A statement to Lincoln County community members from Sheriff Landers:
Our office has received several questions regarding the passing of Ballot Measure 114. I want to provide you with some factual information to help you understand the impacts of this measure. This is a very complex measure and has many issues to address. The measure will take effect on January 15, 2023. This is 30 days following the certification of the election by the Secretary of State. Could the measure be challenged and could a stay be issued? Absolutely, and we believe it will be. We are moving forward anticipating on January 15, 2023, this will be the law in our state.
The Oregon State Police is responsible for providing a standardized application for Sheriff’s Offices and Police Departments to use. Once this application is finalized, it will include the updated requirements added through Measure 114. The language in the law is comparable to the current state Concealed Handgun License (CHL) process, with some distinct differences in permit requirements. The purchase permit requires a training course similar to the CHL process, but this law requires a demonstration to load, unload, store, and “fire” the firearm. The CHL course can be substituted if it contains all the provisions, however, most CHL courses currently do not include “firing” the firearm.
A person will not be able to purchase a firearm with a CHL alone. They will need to go through the permit process. The permit will be valid for five years. The law applies to private transfer of firearms as well. There are limited exceptions listed and apply mostly to transfer between relatives. The law also has a provision for restricting the capacity of the magazine to 10 rounds. You can still purchase and keep higher capacity magazines until the law goes into effect if you have proof they were purchased before January 15, 2023. You can also use them under certain conditions. This portion of the law is currently being challenged in the State of California through the 9th circuit court as unconstitutional, which has jurisdiction over our state. The law is currently stayed in California and not in effect.
I have also been asked if our office plans on enforcing the law. Yes, we do plan on enforcing the law if it is ruled constitutional by any court challenge. While I may not agree Measure 114 and was openly against it prior to the election, I have sworn to an oath to uphold the laws of this state, regardless of my opinion. Does this mean we will be going door to door asking if you know about this law, if you have high-capacity magazines, etc.? No, we will not be doing this; just like we do not go around asking if you have a fully automatic firearm (which is currently illegal unless you have a permit). However, if we learn you have violated the law we may take action, just like we are responsible for doing for any other crime.
I know this law is very controversial and passed by a very narrow margin. The branches of government are very clear and law enforcement is in the executive branch with the duty to enforce laws. The judicial branch evaluates and interprets the laws as constitutional or not.
As previously stated, I believe this law will face challenges moving forward. Regardless of the future direction of Measure 114, I can assure you my office will be diligently working on solutions to ensure our law-abiding citizens have a pathway to continue lawful purchase and possession of firearms allowed by Oregon law.
Sheriff Curtis Landers