Oregon Ballot Measure 114: Difference between revisions
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The passage of 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.<ref>Pat Dooris, Jamie Parfitt (November 17, 2022), [https://www.kgw.com/article/news/local/the-story/oregon-measure-114-gun-sales-background-checks/283-98f30275-6c52-447a-9d28-a0bbb6397a2b "Oregon gun sales skyrocket after voters approve Measure 114,"] ''KGW8 News''.</ref> |
The passage of 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.<ref>Pat Dooris, Jamie Parfitt (November 17, 2022), [https://www.kgw.com/article/news/local/the-story/oregon-measure-114-gun-sales-background-checks/283-98f30275-6c52-447a-9d28-a0bbb6397a2b "Oregon gun sales skyrocket after voters approve Measure 114,"] ''KGW8 News''.</ref> |
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On July 14, 2023, federal judge Karin Immergut upheld Measure 114 under the federal 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."<ref>{{Cite news |date=July 15, 2023 |title=Federal judge rules Oregon’s tough new gun law is constitutional |work=Yahoo.com |url=https://www.yahoo.com/news/federal-judge-rules-oregon-tough-011750148.html |access-date=November 22, 2023}}</ref> However, on November 21, 2023, Judge Robert Raschio of the Oregon Circuit Court |
On July 14, 2023, federal judge Karin Immergut upheld Measure 114 under the federal 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."<ref>{{Cite news |date=July 15, 2023 |title=Federal judge rules Oregon’s tough new gun law is constitutional |work=Yahoo.com |url=https://www.yahoo.com/news/federal-judge-rules-oregon-tough-011750148.html |access-date=November 22, 2023}}</ref> 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.<ref>{{Cite web|url=https://www.opb.org/article/2023/11/21/oregon-supreme-court-gun-law-firearms-measure-114-harney-county/|title=Oregon judge rules that voter-approved Measure 114 gun safety law violates the state constitution|website=opb}}</ref> |
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== Polling == |
== Polling == |
Revision as of 22:44, 19 April 2024
Oregon Ballot Measure 114, the Changes to Firearm Ownership and Purchase Requirements Initiative, is an Oregon state initiative that was narrowly approved by voters on November 8, 2022.[1] 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.[2]
Description
The permit (of a maximum amount of $65) 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.[3]
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 background check.
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".[3] 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.[4]
Implementation, enforcement, and effects
Sheriffs in Klamath County, Linn County, Sherman County, and Union County declared their refusal to enforce some or all of the new laws,[5][6] and gun rights organizations immediately prepared to challenge the constitutionality of the laws in court.[7]
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[8]), 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.[9]
The passage of 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.[10]
On July 14, 2023, federal judge Karin Immergut upheld Measure 114 under the federal 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."[11] 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.[12]
Polling
The following polls measured support or opposition among likely voters before the November elections.
Poll source | Date(s)
administered |
Sample
size[a] |
Margin
of error |
For Measure 114 | Against Measure 114 | Undecided |
---|---|---|---|---|---|---|
October 31-November 1, 2022 | 577 (LV) | ± 4% | 46% | 49% | 5% | |
September 23-24, 2022 | 600 (LV) | ± 4% | 51% | 39% | 10% |
- ^ Key:
A – all adults
RV – registered voters
LV – likely voters
V – unclear
See also
References
- ^ Hughes, Lillian Mongeau (November 11, 2022). "Oregon gun access measure narrowly passes, bringing joy and sadness". OPB. Retrieved November 13, 2022.
- ^ "What Are Oregon Measure 114's Requirements of Gun Buyers, Gun Owners?". Oregon Live. December 8, 2022. Retrieved December 17, 2022.
- ^ a b "Online Voters' Guide | 2022 General Election". Oregon Secretary of State. Archived from the original on October 26, 2022. Retrieved October 24, 2022.
- ^ 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.
- ^ Manfield, Lucas (November 12, 2022). "Three Oregon Sheriffs Say They Will Not Enforce Measure 114". Willamette Week. Retrieved November 13, 2022.
- ^ Lehman, Chris M. (November 10, 2022). "Linn County sheriff says part of Oregon gun measure won't be enforced". KLCC. Retrieved November 14, 2022.
- ^ Bernstein, Maxine (November 12, 2022). "When will Oregon Measure 114′s gun limits start: Uncertainty reigns". The Oregonian/OregonLive. Retrieved November 13, 2022.
- ^ 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.
- ^ Bernstein, Maxine (December 6, 2022). "Oregon Measure 114 temporarily blocked statewide by county judge in separate challenge". The Oregonian/OregonLive. Retrieved December 6, 2022.
- ^ Pat Dooris, Jamie Parfitt (November 17, 2022), "Oregon gun sales skyrocket after voters approve Measure 114," KGW8 News.
- ^ "Federal judge rules Oregon's tough new gun law is constitutional". Yahoo.com. July 15, 2023. Retrieved November 22, 2023.
- ^ "Oregon judge rules that voter-approved Measure 114 gun safety law violates the state constitution". opb.
External links
- Text of Oregon Ballot Measure 114, Oregon Secretary of State website