State asks for delay on small portion of gun control law, OACP issues statement
By Terry Murry on Monday, December 5th, 2022 in Columbia Basin News More Top Stories
SALEM – The Oregon Department of Justice is asking U.S. District Court Judge Karin Immergut to postpone by two months the portion of the state’s newly-passed gun control law that requires in-person training. The DOJ states that’s because both the Oregon Chiefs of Police Association and the Oregon State Sheriff’s Association say they will not be able to process permit applications as soon as Dec. 8.
The DOJ reiterated that it believes other parts of Ballot Measure 114 should go into effect as scheduled. That includes the process for applying for permits, the restrictions on large-capacity magazines, and that background checks must be completed (not just requested). The background check requirement ends a loophole that allows a gun sale to proceed after three days, even if the background check has not been completed.
“Postponing the permit requirement by approximately two months should give Oregon law enforcement time to have a fully-functional permitting system in place,” Attorney General Ellen Rosenblum stated. “If Judge Immergut agrees to the postponement, then starting in February anyone who purchases a gun in Oregon will be required to have a permit.”
In the letter to the judge, lawyers for DOJ noted that no one in the state will be able to complete the in-person firearm safety training required by the measure on Dec. 8. The letter also discusses other practical difficulties faced by law enforcement.
The letter, which also indicates a fourth court action against Ballot Measure 114 has been filed, can be found at https://www.doj.state.or.us/wp-content/uploads/2022/12/ag_letter_to_the_court_114_ecf_34.pdf.
The Oregon Association of Chiefs of Police has issued a release detailing the problems faced by the passage of the ballot measure:
SALEM – In the time since Oregon voters passed BM 114, the Oregon Association Chiefs of Police (OACP) has received numerous inquiries about how and when the measure will be implemented. We, and our 125 member agencies, are committed to following the rule of law and are doing everything we can to meet the requirements set forth in this measure. It is a challenge. BM 114 is scheduled to take effect on December 8th, yet the infrastructure, processes and resources necessary to make that happen do not exist.
We know legal challenges to BM 114 are underway and we affirm that the authority and responsibility for determining whether a law is constitutional is the exclusive jurisdiction of the courts. In the meantime, law enforcement agencies are responsible for fully implementing the measure unless and until a court issues a stay (suspending the measure while they deliberate) or declares part, or all, of the measure unconstitutional.
After the passage of BM 114, OACP began working quickly and collaboratively with Oregon State Police and the Oregon State Sheriff’s Association to implement a cohesive permit system as soon as possible. Here is what we know so far:
- 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.
For these reasons and many others, OACP believes there is no way an operational permit system will be in place by December 8th or in the near future. OACP supports the motion made in federal court for a preliminary enjoin of BM 114, and we have submitted a declaration to the court outlining the obstacles and challenges as we see them with implementing this measure in such a short period of time. The full text of the declaration is attached.
In response to declarations from OACP and our partners at the Oregon State Sheriffs’ Association, we understand that the state is agreeing to concede to a stay on the M114 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.
