Legal Issues

Oregon Measure 114 – Magazine Bans, Registries, and State Police

What do you need to know about Oregon’s Measure 114? The National Rifle Association (NRA), Second Amendment Foundation (SAF), and Firearms Policy Coalition (FPC) opposed it and anti-gun groups such as Bloomberg’s Everytown, Oregon Alliance for Gun Safety, and Giffords Law Center to Prevent Gun Violence supported it. That’s the short — and somewhat cynical — answer. However, the details do tell the tale of the new assault on our gun rights.

Oregon Measure 114, Changes to Firearm Ownership and Purchase Requirements Initiative (2022) was described by the NRA as “The nation’s most extreme gun control Initiative.” With all the rhetoric bandied about these days, that’s quite a statement. Let’s look at why Measure 114 is bad law.

Police Responding to a Measure 114 Violation in Oregon
Will this be the scene outside your door after your next magazine purchase?

What is Oregon Measure 114?

Measure 114 requires permits to be issued by local law enforcement to purchase a firearm. It requires photo ID, fingerprints, safety training, criminal background checks, and a fee payment to apply for a permit. Additionally, Measure 114 prohibits manufacturing, importing, purchasing, selling, possessing, using, or transferring ammunition magazines capable of holding more than 10 rounds. Measure 114 makes any violation a class A misdemeanor that is punishable by a fine and up to 364 days in jail.

The Details

The State Police can deny a permit to an applicant believed to be a danger to oneself or others or if an applicant is prohibited from possessing a firearm. In truth this does nothing to keep the people safe. It sounds good when tweaked slightly by a politician or activist. Reread the statement. The State police are given the ability to deny a permit to a person already prohibited from obtaining a firearm. The only purpose of that statement is to sell the Measure to those who do not read it closely.

Enforcement Issues

To that end, the Oregon State Police has been tasked with creating systems to enforce the new gun restrictions by January 15, 2023 — 30 days after the vote is scheduled to be certified. However, the agency has not offered a plan for how the systems will work, how they will be created, or how the Measure will be enforced.

The Oregon State Police has not responded to multiple requests for details regarding implementation. However, it did release a statement that it is “assessing the required processes,” and couldn’t comment further until after the vote is certified in December.

To be clear, nothing in the text of Measure 114 allows for implementation delays.

In what seems to be a logical, if not legal contradiction, supporters of Measure 114 are seemingly not concerned with the 30-day requirement. In fact, Anthony Johnson (the anti-gun spokesman for Measure 114) has gone so far as to claim:

“Sales will not halt because permits cannot be required until they (Oregon State Police) develop the rules and finalizes the standardized form to apply.”

Two loose cartridges next to a Mission First Tactical magazine
Restricting the ability of law abiding citizens to defend themselves and their loved ones does not “prevent gun violence.” It creates more victims.

That’s an easy claim to make when it is not your business, livelihood, license, and risk of running afoul of the law is at stake. According to Alan Gottlieb of the Second Amendment Foundation, “A lot of gun-store operators are concerned that they’re not going to be able to sell any guns when there’s no system set up to be able to do it. “[Measure 114] supporters are arguing that that won’t be the case, but we don’t see how the wording allows them any authority to delay enforcement.”

Challenging Measure 114

The poorly written, nearly impossible to implement in 30 days, and likely unconstitutional, Measure 114 is sure to quickly be challenged in the courts. The Firearms Protection Coalition and Second Amendment Foundation have signaled that they are sitting on the sidelines until it is clear how Oregon officials plan to proceed with its implementation. To that end, FPC and SAF have particular parts of the Measure 114 that they are already preparing to challenge.

The portion concerning the magazine ban tops the list. The permitting and training requirements, which the infrastructure and are requirements are not currently available, will also be legal points to be challenged.

Second Amendment Foundation
National gun rights organizations such as the Second Amendment Foundation are the great defenders of our rights. Pick your favorites and support them.

Conclusion

I have never trusted that common sense would prevail when anti-gun fanatics can judge shop or the legislation is in a known liberal-leaning (anti gun) jurisdiction. The Federal government is restricted from creating registries of firearm owners and the firearms they own. Measure 114 seeks to do at the State level what the Federal government is prohibited from doing. No one is safer because legal gun owners can only carry 10 rounds in a magazine. Criminals have no such restriction.

Likewise, the People have never been made safer by restricting law-abiding gun owners’ access to firearms. And by definition, criminals’ access to firearms are unaffected by the draconian laws. The only benefit derived by Measure 114’s implementation, and a less-safe society, is to those who prey on the innocent, the weak, and the vulnerable.

