Oregon’s Contentious Measure 114 is Again on Hold
Oregon’s contentious Measure 114, which bans purchasing magazines carrying more than 10 rounds of ammunition and requires permits, has once again failed to progress beyond the courtroom.
Measure 114, or the Reduction of Gun Violence Act, was placed on hold yesterday (Tuesday) by the Oregon Court of Appeals in Salem after listening to arguments for and against the Oregon state initiative.
See also: Oregon State Files Gun Control Measure 114 Brief In Appeal Court Asserting Its Constitutionality
Court of Appeals Asked to Overturn Violation of Constitution Ruling
Voters narrowly approved Measure 114 on November 2022, giving law enforcement the power to deny permits to individuals they believe are a danger to themselves or others. This ruling is similar laws that already exist in 14 other states.
Yesterday. a three-judge panel listened to arguments by Oregon Department of Justice attorneys who asked them to overturn a 2023 ruling by Judge Robert Raschio in the Harney County Circuit Court, who found that Measure 114 violated the state constitution.
Opposing Measure 114, Attorney Tony Aiello said Judge Raschio ‘got it right.’ Aiello described Measure 114 as burdensome, preventing people from lawfully accessing firearms.
He also pointed out that Measure 114 will require all Oregonians to undertake some form of training to access firearms and that there was no Supreme Court law or other case law giving the Legislature that authority.
Presenting arguments in favor of the Reduction of Gun Violence Act, Senior Assistant Attorney General Robert Koch said public safety would be promoted if the sale of magazines holding more than 10 rounds of ammunition is limited. Koch referred to mass shootings in which more shots are fired, and more injuries and deaths occur.
The Charleston Loophole
Oregon State Police confirm that about 96% of firearm background checks are approved within minutes. Referring to the Charleston loophole, State Police says firearm transfers go ahead if background checks take longer than three days.
The Charleston loophole refers to the shooting at a South Carolina church in 2015 that left nine people dead. Later, it was established that the shooter had been issued a firearm permit because his background check was not cleared within three days – if it had been, his application would have failed.
Irrespective of what the Oregon Court of Appeals decides, it is unlikely to smooth Measure 114’s passage forward or to halt its progress indefinitely.
Sales of Firearms Increased Exponentially
The sale of firearms has increased exponentially since voter approval of Measure 114 in 2022.
The Oregon State Police say that before Measure 114, 849 background checks were undertaken daily by the Firearms Instant Check Systems (FICS). After Measure 114, daily background checks shot up to 4,092.
Four county sheriffs – Klamath, Linn, Sherman, and Union – previously indicated that they would not enforce all stipulations of Measure 114.
While rural counties are vociferously opposed to Measure 114, voting against it by nearly 3 to 1, Multnomah County registered the most support for the Reduction of Gun Violence Act.
To obtain a firearm license, Measure 114 requires the holder to undertake a gun safety education class, submit their fingerprints, and pass an FBI background check – a check that the FBI has confirmed it cannot perform.