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Oregon: Faulty Gun Control Ballot Measure Summary Approved

Friday, August 12, 2022

Oregon: Faulty Gun Control Ballot Measure Summary Approved

This week, the Explanatory Statement Committee approved Ballot Measure 114’s (formerly IP 17) summary that will appear in the voter pamphlet. The Explanatory Statement is supposed to be an impartial, simple, and understandable statement that explains the ballot measure. However, the approved Explanatory Statement is misleading, complicated, and difficult to comprehend. To properly inform the voters of Oregon about the actual effects of Ballot Measure 114, the NRA has provided an explanation of the actual effects of the measure:

Ballot Measure 114 will, 1) require a permit to purchase a firearm, 2) create a government registry, and 3) ban any magazine over 10 rounds:

1) Ballot Measure 114 Requires a permit-to-purchase or transfer a firearm

Ballot Measure 114 will require a permit-to-purchase or transfer any firearm in the future.

  • A Concealed Handgun License does NOT qualify as a permit
  • A Hunter Safety Certification does NOT qualify as a permit

To obtain a permit, an individual MUST:

  • Apply for the permit (up $65 to apply, up to $50 to renew every 5 years)
  • Provide the legal name, current address and telephone number, date and place of birth, physical description, fingerprints, photographs, a signature, and ANY additional information determined necessary by the law enforcement agency on the application
  • Pass a background check (already required by law)
  • Complete a law enforcement firearms training course
    • Classroom training
    • In-person live-fire training certification
      • demonstration of the applicant’s ability to lock, load, unload, fire and store a firearm in-front of an instructor certified by a law enforcement agency

Applicants cannot obtain a permit without first passing a law enforcement firearms training course

  • There is no cap on how much law enforcement may charge for the firearms training course
    • Voters should anticipate this being very expensive
  • The in-person training portion requires live-fire so it must be conducted at a shooting range, or other appropriate facility
    • Shooting ranges and facilities are limited in Oregon

First-time firearm owners may find it impossible to obtain a permit

  • To obtain a permit, applicants must first pass the firearms training course. To pass the course applicants must have a firearm. But, they can’t purchase a firearm until they obtain the permit
  • First-time firearm owners will have to rely on borrowing a firearm from law enforcement or another individual
    • Law enforcement is not obligated to provide firearms for the training course
    • SB 554 (passed in 2021) severely limits temporary transfers of firearms between individuals

2) Ballot Measure 114 creates a government registry of firearm owners

Law enforcement is required to maintain an “electronic searchable database” of all permits issued

  • Law enforcement must annually report permit information, which could be disclosed to the public
  • Permit information includes: applicants legal name, current address and telephone number, date and place of birth, physical description, fingerprints, photographs, a signature and ANY additional information determined necessary by the law enforcement agency on the application

The Supreme Court has ruled that people who are prohibited by law from possessing firearms (such as felons, people adjudicated mentally incompetent, domestic violence abusers, and drug addicts) cannot be required to register firearms, because doing so would violate their 5th Amendment right against self-incrimination.

3) Ballot Measure 114 unconstitutionally BANS ammunition magazines over 10 rounds

The NRA is currently challenging similar 10-round magazine bans in court, in California and New Jersey

Fixed and detachable magazines capable of accepting more than 10 rounds of ammunition will be banned

  • Shotguns (including pump-action and semi-automatic) will be banned under this measure unless permanently altered
    • Most shotguns are capable of accepting more than 10 “mini-rounds” commonly used as home or self-defense rounds
    • Most shotguns are capable of accepting extended tubes commonly used for depredation goose hunts

Currently possessed magazines over 10-rounds will be limited to use on the owner's own personal property, at a shooting range, or while hunting

  • Transporting previously possessed magazines over 10 rounds must be stored and locked separately from the firearm

Law enforcement and military are ONLY exempted for their service firearm while engaged in their official duties

  • Personal firearms will be limited to 10-round magazines
  • Possession and use of a firearm while off-duty will be limited to 10-rounds

There is NO affirmative defense available for magazines owned before the effective date of Ballot Measure 114 (IF it passes in November)

  • ORS 166.055 does NOT exist in Oregon law
  • Legislative Counsel has said this error would have to be fixed by the Legislature

Vote NO on Ballot Measure 114 in November to protect your Second Amendment rights!


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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.