Oregon Ballot Measure 114

Last updated

Ballot Measure 114
Flag of Oregon.svg
Changes to Firearm Ownership and Purchase Requirements Initiative
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes969,21550.71%
Light brown x.svgNo942,16149.29%
2022 Oregon Measure 114 results map by county.svg
Results by county
Yes:      50–60%     60–70%     70–80%
No:      50–60%     60–70%     70–80%     80–90%

Oregon Ballot Measure 114, the Reduction of Gun Violence Act, [1] is an Oregon state initiative that was narrowly approved by voters on November 8, 2022. [2] It changes gun laws in Oregon to require a permit to purchase or acquire a firearm, and to ban the sale, transfer, and importation of magazines that "are capable of holding" more than ten rounds of ammunition. [3] The law is currently on hold pending an appeal to the Oregon State Court of Appeals regarding the legality of the measure. [4]

Contents

Description

The permit (of a maximum amount of $150 as amended by SB348 [5] ) must be purchased from either the county sheriff or police where the buyer resides. Permits are issued per person, not per gun, and are valid for five years. Law enforcement will have the ability to deny a permit to those they believe to be a danger to themselves or others, while those denied a permit are able to appeal in court. [6]

The permit to purchase law is similar to the permit requirements in 14 other states and Washington D.C. To obtain a permit to purchase a firearm, the applicant would be required to take a gun safety education class, submit their fingerprints, and pass a completed FBI background check, which the FBI later clarified they could not perform. [7]

The high-capacity magazine ban would prohibit residents from acquiring magazines that can hold more than ten rounds, as well as implementing a ban on any magazine "that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition". [6] Existing magazines that can hold more than ten rounds would be grandfathered in, but could only be used on private property, i.e. not for concealed or open carry in public. Nine other states plus D.C. ban or restrict high-capacity magazines. [8]

Implementation, enforcement, and effects

Sheriffs in Klamath County, Linn County, Sherman County, and Union County indicated they would not enforce some or all of the new laws, [9] [10] and gun rights organizations prepared to challenge the constitutionality of the laws in court. [11]

The passage of Measure 114 saw a surge in gun sales. The Oregon State Police reported that prior the vote on 114, their Firearms Instant Check System (FICS) averaged 849 background checks a day in 2022. After 114's approval, the average number of background checks per day increased to 4,092. [12]

On December 6, 2022, Harney County Circuit Judge Robert S. Raschio issued a temporary restraining order against all provisions of the law (which the Oregon Supreme Court denied the attorney general's petition to overturn [13] ), a decision that came just hours after that of Federal Judge Karin Immergut allowing it to take effect, save for the permit requirement which was delayed for 30 days at the request of the state. [14]

On July 14, 2023, a federal judge upheld Measure 114 under the United States Constitution saying that "banning large capacity magazines and requiring a permit to purchase a gun falls in line with “the nation’s history and tradition of regulating uniquely dangerous features of weapons and firearms to protect public safety." [15] However, on November 21, 2023, Judge Robert Raschio of the Oregon Circuit Court granted a permanent injunction based on a finding that the law was facially unconstitutional under Oregon's state constitution. [16] On April 12, 2024, the Oregon Court of Appeals denied a motion seeking to allow the law to go into effect while the state appealed the earlier injunction. [4]

Polling

The following polls measured support or opposition among likely voters before the November elections.

Poll sourceDate(s)

administered

Sample

size [lower-alpha 1]

Margin

of error

For Measure 114Against Measure 114Undecided

Nelson Research

October 31-November 1, 2022577 (LV)± 4%46%49%5%

DHM Research

September 23-24, 2022600 (LV)± 4%51%39%10%
  1. ↑ Key:
    A – all adults
    RV – registered voters
    LV – likely voters
    V – unclear

See also

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References

  1. ↑ https://sos.oregon.gov/admin/Documents/irr/2022/017text.pdf
  2. ↑ Hughes, Lillian Mongeau (November 11, 2022). "Oregon gun access measure narrowly passes, bringing joy and sadness". OPB . Retrieved November 13, 2022.
  3. ↑ "What Are Oregon Measure 114's Requirements of Gun Buyers, Gun Owners?". Oregon Live. December 8, 2022. Retrieved December 17, 2022.
  4. 1 2 Bernstein, Maxine (April 12, 2024). "Measure 114: Oregon Appeals Court keeps gun control law on hold". The Oregonian. Retrieved April 19, 2024.
  5. ↑ https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/SB348
  6. 1 2 "Online Voters' Guide | 2022 General Election". Oregon Secretary of State. Archived from the original on October 26, 2022. Retrieved October 24, 2022.
  7. ↑ "The FBI says it can't conduct gun permit background checks for Measure 114, even if the law survives legal challenges. Here's why". 10 October 2023.
  8. ↑ Bernstein, Maxine (October 15, 2022). "Oregon gun control Measure 114 attracts national attention as one of strictest in U.S." The Oregonian/OregonLive . Retrieved October 24, 2022.
  9. ↑ Manfield, Lucas (November 12, 2022). "Three Oregon Sheriffs Say They Will Not Enforce Measure 114". Willamette Week . Retrieved November 13, 2022.
  10. ↑ Lehman, Chris M. (November 10, 2022). "Linn County sheriff says part of Oregon gun measure won't be enforced". KLCC . Retrieved November 14, 2022.
  11. ↑ Bernstein, Maxine (November 12, 2022). "When will Oregon Measure 114′s gun limits start: Uncertainty reigns". The Oregonian/OregonLive . Retrieved November 13, 2022.
  12. ↑ Pat Dooris, Jamie Parfitt (November 17, 2022), "Oregon gun sales skyrocket after voters approve Measure 114," KGW8 News.
  13. ↑ Bernstein, Maxine (December 7, 2022). "Oregon Measure 114 remains temporarily blocked by Harney County judge; state Supreme Court won't intervene". The Oregonian/OregonLive . Retrieved December 7, 2022.
  14. ↑ Bernstein, Maxine (December 6, 2022). "Oregon Measure 114 temporarily blocked statewide by county judge in separate challenge". The Oregonian/OregonLive . Retrieved December 6, 2022.
  15. ↑ "Federal judge rules Oregon's tough new gun law is constitutional". Yahoo.com. July 15, 2023. Retrieved November 22, 2023.
  16. ↑ Levinson, Jonathan. "Oregon judge rules that voter-approved Measure 114 gun safety law violates the state constitution". Oregon Public Broadcasting. Archived from the original on December 31, 2023.
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