Now what? Implementation of Oregon Measure 114’s Gun Restrictions
The supporters of Oregon’s Measure 114, a new gun control initiative, are celebrating a significant milestone this week as the measure narrowly passed with 51% of the vote. However, the path to implementation is far from clear. With ongoing legal challenges and a complex rule-making process ahead, the measure’s gun limits may not take effect until well into next year—if at all.
The Road Ahead: Rule-Making and Legal Challenges
Measure 114, which introduces stricter regulations on gun purchases and bans high-capacity magazines, marks Oregon’s first major effort to implement comprehensive gun control. State police, lawmakers, and supporters are now tasked with drafting the regulations required to issue permits for purchasing firearms. This process includes determining the logistical and financial implications of enforcing the new rules, which has already begun to raise concerns about potential delays and costs.
As the state prepares for these regulatory hurdles, opposition to the measure is growing. At least one Oregon sheriff has publicly declared a refusal to enforce the ban on large-capacity magazines. Meanwhile, gun rights advocates are mobilizing to challenge Measure 114 in court, arguing that it infringes upon Second Amendment rights. Organizations such as the Oregon Firearms Federation and the Second Amendment Foundation are preparing legal actions, including requests for temporary restraining orders and preliminary injunctions, to prevent the law from taking effect until its constitutionality can be thoroughly examined.
“The first draft of our complaint has been written. We’re still adding plaintiffs to the suit, and we’ll be ready to pounce,” said Alan M. Gottlieb, founder of the Second Amendment Foundation.
A Divided State: Rural vs. Urban Perspectives
The passage of Measure 114 reflects a deep divide in Oregon’s political landscape. The measure found strong support in urban counties considered Democratic strongholds, such as Multnomah, Washington, Lane, and Benton counties. In contrast, it faced significant opposition in 29 largely rural and conservative counties, highlighting the state’s ideological split over gun control.
This division was expected, as the measure is part of a broader, national effort to curb gun violence following tragic events like the 2018 Parkland school shooting, which galvanized the grassroots campaign led by Lift Every Voice Oregon. Despite the measure’s passage, the opposition in rural areas indicates a cultural and political resistance that could complicate its implementation.
Legal Landscape and Broader Implications
The legal future of Measure 114 is uncertain, particularly in light of recent judicial developments at the national level. Legal experts note that the U.S. Supreme Court’s recent decisions, including a ruling that overturned a New York gun safety law, suggest a more challenging environment for gun control measures. Adam Winkler, a constitutional law professor at UCLA, emphasized the unpredictability of the Supreme Court’s stance on such legislation. “There’s no doubt the U.S. Supreme Court has declared war on gun safety legislation,” Winkler said. “We don’t know which exact laws will be upheld.”
Measure 114’s fate may also be influenced by ongoing court cases in other states. Challenges to similar bans on large-capacity magazines in California and Washington could set important precedents. If those bans are upheld or struck down, the rulings could offer legal guidance for Oregon as it seeks to enforce Measure 114.
Prospects for Implementation: A Waiting Game
While Measure 114 is a victory for gun control advocates, its implementation remains in question. The measure’s requirement for completed background checks before gun sales may stand up to legal scrutiny, but the ban on magazines holding more than 10 rounds faces more significant challenges. The intricate rule-making process and the need for a thorough legal review suggest that Oregonians may have to wait some time before seeing any changes take effect.
“It’s going to be awhile before this law goes into effect, if it ever does,” said Winkler, underscoring the uncertain path forward for Measure 114.
For now, Oregon finds itself in a period of legal and regulatory limbo, with both supporters and opponents preparing for what promises to be a lengthy and contentious battle over the future of gun control in the state.