If you live in Oregon and are on the fence about purchasing a new gun or magazines… Get them before the madness goes into effect and the court challenges begin. For the rest of the country, stay active in your state’s politics and squash these bills before they get started and threaten the protection the Second Amendment offers.

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Note: Cheaper Than Dirt may need to restrict firearm sales to Oregon because of the backlog of dealers are unable to process the background checks before December 7. Several dealers in Oregon are refusing new to process new transfers.

Do you live in Oregon? How do you think Measure 114 will play out? What gun control efforts do gun owners and Second Amendment supporters need to be aware of in your state? Share your answers in the comment section.

The Mission of Cheaper Than Dirt!'s blog, The Shooter's Log, is to provide information—not opinions—to our customers and the shooting community. We want you, our readers, to be able to make informed decisions. The information provided here does not represent the views of Cheaper Than Dirt!

Comments (27)

  1. May want to update the text here. Oregon’s lovely Secretary of State informed us it’s 30 days after Election Day, so this law will kick in December 8th, before the election is even certified, unless halted by an injunction.

  2. This was written and passed through fraud. Nothing more, nothing less. They had the signatures to get it on the ballot in one week. Yet 3 petitions which took months to gather signatures for, to recall Kate Brown were rejected due to ‘invalid’ signatures. BS. Fraud.

  3. And to think 5 years ago i was looking around for a place in Oregon. Thank the lord i didn’t find what i wanted and am still living in Arizona where we don’t have this kind of problem. Open carry and no CCW required but available if you want. Why would i even think of leaving here. Being retired, the pacific NW while beautiful, i will never go back there. to many loony toon people living up there as we’ve seen in the past couple of years. Voters, you get what you vote for.

  4. I live in MA. we have been dealing with this sh** for years!!! good luck Oregon your going to need it just see what comes next!!

  5. Citizens of blue states, you need to leave if you hold any beliefs related to constitution and gun rights. Move to Red States. There are fights going on in red states too and we need support. I am afraid places like NY, CA, OR and WA are a lost cause. If we are spread to thin we won’t beat back all of these stupid ideas.

  6. Folks, I lived in Santa Cruz CA when the state banned ‘assault guns’. Actually you could keep thwm but had to register with the DOJ, and we were told the buck stopped there. Nobody anywhere else would have the information. I was stupid and registered, and I had a large collection. HK94 AK47 AR15, etc etc etc. About 2 months after registering, I found out that only something like 18,000 idiots had actually registered then I got a knock on the door from the local police
    ME: Can I Help you officers? FUZZ:Sir we have a list of registered non standard weapons and were her to inspect them. ME: Seriously? What makes you think I own any guns? (Remember the DOJ said info wouldnt be given out) They looked at each other and before they spoke I said “You have a warrent?” They replied no. I said “Officers I respect the police. I support the police. I have close friends who are fuzz but (I felt bold) get the hell off my property and never come back.” That caught them off guard and one laughed. They left. I then moved to Oregon to get away from the leftist demo bleeding heart state. But, as you all see, I couldnt stop them from following and now the 25 through 45 something libbies have turned us into another Kalifornia. Portland used to be a beautiful place to live. It aint now. Where does an old guy like me go now? Its plain to see that fellow Republicans are standing around letting the left trash clean our clocks.

  7. Washington is no different as far as being radical when it comes to “ gun control” and Wa and Or are just part of the evil anti 2nd amendment state called California. I can’t even get the oem designed 12 round magazine that came with my pistol in the first place.
    I hope no police enforce this law because it’s not just wrong it’s pointless and a waste of resources.

  8. Today, 11-19-2022, went to my local gun store and the NICS system in Oregon had crashed with (reportedly) over 18,000 purchase requests and nobody knows when it will be back. Even with concealed permit it is taking a week in most cases to get the check finished.

  9. The communists come to power by deceit and lies and remain there by force- The proponents of this legislation know full well the implications of it- A disarmed society at the mercy of a tyrannical Marxist Government. Here in Michigan with a complete Leftist take over of our legislature it is sure to pass Red Flag and mag bans at least-
    The voter ultimately is to blame for loss of personal freedom for the promise of safety which will not exist for anyone despite this misguided law.
    But it is one small step to complete civil disarmament- And if folks continue to vote this way, in just a few years hence not only will the 2nd amendment be trash but the First as well!
    Lord save us from ourselves!

