PORTLAND, Ore.– Thursday December 8th Measure 114 was supposed to become law in Oregon. Late Wednesday the Oregon Supreme Court denied the DOJ request to review a judge’s decision to prevent enforcement. The court ruled the Harney County suit pausing the gun control measure will stand. 4 lawsuits were originally filed.
December 6, 2022—
The Oregon Association Chiefs of Police released a statement today stating in part it’s doing everything they can to meet the requirements of Measure 114, this came in the form of a challenge. “The infrastructure, processes, and resources necessary to make that happen do not yet exist.” President of OACP, Chris Skinner held a press conference Monday.
The group says it’s aware of legal challenges to Measure 114 and that the group “affirms that the authority and responsibility for determining whether a law is constitutional is the exclusive jurisdiction of the courts.” Law enforcement agencies are responsible for fully implementing the measure unless and until a court issues a stay or declares part, or all, of the measure unconstitutional, the release says.
OACP says it continues to work with the Oregon State Police and the Oregon State Sheriff’s Association to implement a cohesive permit system as soon as possible.
In a statement from the OACP, It respond to the current status of the permit system.
- BM 114 makes each police agency in Oregon a “permit agent” for their respective jurisdictions. Currently, OACP is working with OSP and OSSA to create a permit-to-purchase system that meets BM 114’s requirements. But there is currently no system in place, and therefore no permits to purchase can be issued.
- There will be a financial burden to law enforcement agencies across the state to meet BM 114’s requirements. The revenue generated by the permits (limited to $65 for each permit) will not come close to fully funding the associated expenditures. Most law enforcement agencies don’t have the personnel or money necessary to fund this required program. This will likely result in other public safety resources being reduced to cover the costs of implementing a new permit program.
- BM 114 also requires permit-to-purchase applicants to provide proof of very specific training requirements. Some of these requirements can be completed online, but one requires a demonstration to be completed in person before an instructor who is certified by a law enforcement agency. We are not aware of any current training program that meets the requirements of Measure 114. OACP believes that every person wishing to obtain a permit, including our law enforcement officers, will first have to complete training that does not yet exist.
The OACP says it believes there is no way an operational permit system will be in place by December 8 or in the near future. OACP supports the motion made in federal court for a preliminary enjoin of Ballot Measure 114, and the group has submitted a declaration to the court outlining the challenges they see with them implementing this measure in such a short time period.
In a statement the OACP says it understands the state is agreeing to concede a stay on the Measure 114 permit to purchase process. “We ask for patience from those across Oregon as we get further direction from the court and the details of the stay. In the meantime, we will continue to work collaboratively with other law enforcement agencies to honor Oregon voters by working toward effective implementation.”
In part of a letter to Judge Karen J. Immergut from the Oregon Attorney General’s office it’s stated that “State Defendants will agree that implementation challenges require postponing implementation of one aspect of Measure 114. Specifically, the State agrees that the Court should enter an order providing a limited window in which Oregonians will be able to purchase firearms even if they do not have a permit, while also allowing Oregonians to apply for and be issued permits. Proposed postponement would mean that, while the permitting system is brought online, Oregonians who lack a permit will be able to purchase and transfer firearms. Meanwhile, the State and local law enforcement would continue to work towards implementing Measure 114’s permit provisions. Moreover, Oregonians would be able to begin the application process. When the Court’s order expires, Measure 114’s permit requirement for purchases would go into effect.”