The Oregon Gun Law Measure 114 Guide: How It Affects You
Oregon gun law measure 114 has been a hot topic of discussion among gun owners and enthusiasts in the state since its passing. This measure introduced significant changes to the gun laws in Oregon, with a focus on strengthening background checks, limiting ammunition magazine capacity, and introducing new requirements for concealed carry permits. In this comprehensive guide, we’ll cover everything you need to know about Oregon gun law measure 114, including its history, key provisions, and updates on its implementation. If you need a gun crime lawyer in Oregon we can help. We’re based in Beaverton and serve the entire Portland area with criminal defense representation. Click the button below to request a call or call us at 503-372-6244.
What is Measure 114 in Oregon?
Measure 114, also known as the Oregon gun law measure, is a ballot initiative that aims to strengthen the state's gun laws and promote public safety. The key provisions of the measure include:
● Universal background checks
The measure requires background checks for all gun purchases, including private sales and transfers, with limited exceptions for family members and law enforcement.
● Ammunition magazine capacity limit
The measure limits the capacity of ammunition magazines to 10 rounds, with some exceptions for law enforcement and active-duty military personnel.
● Permit-to-purchase requirement
The measure requires individuals to obtain a permit before purchasing a firearm. To obtain a permit, applicants must pass a background check, complete a firearm safety course, and provide fingerprints for identification.
● Concealed carry permit changes
The measure increases the requirements for obtaining a concealed carry permit, including additional training and a demonstrated need for self-defense.
● Prohibition for certain individuals
The measure prohibits individuals convicted of certain crimes, including domestic violence and stalking, from purchasing or possessing firearms.
Measure 114 establishes a permit-to-purchase gun system. Prospective firearm buyers must first obtain a permit, which requires a $65 fee. Additionally, buyers must complete a designated firearms safety course at their own cost and provide a photo ID. Fingerprints are also required, along with a successful criminal background check.
The background check required by Measure 114 would be more comprehensive than the one currently conducted by the state police for gun purchasers. A permit could be denied if an applicant is deemed likely to pose a threat to themselves or others due to their mental or psychological state or a history of violent behavior or threats of violence. Presently, state police only deny gun purchases if the person has been found guilty by reason of insanity in a criminal case, deemed incompetent to stand trial, or committed to a mental health institution.
When Was it Passed?
Measure 114 in Oregon is a gun control initiative that was passed by voters during the November 2022 election. The law was passed by a slim margin and was stopped from going into effect in December pending a decision at trial. In July of this year, a federal judge in Oregon found the laws were in fact constitutional. That decision has been appealed to the Ninth Circuit Court of Appeals.
How Much Did It Pass By?
The measure passed by a narrow margin, with just over 50% of voters supporting it. This close vote reflects the deep divisions in public opinion on gun control measures in Oregon and across the United States.
Oregon Gun Law Measure 114 Update
In May 2021, a group of gun rights advocates filed a lawsuit against the measure, arguing that it violates the Second Amendment rights of Oregon citizens. The lawsuit is currently working its way through the legal system, and a final decision has yet to be reached.
As of the writing of this guide, Oregon gun law measure 114 remains in legal limbo, with its implementation on hold until the courts make a final determination on its constitutionality.
What is the Oregon Measure 114 Grandfather Clause?
The Oregon Measure 114 grandfather clause is a provision that allows current gun owners to keep their existing firearms and ammunition magazines, even if they do not comply with the new regulations. This means that if you already own a firearm or magazine that would be prohibited under the new laws, you can keep it, as long as you do not sell or transfer it to someone else.
The grandfather clause was included in the measure to address concerns from gun owners who feared that the new regulations would force them to surrender their legally acquired firearms and magazines. However, the grandfather clause does not exempt current gun owners from the other provisions of the measure. This would include the requirement for background checks on all gun purchases and the increased requirements for obtaining a concealed carry permit.
When Did or Does it Go into Effect?
As mentioned earlier, the implementation of measure 114 has been stayed pending further legal challenges. This means that the measure is currently not in effect and cannot be enforced until the legal challenges are resolved.
It’s unclear when or if the measure will go into effect, as it depends on the outcome of the legal challenges.
How Measure 114 Affects Current Gun Owners
If measure 114 goes into effect, it will have a significant impact on current gun owners in Oregon. The measure requires background checks for all gun purchases, which means that gun owners will need to undergo a background check every time they purchase a firearm. The measure also limits the capacity of ammunition magazines on any new purchases. The measure also bans the sale of firearms to people convicted of certain crimes, which means that some gun owners may be prohibited from purchasing firearms in the future.
The Oregon Gun Law Measure 114 Guide Conclusion
At Powell Law, we understand that Oregon gun law measure 114 is a complex and controversial topic. We know Oregon gun law inside and out and are here to help with any legal matters involving firearms or any other legal matter. Whether you need help understanding the new laws, navigating the legal challenges, or defending your rights in court, we are here to help. Contact us today for a consultation and let us help you navigate the complexities of Oregon gun law measure 114.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
