces comprehensive requirements for both new and existing gun owners, focusing on public safety and stricter regulation of firearm purchases and magazine capacities. However, its path forward is fraught with legal and procedural challenges that will likely take considerable time to resolve.