  10. First off, Measure 114 violated the single subject rule of the Oregon initiative process. There arer at least 3 different subjects in this measure. The Secretary of State should have noticed this and threw it out, but since she is as anti-gun as the day is long, it would up on the ballot. There were also questions in regards to signature gathering on IP17, but again this was glossed over by the secretary of state. Measure 114 is absolutely unconstitutional. It violates the Oregon Constitution, It violates the 2nd, 4th, 5th, and 14th amendments. Measure 114 violates 18 USC 241 and 18USC 242. Measure 114 violates the SCOTUS Heller ruling. Finally, Measure 114 violates the recent SCOTUS Bruen ruling in that Measure 114 does not, and can not pass the text, history, and tradition of the 2nd amendment as put forth by SCOTUS.

  11. As a FFL holder I was rather worried months back, that people would not know what they were voting for . Covid made a mess of the FICS / Background checks in those months, slowing purchase and delivery longer. Now measure 114 will destroy businesses and your rights, within the 2nd amendment we all have. I told everyone I could, that this was coming and join to fight for your rights. Enough is enough.
    I left Oregon for these and many other reasons, that have made it a BAD place to live in many parts of Oregon. The past and new leaders like Brown and Kotek will allow politics and State government to steal your Constitutional Rights in that state for ever.
    The criminals behind the trigger, whom do those horrible things, are now part of Government in Oregon and many more states coming, to use that on those that do not stand up for yourself. We didn’t do that, but we will pay for that.

    I hope you can beat it, but everyone needs to help. Work to stop the bleeding happening to your Rights in a Place we called home for 39 yrs..

    Whose next, you’ve seen what they do to people at the Supreme Court, we’re all next

  12. With the short attention spans of these woke joke left-tards here in Oregon I’m seeing how this got passed. Anything more than a 15sec read and they’re overwhelmed. Literal hoards of indoctrinated Portland area uninformed individuals read “gun-control,””oh that sounds like a “good” thing, who needs a gun anyway?!””We can just shame them and cancel them with our iPhone videos!”.

    You have enough of those people show up to vote and it gets through. Clearly their mothers killed the babies and raised the placentas.

    Where is Oregon going to get the space to house a million magazine capacity violators? Who will do their white/blue collar jobs while they’re incarcerated? What happens to the overall Oregon economy if they do find a way to house us all? There are much bigger potential losses not being considered by enforcing even portions of this bill. Maybe they’re counting on funding this through the backdoor from excessive citation costs… Then we become the criminals that can’t legally own a firearm. Full circle. Columbo out..

  13. Isn’t this law racist and aimed at the poorer people in society? After the black people were set free, they became legal citizens and able to own firearms to protect themselves. Isn’t this law taking a right away from them. Infringing on blacks and poorer people’s rights to even own a simple revolver or single shot shotgun? This is infringement and illegal. It will not stand scrutiny in the Supreme cout. Many will die before that judgement, not being able to protect themselves.

    Secondly, possession of mags over ten rounds is illegal. There is NOT a provision for being grandfathered in under this law. This is not just for buying after the law goes into effect, but possession of any kind. No time frame. Pictures dated or not won’t work.

  14. Who gives another person the right to infringe on my right to defend myself in this once great American country ?
    Where is America the great ? My citizenship means a great deal to me as it should to all fellow American citizens !

  15. Wait a minute. Oregon refuses to recognize other state regulations and the United States Constitution, then why are other states recognizing Orgegan same-sex marriage laws? The second amendment is in the bill of rights and marriage laws in the tenth amendment as the right of a state to decide. Maybe we should consider returning to the constitution instead of a so-called fair and balanced congress.

  16. I live in Oregon and we the people fought long and hard over this law . It requires the permits and classes before you can buy a gun from anywhere ,gun shows and private party sales included. Why these Groups are sitting on the sidelines and waiting to protect our Second Amendment rights is beyond me . I was going to order a new gun prior to this law but because of Shipping and waiting periods I could not take possession of the gun before December 8 th the date this law will go into effect . Which mean I can’t take possession of the gun until I get my permit and pay the fees which they have yet to decide who will teach the class and how much they will cost . Oh and did I mention you have to get a new permit every two years ? Oregon Sheriffs are already refusing to not enforce the magazine portion of this bill and lawsuits should already being filed against this bill in Federal Court . How they implement this bill will not make it any less of an infringement on our 2nd Amendment rights.

