If Measure 114 passes, it would mean:

Anyone wanting to purchase a gun in Oregon would have to first obtain a permit by:
Completing a gun safety class that included hands-on instruction with a firearm

Submitting to a federal criminal background check

Magazines containing more than 10 rounds of ammunition would be banned, with exceptions for people who already own larger magazines

- require permits issued by local law enforcement to buy a firearm;

- require photo ID, fingerprints, safety training, criminal background check, and fee payment to apply for a permit; and

- prohibit manufacturing, importing, purchasing, selling, possessing, using, or transferring ammunition magazines capable of holding more than 10 rounds and make violations a class A misdemeanor

A restraining order issued by an Oregon Circuit Court judge has blocked Ballot Measure 114 from going into effect on December 8. According to court documents, a circuit court decision handed down by an Oregon state judge in Harney County has stopped the Oregon government from enforcing all parts of Measure 114. The judge's order states that the the Oregon government cannot enforce the measure until at least December 13, at which point the courts will decide whether or not to enact a longer-lived injunction on the measure. This comes just hours after a federal judge allowed the measure to continue in the face of several lawsuits questioning its legality, albeit with a delay to a certain provision of the bill. Early Tuesday morning, a federal judge also put a 30 day extension on the permit-to-purchase part of the measure.

Oregon Attorney General Ellen Rosenblum has stated that her office will appeal to the Oregon Supreme Court to lift the Harney County judge's injunction. It is unclear how long it will take for the Attorney Governor to petition the Oregon supreme court to get the Harney County order lifted.

An Oregon judge handed guns rights advocates a victory Thursday and placed a new, voter-approved ban on high-capacity magazines that was intended to curtail mass shootings on hold until questions about its constitutionality can be decided. Harney County Judge Robert Raschio released the written ruling after a lengthy court hearing earlier this week in which attorneys for gun rights groups sought a preliminary injunction to stop the narrowly passed ban on magazines of more than 10 rounds. “That the large capacity magazine bans promote public safety is mere speculation,” Raschio wrote. “The court cannot sustain restraint on a constitutional right on mere speculation that the restriction could promote public safety.”

With the injunction in place, all provisions of the law are effectively on hold a little more than a month after voters narrowly passed it in midterm elections. Earlier this week, Raschio extended his order blocking the law’s permit-to-purchase provision, as well as a part of Measure 114 that would prevent a gun sale until the results of a background check come back. Under current federal law, a gun sale can proceed by default if the background check takes longer than three business days — the so-called Charleston loophole, because it allowed the assailant to purchase the gun used in a 2015 South Carolina mass shooting.

Raschio said in his 25-page ruling that he would wait until the state told him it had a process in place for issuing the permits before holding a hearing on a motion for a preliminary injunction on that element of the law. Oregon has already paused enforcement of the permit provision until Feb. 8 as it finds enough certified firearms trainers for the hands-on classes. A hearing on the background check provisions is set for Dec. 23.

Gun sales and requests for background checks have soared since the measure passed because of fears the new law would prevent or significantly delay the purchase of new firearms under the permitting system. Gun rights groups, local sheriffs and gun store owners have filed at least four lawsuits, almost all in federal court, saying the law violates Americans’ constitutional right to bear arms. The Harney County lawsuit is the only one filed in state court, gun rights advocates said. A federal judge in Portland hearing a different challenge to the law under the U.S. Constitution on Dec. 6 delivered an initial victory to proponents of the sweeping gun-control measure that passed in the Nov. 8 midterms.

The law, Measure 114, grants county sheriffs and police chiefs discretion to determine who qualifies to purchase a firearm under a new permit-to-purchase program.

But Measure 114 lacks criteria clearly defining what disqualifies applicants, details on what makes someone a threat and what data can be used by law enforcement in making that decision. That's a problem for activists who have critiqued law enforcement, particularly in the racial justice protests that took place over the past two years.

"I just feel like if I was to go online and say like the police are terrorists or something ... [the police] would be like, 'Well, you seem like you might not be fit for this community to be armed,' " says Mia Rose, a trans person of color and former licensed firearms dealer. "If they were to get that information that you got snatched up off the street [arrested during the Portland protests prompted by the killing of George Floyd in 2020], I would assume that the law would say they could deny your purchase, or deny your right to have a permit."

highdesert wrote: Sat Dec 17, 2022 12:39 pm Yup, "May Issue" still exists in CA as "good moral character" which the CA AG said can be considered when approving a license. It sounds a lot like if you're not the right age, race, religion, gender, sexual orientation, political affiliation...you're not getting a license to carry. The Democrats that run CA's government sound a lot like all those red states they rail about, hypocrisy is alive and well.

sikacz wrote: Sat Dec 17, 2022 1:08 pm

highdesert wrote: Sat Dec 17, 2022 12:39 pm Yup, "May Issue" still exists in CA as "good moral character" which the CA AG said can be considered when approving a license. It sounds a lot like if you're not the right age, race, religion, gender, sexual orientation, political affiliation...you're not getting a license to carry. The Democrats that run CA's government sound a lot like all those red states they rail about, hypocrisy is alive and well.

Agree.

tonguengroover wrote: Wed Dec 07, 2022 6:55 pm I'm all for gun safety class. Ima more scared of johhny do goods with guns who have no training than criminals. Perhaps if the cost of the permit included the cost of the class and a box of bullets.

BearPaws wrote: Sat Dec 17, 2022 7:49 pm I don't think I qualify for a credential as an instructor, but I wonder about offering safety classes to my Black and Brown neighbors (or through Armed Equality, to folks in the LGBTQ+ communities) as a volunteer.

CowboyT wrote: Sun Dec 18, 2022 11:34 pm So, basically the Oregon officials want to put a poll tax on another Constitutional right? Am I understanding this correctly?

wings wrote: Wed Dec 21, 2022 5:44 pm Except, of course, for the precedent set by the Second Militia Act of 1792. The act required able bodied men - with some exceptions - to arm themselves at personal expense to support the militias. Besides, it isn't a poll tax. Voter ID is a poll tax. Nobody is denied the vote on account of showing up to the polls unarmed.

If you want to argue that states may not regulate the possession of arms in any way, you have to explain how you do that within the context of the Founders explicitly empowering the states to regulate their own militias, and how that articulates into the Second. Not to mention allowing the Federal government to regulate the militias, exhibit A above. There are reasons that the most adamant pro-gun, pro-Second Amendment Justices of the Supreme Court have offered extremely limited support to "shall not infringe," and originalism has a lot to do with it.

wings wrote: Wed Dec 21, 2022 6:37 pm The Second Militia Act of 1792 had very explicit standards for the style of arms each militia member was required to arm themselves with.

CDFingers wrote: Wed Dec 21, 2022 6:42 pm

wings wrote: Wed Dec 21, 2022 6:37 pm The Second Militia Act of 1792 had very explicit standards for the style of arms each militia member was required to arm themselves with.

That's so ammo could be supplied reliably.

CDFingers

That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes

CDFingers wrote: Thu Dec 22, 2022 9:18 am "And my axe!"

CDFingers

highdesert wrote: Fri Dec 23, 2022 11:31 am Thanks for the reminder, time to watch the original "Lord of the Rings" again over this weekend, I have them all on DVD including "The Hobbit". Caught a glimpse of the new series "Lord of the Rings: The Rings of Power" on Amazon, it's been Hollywoodized and it isn't even close to Michael Jackson's original series in terms or quality and acting. I grew up in the era when Tolkien was appreciated, I didn't grow up in the Harry Potter era.