Oregon Ballot Measure 114: A Comprehensive Overview
Oregon Ballot Measure 114, also known as the Reduction of Gun Violence Act, is a gun control initiative that was narrowly approved by Oregon voters on November 8, 2022. The measure introduces strict new regulations on firearm purchases and magazine capacities in the state. Although the measure was initially passed by the voters, its implementation is currently on hold pending an appeal to the Oregon State Court of Appeals due to ongoing legal challenges regarding its constitutionality.
Key Provisions of Measure 114
Measure 114 fundamentally alters gun laws in Oregon in two primary ways:
- Permit Requirement for Firearm Purchases:
- The measure mandates that individuals must obtain a permit to purchase or acquire any firearm. This permit is valid for five years and is issued on a per-person basis, not per firearm.
- Permit Application Process:
- Applicants must obtain the permit from either their local county sheriff or police department, depending on where they reside.
- The cost of the permit is capped at $150, as adjusted by Senate Bill 348 (SB348).
- Applicants are required to complete a gun safety education class, submit their fingerprints, and pass a comprehensive FBI background check. However, the FBI has clarified that it cannot perform these specific background checks under the current wording of the measure.
- Law enforcement agencies have the discretion to deny permits if they believe the applicant poses a danger to themselves or others. Applicants who are denied can appeal the decision in court.
- This permit-to-purchase system mirrors similar laws in 14 other states and Washington, D.C., aiming to ensure that firearm buyers undergo thorough vetting.
- Ban on High-Capacity Magazines:
- Measure 114 also bans the sale, transfer, and importation of magazines that can hold more than ten rounds of ammunition. This ban includes magazines “that can be readily restored, changed, or converted to accept more than 10 rounds of ammunition.”
- Grandfather Clause:
- Magazines that hold more than ten rounds and were acquired before the measure’s passage are grandfathered in. However, their use is restricted to private property. They cannot be used for concealed or open carry in public spaces.
- Currently, nine other states and Washington, D.C., have similar restrictions on high-capacity magazines.
Implementation and Enforcement Challenges
Since its passage, Measure 114 has faced significant resistance, particularly from rural counties and gun rights advocates:
- Resistance from Local Law Enforcement:
- Sheriffs in several Oregon counties, including Klamath, Linn, Sherman, and Union, have openly stated they would not enforce some or all of the new regulations introduced by Measure 114. This stance is largely due to concerns over the constitutionality of the measure and perceived overreach on gun rights.
- Legal Challenges and Court Rulings:
- Immediately following its passage, several gun rights organizations began preparing to challenge the measure’s constitutionality in court. These challenges focus on the argument that the measure violates both state and federal constitutional protections regarding the right to bear arms.
- On December 6, 2022, Harney County Circuit Judge Robert S. Raschio issued a temporary restraining order against all provisions of Measure 114. This order blocked the measure from going into effect and was upheld by the Oregon Supreme Court when they denied the attorney general’s petition to overturn it.
- Contrarily, just hours before Judge Raschio’s ruling, Federal Judge Karin Immergut upheld most provisions of the measure under the U.S. Constitution, stating that the bans and permit requirements were consistent with “the nation’s history and tradition of regulating uniquely dangerous features of weapons and firearms to protect public safety.”
- On July 14, 2023, Judge Immergut reaffirmed this position, maintaining that the measure aligns with historical firearm regulations.
- However, on November 21, 2023, Judge Raschio granted a permanent injunction on the measure, finding it facially unconstitutional under the Oregon State Constitution. This injunction effectively blocks the law from being enforced unless overturned by a higher state court.
- On April 12, 2024, the Oregon Court of Appeals denied a motion to allow Measure 114 to go into effect while the state appeals the permanent injunction. This decision means that the measure remains on hold, pending further judicial review.
Impact and Reactions to Measure 114
The passage of Measure 114 has had a significant impact on gun sales and sparked intense debate across the state:
- Surge in Gun Sales:
- Following the approval of Measure 114, Oregon experienced a dramatic increase in gun sales. According to the Oregon State Police, the average number of background checks per day surged from 849 to 4,092 after the measure’s passage. This surge indicates a rush by residents to purchase firearms and magazines before the new restrictions could potentially take effect.
- Public and Political Reactions:
- The measure has been both lauded and criticized, reflecting the deep divide in public opinion over gun control. Advocates argue that it is a necessary step to reduce gun violence and enhance public safety. In contrast, opponents view it as an infringement on constitutional rights and a burden on lawful gun owners.
- The mixed reactions from local law enforcement and the public underscore the contentious nature of Measure 114 and its uncertain future amid ongoing legal battles.
Future of Measure 114
The legal future of Oregon’s Measure 114 is currently uncertain. With the measure facing significant judicial scrutiny and resistance from local law enforcement, its implementation timeline remains unclear. The ongoing appeals and court rulings will ultimately determine whether Measure 114 becomes a permanent fixture in Oregon’s legal landscape or is struck down as unconstitutional. As legal proceedings continue, the measure serves as a focal point in the broader national debate over gun control and Second Amendment rights.