  17. Oregon has become so WOKE, it’s pathetic. Most of the. People who voted on 114 are just common sense Stupid. Good luck protecting yourself with your I-phone

  18. I’m from Oregon and this measure passed by a very small fraction. The decision to implement was due to a couple of Portland counties with the entire state essentially saying no. 50.3% vs. 49.7%. Many who voted for were clueless about the ramifications and were uneducated, thinking it was only for backgrounds, not realizing that everyone who purchases, go’s through a detailed background.

    In the end, donate to the supporting Orgs of your choice to ensure this doesn’t come to your State. I believe that is what they are trying here. It will get defeated on it’s merits due to it’s unconstitutional actions against the 2A however, in Oregon (Portland really) you just never know what they are trying to pull.

    In addition the SOS is implementing prior to the certification of the measure due to the massive amount of requests to purchase a firearm. Thousands of backgrounds are pending as Oregonians flocked to gun shops to buy.

    This measure doesn’t make anyone who is following the law with firearms safer.

  19. I was against this piece of trash from the beginning back when it was IP17! And NO its not being implemented on Jan. 15th its going into effect on Dec. 8th! As of yesterday 11/18/22 there were 17,000 applicants in line for the Oregon State Police background check. As long as you’re app is in before Dec. 8th you will not have to have a purchase permit. If you have magazines over a 10+ capacity many Oregon Sheriffs will not be prosecuting those found in possession of them. This measure was only passed in 6 counties and state wide by only by a 26,000 vote margin. Don’t put down the anti-gunners! Educate them! They’re being told lies and theyre using dead kids to push this crap! This will not stop school shootings. Only implementing better safety protocols and lockdown equipment will help our schools. Welcome to Commifornegon.

  20. I was against this piece of trash from the beginning back when it was IP17! And NO its not being implemented on Jan. 15th its going into effect on Dec. 8th! As of yesterday 11/18/22 there were 17,000 applicants in line for the Oregon State Police background check. As long as you’re app is in before Dec. 8th you will not have to have a purchase permit. If you have magazines over a 10+ capacity many Oregon Sheriffs will not be prosecuting those found in possession of them. This measure was only passed in 6 counties and state wide by only by a 26,000 vote margin. Don’t put down the anti-gunners! Educate them! They’re being told lies and theyre using dead kids to push this crap! This will not stop school shootings. Only implementing better safety protocols and lockdown equipment will help our schools. We never thought we’d see it but here we are in Commifornegon.

  21. Suddenly it’s actually Dec 8 that the law goes into effect rather than Jan 15: https://www.oregonlive.com/politics/2022/11/oregons-strict-new-gun-limits-under-measure-114-go-into-effect-even-sooner-state-says.html

    This is sure to add to the chaos. I have a gun-owning attorney friend who is recommending taking dated pictures of all magazines to be able to prove you had them ahead of the ban (because who saves receipts for magazines?). I’m curious how things have gone in WA. I go to a range there fairly regularly and keep forgetting they even have a ban.

  22. This law will actually increase crime in the means that since purchasing a gun or high-capacity magazine will be limited to only those that can truly afford the costs of permitting, to include the cost of the safety class. The law will restrict sales to only those that can afford all the fees placing low-income families in harm’s way.

    This law will not prevent criminals from obtaining a gun or high-capacity magazine, as they will start seeking other avenues and home theft will be on the raise, which will most likely involve the homeowner to intervene risking their life.

  23. I am NOT fan of these types of gun laws. Which is one reason why I moved from CA to TX. I’m totally fine with a background check, but restrictions on magazines is dumb. So. I can’t have a standard 30 round mag, but I can have three 10 rounders?? And the police get to decide who can have a firearm, and then require citizens to PAY for a permit??! WTF

  24. Another over reach by the left when they need a firearm to protect them selves it becomes personal it’s to late. Ask the victim if she had a firearm if the outcome would have been different?

  25. Im still shaking my head and wondering if I will have to leave my home of 56 years to move away from this madness! The lib tards out number us in the big cities and we will never defeat this agenda until we start electing the right leaders and Oregonians start using that mass on thier shoulders for more than a hat rack.

    RD in Lowell

  26. On October 16th I attempted to purchase a Glock 26 online and was informed by the FFL transfer dealer (whom I worked with on another firearm transfer just last month) that they would not be able to process my order because of the new legislation. I tried to switch delivery to another local FFL and was told the same. Will be contacting other FFLs throughout the state today but it’s looking like all firearm sales in Oregon have come to a screeching halt. This is totally wrong and cannot be allowed to stand.

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