December 6, 2022
NSSF Statement on Oregon Measure 114 Update
WASHINGTON, D.C. — Today, a federal judge in Oregon stayed the implementation of Oregon Ballot Measure 114’s “permit-to-purchase” scheme after the State admitted in a letter to the Court on Sunday that it will not be able to implement Measure 114’s “permit-to-purchase” scheme by its effective date of December 8. The court entered an order delaying implementation for at least the next 30 days. Therefore, on December 8, Oregonians will still be able to lawfully exercise their Constitutional right to purchase firearms, and licensed retailers will not be forced to turn away customers or close their businesses.
However, the court denied an emergency motion to enjoin enforcement of Measure 114’s ban on the use, possession, manufacture or sale of magazines capable of holding more than 10 rounds of ammunition. That component of the Oregon Measure 114 will go into effect in two days.
NSSF respectfully disagrees with the court’s ruling. The court misapplied the U.S. Supreme Court’s recent Bruen decision, which set forth the proper analysis for evaluating laws that burden Second Amendment rights. The court incorrectly relieved the State of its burden to demonstrate that the restrictions in Measure 114 are “part of the historical tradition” of firearm regulations that existed at the time the Constitution was adopted. The court mistakenly placed the burden on the plaintiffs to prove a “need” for lawful self-defense. The court also engaged in the very interest-weighing analysis the Supreme Court expressly rejected in both its Heller and more recent Bruen decisions.
In a related state court case challenging Measure 114 as violating the Oregon State Constitution, a Harney County judge today enjoined the State from implementing any part of Oregon Measure 114 until at least December 13, when the court will hold a hearing on a motion for a preliminary injunction filed by the plaintiffs in that case.
NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations and publishers nationwide. For more information, visit nssf.org.