While he doesn’t necessarily like it, Lincoln County Sheriff Curtis Landers said Tuesday he will enforce Oregon’s newly-passed Ballot Measure 114 that institutes new rules on gun permits and possession – if and when it takes effect.
The measure passed 51 percent to 49 percent statewide, with voters in Multnomah, Washington, Lane and Benton counties providing enough of a margin to overcome the 29 counties that rejected it. Lincoln County was one of seven Oregon counties that voted in favor of the measure, although narrowly — 13,148 to 12,338.
One of the nation’s strictest gun-control measures, Measure 114 bans the sale of firearm magazines with more than 10 rounds and requires safety training and a permit for purchasing a gun. Its narrow passage in last week’s election was applauded by gun-control proponents who say it can help curb a rise in gun violence and was derided by gun-rights advocates who claim it infringes upon their Second Amendment right to bear arms.
Landers said Tuesday his office is preparing for the law to take effect Jan. 15, but expects there will be legal challenges that delay its implementation and enforcement.
On Wednesday, the Oregon Secretary of State’s office has said the new law will go into effect Dec. 8 — not Jan. 15 as originally thought.
“I have also been asked if our office plans on enforcing the law,” Landers said in a statement released by his office Tuesday. “Yes, we do plan on enforcing the law if it is ruled constitutional by any court challenge. While I may not agree with Measure 114 and was openly against it prior to the election, I have sworn to an oath to uphold the laws of this state, regardless of my opinion.”
The legal landscape has changed significantly since supporters first drafted Measure 114. Court challenges to one of its provisions, a ban on large-capacity magazines, are pending in California and Washington and the outcomes in those cases could provide guidance to Oregon as the state drafts rules to put Measure 114 into practice, legal observers told The Oregonian after the election.
Sheriffs in Linn, Union, Jefferson, Wallowa and Klamath counties have already said they will not enforce portions of the measure, should it take effect. Landers disagrees with that approach.
In his statement Tuesday, Landers explained that:
- Oregon State Police is responsible for providing a standardized application for Sheriff’s Offices and Police Departments to use. Once this application is finalized, it will include the updated requirements added through Measure 114.
- The language in the law is comparable to the current state concealed handgun license process, with some distinct differences in permit requirements. The purchase permit requires a training course similar to the concealed handgun license process, but this law requires a demonstration to load, unload, store, and “fire” the firearm. However, most concealed handgun license courses currently do not include “firing” the firearm.
- A person will not be able to purchase a firearm with a concealed license alone but will need to go through the permit process. The permit will be valid for five years. The law applies to private transfer of firearms as well. There are limited exceptions listed and apply mostly to transfer between relatives, Lander said.
- The law also has a provision for restricting the capacity of the magazine to 10 rounds. People can purchase and keep higher capacity magazines until the law goes into effect if they have proof they were purchased before Jan. 15, 2023.
Landers said he has also been asked if his deputies “will be going door to door asking if you know about this law, if you have high-capacity magazines.”
“No, we will not be doing this, just like we do not go around asking if you have a fully automatic firearm — which is currently illegal unless you have a permit,” Landers said. “However, if we learn you have violated the law we may take action, just like we are responsible for doing for any other crime.”
Measure 114 most certainly will end up in the SCOTUS. As this law was said to curb gun violence, it only limits gun purchasing and does nothing to address gun violence as it was touted to do. Saying it will do so by stopping purchases and creating a data base only limits purchases on legal owners. Criminals and people with mental health problems are not addressed at all in this measure. This Measure is badly written and violates the 2nd Amendment. Also a huge waste of Law Enforcement time and Massive waste of Tax Payers money.
Measure 114 is a redundant, overreaching, and stupid law that is going to cause way more problems than it solves. Hopefully a lawsuit gets filed and the whole thing gets thrown out for being unconstitutional.
“I have sworn to an oath to uphold the laws of this state, regardless of my opinion.”
It’s funny how he seems to forget that he also swore an oath to uphold the Constitution first and foremost. Unconstitutional laws get passed by tyrants all the time and there are clearly parts of this law that are unconstitutional, such as magazine capacity restrictions, which Duncan v. Bonta will affirm once it finishes playing out.
Then there’s this little gem: “People can purchase and keep higher capacity magazines until the law goes into effect if they have proof they were purchased before Jan. 15, 2023.”
It’s also complete insanity to expect someone to have receipts for something that was completely legal when they purchased it but has now been rendered illegal with the stroke of a tyrannical pen.
If this sheriff had any courage he would honor his oath to the U.S. Constitution and refuse to uphold the clearly unconstitutional elements of this horrific law.
The other commenters seem to have overlooked the ‘well regulated’ part of the Second Amendment.
A pooly written law that will have zero effect on mental violence. Criminals do not obey laws. This only infringes constitutional rights of law abiding citizens.