Oregon Ballot Measure 114

Oregon Ballot Measure 114, the Reduction of Gun Violence Act, is an Oregon state initiative that was narrowly approved by voters on November 8, 2022. 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. The law is currently on hold pending an appeal to the Oregon State Court of Appeals regarding the legality of the measure.

Description

The permit (of a maximum amount of $150 as amended by SB348) 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.

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.

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". 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.

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, and gun rights organizations prepared to challenge the constitutionality of the laws in court.

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.

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), 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.

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." 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. 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.

Polling

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

See also

* Gun laws in Oregon
* List of Oregon ballot measures

References

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External links

Text of Oregon Ballot Measure 114
Oregon Secretary of State website

2022 Oregon ballot measures
United States firearms law
United States gun laws by state