Editor's note: In November, voters will be presented with four statewide ballot measures. This article deals with Measure 114 which was referred to the people by the citizens' initiative process.

Despite its length, the text of measure 114 leaves several questions unanswered -- most prominently, its constitutionality. The measure is sponsored by Walter John Knutson III, Michael Z. Cahana, and Marilyn Keller all of Portland.

The measure bans “Large-capacity magazines,” which it defines as "a fixed or detachable magazine, belt, drum, feed strip, helical feeding device, or similar device, including any such device joined or coupled with another in any manner, or a kit with such parts, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition and allows a shooter to keep firing without having to pause to reload." A similar ban, enacted in California and other states, has been found unconstitutional by the US Supreme Court. But what few people understand is that the magazine ban will outlaw almost all sporting and home defense shotguns because the magazines that are built into the the guns will be banned.

The measure requires applicants to have a permit to purchase a firearm. The applicant must provide "proof of completion of a firearm safety course as defined."

The training includes live fire. According to the text of the measure, the training must include, "In-person demonstration of the applicant’s ability to lock, load, unload, fire [our emphasis] and store a firearm before an instructor certified by a law enforcement agency. According to Oregon Firearms Federation Executive Director Kevin Starrett "there are virtually no facilities that will be available for this training. For first time gun buyers this could well require that you have a gun before you can get a permit to buy a gun."

One proponent of the measure, John Hummel, the District Attorney for Deschutes County, has claimed that the “live fire” portion could be done with no ammo or with toys.But the measure specifically says that part of the training could be done separately from the rest of the class which could be online. Clearly there would be no need for that if the requirements could be met with toys. Though the measure is so badly written it includes references to Oregon Statutes that do not exist and even its drafters say it needs to be fixed by the legislature, Hummel called it “perfect.”

In interviews with the editorial boards of the Oregonian and Willamette Week, the proponents repeatedly stated they do not want people who commit violent crime to be incarcerated, and in fact the measure does not contain a single word about holding criminals accountable for their crimes.

A D V E R T I S E M E N T

A D V E R T I S E M E N T

Another troubling feature of the measure is a requirement for a public database of anyone who applies for a permit to buy a gun. That would include victims of rape and domestic abuse.

"The measure only allows those approved by police to provide the required “training” to apply for a permit, Starrett continued. "Police in Oregon are underfunded and understaffed. There is no plan in place to actually provide any training and virtually no police have the facilities or manpower to provide classes. Police in urban areas are already not responding to most violent crimes. Police in rural areas are spread thin and rarely have the facilities for the required class."

Oregon State Sheriffs Association Executive Director Jason Myers expressed similar concerns. “If this measure does become law, OSSA will work to address the training requirements as we can within our resources, and we will certainly help local Sheriffs to the extent possible with providing training, but it is going to be nearly impossible to provide adequate training facilities and staffing without significant state funding assistance.”

Measure 114 will appear on the ballot this fall for adoption or rejection by the voters.


--Staff Reports

Post Date: 2022-10-17 06:34:54

Last Update: 2022-10-15 17:32:37