December 5, 2022 4:10 a.m.
The State of Oregon is seeking a postponement of some of the provisions in Oregon Ballot Measure 114 that require a permit to purchase a firearm.
A release issued Sunday night from the Department of Justice Office of the Attorney General said the measure passed on a majority vote of the people of Oregon in November’s general election. The release said the decision to make the request was made only after local law enforcement clarified that they would not be able to process permit applications as soon as December 8, when Measure 114 takes effect.
The DOJ’s letter explained that other parts of the measure should take effect as scheduled. That includes the process for applying for permits, the restrictions on large capacity magazines, and the requirement that background checks must be completed – and not just be requested – before firearms can be transferred. The letter said this fixes the “Charleston Loophole” – a gap in the federal system that allows a gun sale to proceed after 3 days, even if the background check has not been completed.
Attorney General Ellen Rosenblum said, “Postponing the permit requirement by approximately two months should give Oregon law enforcement time to have a fully functional permitting system in place. 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 their letter to Judge Karin Immergut, U.S. District Court for the District of Oregon, lawyers for the DOJ noted that leaders of the Oregon State Sheriffs’ Association and the Oregon Association of Chiefs of Police had submitted sworn statements to the court stating that, on December 8, no one in the state will be able to complete the in-person firearm safety training required by Measure 114. Their statements also discussed other practical difficulties that sheriffs and police who are responsible for handling permit applications under Measure 114, expect to face.
Judge Immergut is presiding over four cases, challenging the constitutionality of the ballot measure.
The letter from the AG’s office is linked: https://www.doj.state.or.us/wp-content/uploads/2022/12/ag_letter_to_the_court_114_ecf_34.pdf