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.
Sheriff, you indicate we should consider disclosing that we have magazine capacity exceeding 10 rounds, but you do not disclose to whom or how.
Please advise.
THANK YOU.
CATHERINE
Without L.E. You better man up. You have defunded them now you want to surrender your rights ! Good luck with that !
Catherine, The sheriff’s comments did not indicate that we were to disclose magazines greater than 10 capacity to anyone. He tells us to take a dated picture and have it available to show L.E., if at somepoint in the future your possession is challenged.
When guns are outlawed only outlaws will have guns
Only outlaws and gov’t thug armies will have guns.
Sheriff, I do believe that this law will make good and honest people to start buying from the black market, or buy ghost guns? Which they should have the right to do so,as your not going to stop criminals from getting these. If it’s ok for criminals then it’s ok for the rest of us!
That state of Oregon does not have the right to do this to good people Because it’s a second amendment This will be challenged in court
They have restricted the 1st amendment and now chipping away at the 2nd
I served 6 years for this country ( Army Cavalry) 2 tours in Iraq and they want to take my rights away and let the criminals have the right to roam free and keep their weapons. Bull#!&×
Sherrif how about saying you will not enforce unconstitutional laws.that you stand with the majority of your constituents.
This law should not be enforce on us It is unconstitutional and just flat out unacceptable. I’m all for States rights and I’m all for States being able to vote in their own laws but the state does not have the authority to violate the constitutional rights of its citizens I sure hope this is taken the court and struck down
I believe that this law will separate and segregate gun owners instead of uniting them together. This law has ignited a bigger issue than what we’ve had before This law came out. Now instead of criminals going to gun stores and obtaining a weapon with this law they will now turn and break into people’s homes to gain weapons.
If this is unconstitutional then as our sheriff it is your duty to protect us against it, no enforce it. Like Lynn county! We put our trust in you and you gave an oath to protect our constitution as well. Like all laws, you are too protect your county and our interests not the next county over. That is why every county has it’s own set of laws. Be a man and do what’s right or we will vote you out and find a man that actually cares about our constitution and us.
It sounds like you’re actually going to follow this unconstitutional restriction. 🙁