FBI States It Can’t Conduct Gun Permit Background Checks for Measure 114 Due to Legal Restrictions: The Underlying Issue
The future of Oregon’s controversial gun control law, known as Measure 114, remains uncertain as a Harney County judge deliberates on its constitutionality under the state constitution. Passed by a narrow margin in 2022, Measure 114 is currently on hold pending legal review. However, the law faces an unexpected obstacle from the Federal Bureau of Investigation (FBI), even if the judge rules it constitutional.
The crux of the issue lies in a specific requirement within Measure 114 that mandates the FBI to conduct background checks as part of a “permit to purchase” process for prospective gun owners. Yet, the FBI has indicated that due to federal regulations, it is unable to comply with this request as currently written.
Kieran Ramsey, the FBI’s Special Agent in Charge for Oregon, explained the situation in a recent interview with The Story’s Pat Dooris. Ramsey clarified that while the FBI is willing to assist, a specific term within Measure 114 poses a legal hurdle that prevents them from sharing criminal background information.
The Problematic Language in Measure 114
Measure 114 specifies that state and local law enforcement agencies, or their “designees,” can receive criminal background information from the FBI. According to Ramsey, the inclusion of the term “designee” complicates matters because it introduces ambiguity about who could potentially be authorized to receive sensitive information. Under current federal law, specifically Public Law 92-544, the FBI is only authorized to share criminal background information with government agencies, which typically means law enforcement or other official state and local entities.
“The word ‘designee’ is problematic,” said Ramsey. “We cannot determine who qualifies as a designee. It could potentially refer to a private individual or entity, which would violate our mandate under federal law. We are only allowed to share our criminal investigative background information with state and local government agencies, generally law enforcement.”
Clarifying the Legal Constraints
The constraints on the FBI’s ability to perform these checks are rooted in Public Law 92-544, which permits the FBI to conduct national criminal background checks but limits the sharing of this information to government officials and entities. This law was designed to facilitate criminal background checks for non-criminal licensing or employment purposes, but explicitly requires that any state statute permitting such checks be the result of a legislative enactment or its functional equivalent.
As it stands, Measure 114, being a voter-approved initiative, may not fully align with the legislative requirements specified by federal law. This discrepancy raises questions about whether the FBI can legally perform background checks under the terms set out by Measure 114.
Potential Solutions and Legislative Adjustments
While the FBI remains committed to supporting Oregon’s efforts, Ramsey suggested that the law might require amendments to comply with federal guidelines fully. “There needs to be a clear understanding of where Measure 114 diverges from federal law,” Ramsey said. “The goal should be to align state requirements with federal mandates so that there is no misinterpretation or perception of a lack of cooperation from the federal government.”
Oregon lawmakers may need to revise the language of Measure 114 to remove the term “designee” or clarify its meaning to ensure it falls within the scope of what federal law allows. Such adjustments could make it possible for the FBI to conduct the required background checks without legal complications.
A History of Adjustments to Voter-Passed Measures
This situation is not without precedent. The Oregon Legislature has a history of making necessary tweaks to voter-passed measures to address legal issues or implementation challenges without fundamentally changing the measures’ intent. A similar process occurred with Measure 110 earlier this year, which also required legislative refinement post-approval.
Looking Ahead: Ongoing Legal Battles and Possible Outcomes
The legal journey for Measure 114 is far from over. In July, a federal court upheld the measure, but those opposing the law have vowed to appeal to the Ninth Circuit Court of Appeals. Additionally, regardless of the upcoming decision by the Harney County judge, the case is expected to proceed to the Oregon Supreme Court. The ambiguity surrounding the FBI’s involvement only adds another layer of complexity to an already contentious legal battle.
In conclusion, the future of Measure 114 will depend not only on judicial interpretations but also on potential legislative actions that could align state and federal requirements. The measure’s fate hangs in the balance as stakeholders continue to navigate this intricate legal landscape.