Oregon Ballot Measure 114

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] There have been a number of legal challenges to these provisions, and several judicial rulings have blocked the implementation of Ballot Measure 114, so the new laws are currently not in effect.[3][4]

Ballot Measure 114
Changes to Firearm Ownership and Purchase Requirements Initiative
Results
Choice
 Votes  %
Yes 969,215 50.71%
No 942,161 49.29%
Results by county
Yes:      50–60%      60–70%      70–80%
No:      50–60%      60–70%      70–80%      80–90%

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.[5]

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".[5] 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.[6]

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,[7][8] and gun rights organizations immediately prepared to challenge the constitutionality of the laws in court.[9]

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[10]), 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.[11]

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.[12]

Polling

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

Poll source Date(s)

administered

 Sample

size[lower-alpha 1]

 Margin

of error

 For Measure 114 Against Measure 114 Undecided

Nelson Research

 October 31-November 1, 2022 577 (LV) ± 4% 46% 49% 5%

DHM Research

 September 23-24, 2022 600 (LV) ± 4% 51% 39% 10%
  1. Key:
    A – all adults
    RV – registered voters
    LV – likely voters
    V – unclear

See also

References
  1. Hughes, Lillian Mongeau (November 11, 2022). "Oregon gun access measure narrowly passes, bringing joy and sadness". OPB. Retrieved November 13, 2022.
  2. "What Are Oregon Measure 114's Requirements of Gun Buyers, Gun Owners?". Oregon Live. December 8, 2022. Retrieved December 17, 2022.
  3. Levinson, Jonathan (December 7, 2022). "Measure 114 Remains in Legal Limbo; State Police Plan to Release Temporary Rules". Oregon Public Broadcasting. Retrieved December 17, 2022.
  4. "Ballot Measure 114: New Ruling". Lincoln City News Guard. December 16, 2022. Retrieved December 17, 2022.
  5. "Online Voters' Guide | 2022 General Election". Oregon Secretary of State. Archived from the original on October 26, 2022. Retrieved October 24, 2022.
  6. 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.
  7. Manfield, Lucas (November 12, 2022). "Three Oregon Sheriffs Say They Will Not Enforce Measure 114". Willamette Week. Retrieved November 13, 2022.
  8. Lehman, Chris M. (November 10, 2022). "Linn County sheriff says part of Oregon gun measure won't be enforced". KLCC. Retrieved November 14, 2022.
  9. Bernstein, Maxine (November 12, 2022). "When will Oregon Measure 114′s gun limits start: Uncertainty reigns". The Oregonian/OregonLive. Retrieved November 13, 2022.
  10. 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.
  11. Bernstein, Maxine (December 6, 2022). "Oregon Measure 114 temporarily blocked statewide by county judge in separate challenge". The Oregonian/OregonLive. Retrieved December 6, 2022.
  12. Pat Dooris, Jamie Parfitt (November 17, 2022), "Oregon gun sales skyrocket after voters approve Measure 114," KGW8 News.
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