Measure 114
Updated: Dec 12, 2022
As many of our clients unfortunately know, Oregon passed of of the nation's most stringent gun laws in 2022. This bill started as IP17, then voted on as Measure 114. I want to preface by stating that this bill is patently unconstitutional, unworkable and the team at Oregon Gun Law will work hand-in-hand with other lawyers in challenging this Measure through the Courts. We have volunteered countless hours already, and we will not stop. Please stay tuned for ways you can personally assist with this legal battle, it will be a big one. For the time being, we want to clearly explain what Oregonians can and cannot do under Measure 114. At least until it is struck down.
When does Measure 114 go into effect? The Effective Date is December 18, 2022. So far, when the timelines begin: After Midnight, December 18, 2022.
So beginning on that date, and moving forward how will it change the lives of every gun-owning, freedom-loving Oregonian? Three Areas;
Firearms with Detachable Magazines
Firearms without Detachable Magazines
Hurdles for purchasing a Firearm
Magazine Limitations
No, you do not need to give up every firearm you own (not yet, at least), but depending on the type of firearm you own, you will be restricted on where you may carry or use it after the effective date. If you own any modern magazine, drum, or belt-fed firearm it is most likely that magazine is capable of holding more than 10 rounds. It is the Magazine that is prohibited, not the firearm. Any magazine that is capable of holding more than 10 rounds would only be permitted in three places so long as the magazine is transferred in a locked container separate from the firearm to and from these places.
On the property of the 'registered owner'
With a gun-smith for service/repair
At a public or private shooting range, competition, or event
This means any firearm carried in self-defense, or as a concealed handgun or long-gun could not have a magazine capable of carrying more than 10 rounds. If you currently have a magazine capable of holding more than 10 rounds (as almost every fierarm does) you would need to get a new 'complaint' magazine to use in your everyday carry.
**Any magazine would also have to be owned prior to December 18, 2022**
Firearms Without Detachable Magazines
Any firearm that is capable of holding more than 10 rounds is limited. This is specifically describing firearms capable of holding more than 10 rounds within the firearm itself. The Measure specifically excludes two types of firearms, which means these two types of firearms are not prohibited at all;
Tubular Feeding Device in a .22 Caliber Rimfire Firearm
Tubular Feeding Device in a Lever-Action Firearm
ALL OTHER ATTACHED FEEDING DEVICE FIREARMS ARE PROHIBITED
This will mean all shotguns that can hold more than 10 'mini-shells' or any other firearm that is capable of holding more than 10 rounds (any size) within itself. So where can you take these 'prohibited' firearms after the effective date?
The firearm would only be permitted in three places so long as the firearm is transferred in a locked container, because the 'magazine' cannot be removed and separately locked.
On the property of the 'registered owner'
With a gun-smith for service/repair
At a public or private shooting range, competition, or event
**Any firearm would also have to be owned prior to December 18, 2022**
How to prove ownership Prior to Effective Date?
Some real-world techniques to prove that you owned a now restricted magazine or firearm prior to December 18, 2022 would be the following;
Digital Photo of the item(s) with an identifying item (driver's license, CHL, etc). These digital photos when saved will contain meta-data which includes date/time/location of when the photo was taken. Obviously some data is subject to digital manipulation, but having a saved digital photo of the item(s) on a thumb-drive or saved in a cloud is a good way to 'prove' that you owned said item(s) prior to the effective date of Measure 114.
Physical Photo of the item(s). Again, potentially subject to manipulation, but the best idea our team could come up with would be to take a photo of the item(s) with an identifying item (driver's license, CHL, etc). You would then want to take that photo, print it out, and place it in a sealed envelope. Bonus points if the seal on the envelopes is signed and sealed by a public notary on. That makes for a more clear proof of ownership.
Obviously this measure puts the burden of proof on us law abiding citizens to prove that each now restricted item we own was owned prior to the effective date.
Hurdles for Purchasing a Firearm
Oregon will now require a wholly separate license to purchase a firearm, or a 'permit-to-purchase'. This process is not completed, and we do not know exactly how it will be implemented. This was repeatedly pointed in the M114 Debates Part 1 or Part 2. This new license will be required for any firearm purchase/transfer after the effective date. Meaning no-one can purchase a firearm unless and until they have received a 'permit to purchase' from local law enforcement (sheriff).
Stay tuned for future updates and information on Measure 114, the challenges, and the process to appeal this nonsense.
