2 weeks Ago
SALEM, Oregon — After the Oregon Court of Appeals' ruling that Measure 114 is constitutional , some in the Oregon Legislature are pushing for more gun control bills. Though voters narrowly approved the gun control measure in 2022, and a Harney County judge's ruling was overturned by the Oregon Court of Appeals, the law has yet to actually become effective due to a series of legal challenges that appear likely resume once again. While Measure 114 awaits a potential hearing before the Oregon Supreme Court, Democratic lawmakers in Salem are working on three gun control bills: one to lay the framework for implementation of Measure 114 and two others regarding gun sales.
The ouroboros of Measure 114 A quick refresher on Measure 114: It requires a gun buyer to pass a background check and complete a gun safety before acquiring a gun; it closes the "Charleston Loophole" which allows firearm sales to proceed if a background check takes more than three days; and it bans "high capacity" magazines, defined as magazines that can hold more than 10 rounds of ammunition. Recently, two Harney County gun owners have petitioned the Oregon Supreme Court to clarify Article 1, Section 27 of the state constitution, which establishes the right to bear arms. TIMELINE: Measure 114's long legal saga, and where it goes from here In any case, Measure 114 won't take effect immediately.
If the Oregon Supreme Court takes up the appeal, the law will likely remain on hold until the court reaches a verdict. However, if the Oregon Supreme Court denies the appeal — or takes it up but ultimately rules against the plaintiffs — Measure 114 would be allowed to go into effect. Even then, it's unlikely be the final word due to a parallel appeal in federal court.
The bills in question House Bill 3076 would lay the groundwork for a state licensing program for gun dealers. If it's approved, gun dealers would eventually have to be licensed by the state Department of Justice. Those licenses would last three years, and the Department of Justice would have to do an annual inspection of their business and impose penalties for violations of the law.
Supporters of the bill say there needs to be more oversight on gun dealers and that some of them are knowingly allowing guns to be bought for people who shouldn't have them — also known as "straw purchases." One of those supporters, the Alliance for a Safe Oregon, walked through such a scenario to The Story: "Somebody walks into a gun store with their girlfriend — they're not allowed to buy a firearm, it's pretty clear they're the one interested in the gun, they're asking all the questions — and the girlfriend purchases the gun. Then, later, law enforcement finds that gun at the scene of a crime, and it's been used in multiple shootings across our city.
Another example is somebody walks into a gun store in Klamath Falls; they buy 30 firearms with cash, and they traffic those guns to Mexico or Central or South America. "These are both examples of purchases that gun dealers can actually stop and prevent guns from ending up in our communities. But right now, there's a problem where they're not being held accountable for basic ethical business standards or safety standards.
" As of now, gun dealers only need a federal firearms license, a FFL, from the Bureau of Alcohol, Tobacco and Firearms (ATF). Oregon state Senator Anthony Broadman, of Bend, testified last month in support of House Bill 3076. "In central Oregon, our long tradition of firearm ownership is part of our culture," he began.
"For me and my daughters, guns are part of our family heritage, part of how we connect as a family passed down through generations for hunting, sport. I am a gun owner that also uses firearms for personal protection. "At the same time, we know that gun violence, gun suicide and gun accidents have torn our communities apart.
In 2022, as I comforted grocery store workers and ensured that our community was safe after somebody opened fire in our Safeway, it was clear that we need to co-exist and take a new approach." But opponents say another layer of bureaucracy is overkill. House Republicans sent The Story a statement, saying in part that House Bill 3076 adds "additional, unnecessary oversight to an industry that already follows extensive federal regulations, including background checks, ATF licensing and strict compliance laws.
" Rep. Greg Smith, who represents counties in eastern Oregon, added that it's not going to sit well with people out there. "I represent a district where my folks are just saying, 'Gosh, enough is enough.
Enough is enough. How much more are they going to do to us?'" he said. "Our folks in eastern Oregon are law-abiding citizens, our small business owners are law-abiding citizens, and the notion that we're gonna put .
.. those additional regulations on these gun shops is just going to be a huge, expensive burden that many of them just can't afford.
" House Bill 3076 passed out of committee last week along party lines, along with two other gun bills. Senate Bill 243 would impose a 72-hour "waiting period" on gun purchases. It would also ban "rapid fire activators," like bump stocks, that are attached to guns and enable them to fire more like automatic weapons.
It would also allow local government to adopt policies banning guns from public buildings. While supporters say it would help stop suicides and mass shootings, Republicans and other opponents simply don't see it that way. House Bill 3075 sets up the enforcement mechanisms of Measure 114 — essentially preparing for implementation if the measure clears all of its current legal hurdles.
It lays out how and where you get your permit to purchase a gun and why you could be denied; you'll also have to show that you did a gun safety training course required under Measure 114. RELATED: Oregon tops other West Coast states for firearm fatalities Meanwhile, in Washington This week, the Washington state Senate passed House Bill 1163 , which would require aspiring gun owners to qualify and buy a permit before being able to purchase firearms. First, the buyer would have to apply for a five-year permit from the Washington State Patrol.
In order to qualify, the person must have completed a firearms safety training program within the last five years, with some exceptions, and also pay a fee. Troopers would then issue the permit within 30 days — or 60 days if the person doesn't have a state ID. Democrats in the Senate passed the bill Monday on a party line vote, 29 to 19.
The original version passed the House last month on a 58-to-38 vote, but because the Senate added a few amendments, including delaying the start date of the program, the amended bill has to pass the House again before heading to Gov. Bob Ferguson's desk. If passed, the program would begin in May 2027 — but it's worth noting that this is as close as this idea has ever been to becoming law in Washington, as last year, a similar bill failed to make it out of committee.
Anthony Macuk contributed to the reporting of this story..
