BALLOT MEASURE 114 AKA (IP17)

Ballot Title: Reduce Gun Violence

In realty this is “Reduce Gun Ownership”!

This ballot measure dramatically changes Oregon law relating to firearms by requiring Oregonians to: (1) Obtain a permit from the State Police to purchase firearms ($65); (2) Completed background check with fingerprints and photograph (3) Require applicant to successfully pass a Mental Health Evaluation (4) Requires Certified Firearm Safety Training (classroom and live fire at a designated range – with additional cost) (5) limiting the use, manufacture, sale, and purchase of large capacity ammunition magazines to 10 rounds. (6) bans tube shotguns (7) creating a data base of firearm permit holders which will be published annually.

Currently:

■ No permit required to obtain firearms.

■ Current Federal Law 18 yrs. old to purchase long gun (rifle or shotgun), 21 yrs. old to purchase Handgun. Oregon abides by federal law.

■ License required to carry concealed handgun.

■ State Police tracks background checks; no requirement for searchable database of gun purchases/ownership; may retain records for five years.

■ No required safety training, except for concealed handgun license or hunting license for youth.

■ Firearms cannot be possessed or purchased by prohibited persons.

■ Sheriff can deny concealed handgun license based on failed background check or

evidence that applicant poses danger to themselves or others.

■ Firearms can be sold/transferred without a completed background check if after 3 days the background check is still incomplete.

■ No restrictions on firearm magazines.

■ Violations of existing firearm regulations are Class A misdemeanors; repeat violations may be felonies.

Under Measure 114:

■ Buyers must have a permit to purchase * ** firearm from gun dealer, private seller or at gun show.

■ To obtain permit, buyer must:

First complete an approved firearm safety course * that includes review of relevant laws, safe firearm storage, prevention of abuse and misuse of firearms, Active shooter situations and hands-on demonstration of basic firearms handling and some form of qualification program. ** IP 17 states must be done by Oregon State Police (live fire training can be completed by a Law enforcement Agency instructor or Instructor certified by that law enforcement agency). **
Submit fingerprints, photo ID and be photographed by the department and pay application fee of no more than $65 for first permit* (Valid for five years) and $50 for extension or renewal.
Application may include other information determined necessary by department/administrative rules.
Undergo limited Phycological evaluation by Department personnel.
Pass criminal background check through State Police, be cleared to possess firearm.

Note:

* Would this be one permit for all or one permit for each type of firearm? i.e., Handgun, Rifle, and shotgun each would require separate training. Legislative amendment/clarification would be required if passed.

** Would require Legislative amendment or clarification if bill passes

■ Permits process must be completed within 30 days of application or permit application void.
■ Permits may be denied if applicant poses danger to themselves or others.
■ Establishes appeals process for denied, revoked or non-renewed permits.
■ Requires State Police to maintain electronically searchable database of permits,
information is exempt from public disclosure.
■ State Police will publishes annually permit data report; may gather and report other information to ensure permit process is administered in a “consistent and equitable manner.”
■ Sale/transfer of firearm to person without a permit is Class A Misdemeanor, repeat violations may be felonies.
■ Regulates “large-capacity magazines”: ***
“Large-capacity magazines” include fixed/detachable magazines (or functional equivalent) that can accept “more than 10 rounds of ammunition and allows a shooter to keep firing without having to pause to reload.”
Particular application to certain firearms set forth in measure.
180 days after passage, the manufacture, sale, use or possession of large capacity magazines is a Class A misdemeanor, except by:
■ Law Enforcement agencies and armed services in performance of their duties (off duty must comply with new law).

■ Individuals who own or later inherit large-capacity magazines, when used only on owner’s property, at official shooting ranges/competitions, while hunting consistent with applicable hunting regulations, and during transport to permissible location (if unloaded and secured separately from firearm and ammunition).

At any time, individuals may avoid criminal liability by turning-in large-capacity magazines through a law enforcement-approved buyback or turn-in program provided no charges are pending.

Note: *** Magazine capacity limit has been challenged in court and ruled unconstitutional. May require court challenge or Legislative amendment.

If stopped owner must be able to prove magazines were purchased before ban or were inherited, if unable to prove subject to criminal penalty.
■ Shotguns with tubular magazines would also be banned for sale as they could hold more than 10 rounds with the new mini “shorty” shot shells.

Class A Misdemeanor in Oregon is punishable by up to 364 days in jail, a fine of up to $6,250, or both.

Class C Felony in Oregon is punishable by a maximum of five years in prison, a fine of as much as $125,000, or both.