As of today, it is unclear whether Ballot Measure 114 has passed with a majority of vote throughout the state. In Klamath County, 76% voted “No” on this measure. Many questions have arisen as to what will happen to the rights of gun owners in Oregon if it passes. Myself, and other Sheriffs, often rely on the analysis of our legal advisor(s) through our Oregon State Sheriffs Association. Having reviewed the BM 114 and the legal analysis received, the following opinion is my understanding of the likely next steps in the unfortunate event it passes. For the record, I believe BM 114 to be an unconstitutional restriction on the right to possess firearms.
- If passed it will take effect “30 days after passing.”
- Firearms dealers will have “180 days” to dispose of large capacity magazines.
- Firearms dealers will not be able to sell a firearm to anyone without a permit; since the permit system does not exist, all legal firearms sales in the State of Oregon will stop until a permit system is established. Because of this, there is a strong likelihood a federal judge will “stay” the measure until a permit process is established or the constitutionality of the measure is decided in what will likely be a court challenge.
- Court challenges often take years. One such challenge is underway on a California magazine ban that was sent back to the 9th Circuit Court by the US Supreme Court for reconsideration due to a recent Supreme Court decision in the NY Rifle v. Bruen case.
- If a court challenge occurs and BM 114 is determined to be unconstitutional it will then likely be reviewed by the 9th Circuit Court.
- If you currently own magazines capable of holding more than “10” rounds, you should document that you have them in your possession before this measure can take place due proving they weren’t purchased after the ballot measure passed. (i.e. a dated picture)
None of these possible outcomes effects our current Concealed Handgun Licensing program provided by the Sheriff’s office. Many questions will likely come up in the next few weeks and I will keep you apprised of them.
Release from Sheriff Chris Kaber regarding Measure 114.