Sometimes life is in the small victories. You don’t have to win the entire war in one shot, sometimes, you just focus on the little battles. Such is the case when the Oregon Supreme Court placed the new gun control Measure 114 on temporary hold. However, Oregon is not out of the woods yet.
Oregon Gun Control Measure 114 On Hold
Following the passage of Measure 114, gun rights groups like the NSSF immediately filed requests in federal and state courts for a temporary restraining order against it. Last Tuesday, federal judge Karen Immergut rejected the request to block the measure. Her reason is that plaintiffs failed to demonstrate that “high-capacity” magazines are in common use for lawful purposes. However, she did allow an additional 30 days to refine the permitting process.
Larry Keane, Senior Vice President and General Counsel of NSSF, told Fox News, “There are estimates that there are over half a billion magazines in the United States that are capable of holding more than ten rounds. And about half of all gun owners in the United States own a magazine of that size capacity or greater. So, it’s clearly commonly owned for lawful purposes, including self-defense.”
Fortunately, Harney County Judge Robert Raschio feels the same as Keane and sided with the plaintiffs that same Tuesday. The Harney County case claims that Measure 114 violates the Oregon constitution, providing people the right to bear arms for self-defense. As a result, Judge Raschio placed an injunction on the measure.
A hearing on Judge Raschio’s ruling is scheduled for December 13.
On December 1, 2022, Personal Defense World reported:
It was inevitable. When a state like Oregon passes one of the strictest gun control measures in the nation, people react. In essence, Oregon just told its residents that if they want guns, they better get them now. And the people are doing just that. If fact, state police can’t even keep up with the demand for background checks.
Oregon Gun Control Measure Sparks Dramatic Increase in Gun Sales
Although gun control isn’t funny, the running joke is that Democrats are the world’s best gun salesmen. It seems like every time they pass some form of legislation to inhibit our Second Amendment rights, gun sales boom. At this point, gun manufacturers need to start awarding them with “best salesman of the year” awards and hang a plaque in their honor.
Such is the case in Oregon following the passage of Measure 114 (details below). In fact, reports show that Oregon state police have said that background checks were trending down until the recent 2022 election. Now, the number of people waiting for background checks has more than doubled.
According to Oregon Live, “The week of Oct. 30, the state police received 8,609 requests for gun background checks on prospective buyers. In the following election week of Nov. 6, the requests more than doubled to 18,065, according to Capt. Stephanie Bigman, a state police spokesperson.”
A Harbinger of What’s to Come?
Unfortunately, the rush to beat the new legislation is offering a preview of what to expect once it is enacted. The state police cannot keep up with the demand for background checks. As a result, many are having to wait weeks, and currently, only 63% of applicants have received approval.
Oregon Live goes on to say, “Trudi Lacasse, a representative of The Gun Room in Southeast Portland, said interested gun buyers, including people with concealed handgun licenses, are finding the state police ‘queue is very high’ to get a completed background check.”
In the report, Oregon Live spoke to Karl Durkheimer, whose family owns the Northwest Armory. According to him, he is expecting delays once the law is in place.
“He said he can’t conceive how state police or county sheriffs will have a permitting process in place by the measure’s effective date and expects a court challenge to put a hold on the new law.”
On Nov. 17, 2022, Personal Defense World reported:
The state that brought you CHAZ 2.0 in Portland is at it again. Oregon, the state that literally allowed criminals to take over a portion of its largest city, has passed one of the strictest gun control measures in the United States. Ballot measure 114 narrowly passed during the midterm elections but will only serve to empower more violent crime.
Oregon Passes One of the Strictest Gun Control Measures in the United States
Narrowly passing by 50.68% to 49.32% the new gun control measure places a ban on “large capacity” magazines. Likewise, it contains other restrictive anti-Second Amendment gun laws that the gun control lobby is sure to love. Of course, we know what they mean by “large capacity” magazine is really just standard capacity. Democrats sure do love to manipulate language to suit their needs.
According to the Statesman Journal, “Oregon voters have narrowly passed Measure 114, a strict gun measure that requires individuals to obtain a permit before purchasing a gun, bans large-capacity magazines that hold more than 10 rounds of ammunition and creates a statewide firearms database.”
Surprisingly, even some gun owners in Oregon voted for the measure. I guess rising violent crime and gun violence perpetrated by criminals in their cities aren’t bad enough yet. Not to mention, they are all about to be placed into a statewide firearm database. There is only one reason for a firearm database, and they are going to learn about it the hard way.
NPR writes, “About a third to half of Oregonians own guns, which tracks with national trends. And while many gun owners opposed the measure on principle, others said they were willing to deal with the new hassle of obtaining a permit if it meant saving lives.”
What Does the New Oregon Gun Control Measure Do?
Hailed as one of the strictest gun control measures in the country, Measure 114 is a gun control wish list. The new state law has everything from background checks and bans to waiting periods and fees. Not to mention a statewide firearm database.
The Statesman Journal goes on to say, “Under Measure 114, residents will be required to obtain a permit to purchase a gun. Applicants must pay a fee, submit a photo ID, be fingerprinted, complete approved safety training, pass a criminal background check and not be legally prohibited from possessing firearms. The fee will be a maximum of $65 and permits will be processed by local police chiefs or county sheriffs or their designees.”
One of the more ironic parts of the new law is the ID requirement. Remember when Democrats said that requiring an ID to vote was prohibitive to the less fortunate and minorities? It seems that they only care about the less fortunate when it serves their interests. Because the additional fee of $65 also makes gun ownership prohibitive to low-income residents.
Sheriff Phillips told Breitbart News, “From an equity perspective, it’s a barrier to people with lower incomes from legally possessing a firearm. It just adds one more expense.”
However, one of the more dangerous provisions is a 30-day waiting period. In the event a woman is being stalked or harassed, she will have to wait 30 days for a permit. A lot can happen in 30 days. For example, Portland had its own version of CHAZ that was created and then broken up in only 36 hours.
The law also prohibits the manufacture, import, purchase, sale, possession, use, or transfer of magazines with a capacity of more than ten rounds.
Not Well Received by Law Enforcement
The new law is set to go into effect on December 8th. However, many in law enforcement say implementation will likely take much longer. This is due to the burden placed on the police without additional funding.
Breitbart News went on to say, “Phillips is also concerned that the permit requirement could be a budget wrecker for smaller police departments that lack the manpower to handle permit issuance, renewal, and other aspects of Measure 114.”
Additionally, Crook County Sheriff John Gautney released a statement saying, “Implementation of BM 114 would put a huge strain on our already strained operation in the Sheriff’s Office. BM 114 puts a financial strain on our office that we cannot absorb, and does not provide any additional funding to the law enforcement agencies.”
Whether due to funding or upholding their Constitutional oath, many in law enforcement say they won’t enforce the measure.
Linn County Sheriff Michelle Duncan posted to social media that “I want to send a clear message to Linn County residents that the Linn County Sheriff’s Office is NOT going to be enforcing magazine capacity limits.”
Sheriffs from Union County, Sherman County, and Jefferson County all echoed the statement.
As it stands, the constitutionality of the new law is in question. As a result, opponents are already hopeful that immediate lawsuits will halt the measure. We can only hope that any lawsuits targeting Measure 114 are successful. For the people of Oregon and the rest of the United States.
This has the potential of being a proving ground for whether a law like this will stand. If it does, we can expect to see many more like it sweeping across the country.