Clergy members of all faiths, youth, advocates, and Oregonians who are gun owners and non-gun owners have come together as a coalition to stop the carnage in our schools, our streets, and throughout our country. The coalition, "Lift Every Voice," has one goal: to make the state a safer place for all Oregonians.
We have filed Measure 43 as a ballot initiative for the November 2018 election. Measure 43 would prohibit the future sale or transfer of semiautomatic rifles and large-capacity magazines. Any such firearms or ammunition, described clearly in the measure, owned at the time the act becomes effective must be registered with the state, sold out of state, permanently disabled or can be given to law enforcement for disposal. The same safety measures will be applied to large-capacity magazines, defined as a magazine that holds more than 10 rounds.
The ballot measure has been filed. Sponsorship signatures were turned in on Saturday, March 24. The push for 88,184 signatures will not begin until we have cleared any court challenges. At this time, we do not expect to be able to begin collecting those signatures until June. Until then, this is an "initiative petition" (IP 43).
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Frequently Asked Questions:
Will people be forced to surrender their guns?
No. People will be required to register the firearms and magazines described in Measure 43. The firearms and magazines may also be sold out of state, permanently disabled or given to law enforcement for disposal.
Is this Constitutional?
Yes. Seven other states (HI, CA, NJ, NY, MD, MA, CT) and the District of Columbia already have similar laws banning assault rifles.
Is this divisive or controversial?
No. A Quinnipiac Poll from last month (February 2018) showed that 67% of Americans support an outright ban on the sale of assault rifles. )
Why doesn’t the Oregon legislature pass this as a bill?
The Oregon legislature did not pass a similar bill (HB 3200) in 2013 after the Clackamas Town Center and Sandy Hook shootings. They have not been willing to address this issue since then.
How will this bill protect Oregonians?
When access to assault weapons is restricted, deaths due to mass shootings decrease. A 2014 study found that “both state and federal assault weapons bans have statistically significant and negative effects on mass shooting fatalities.” Everytown for Gun Safety, Assault Weapons Bans on Public Mass Shootings,” Applied Economics Letters 22, no. 4 (2014): 281-284, http://www.tandfonline.com/doi/abs/10.1080/13504851.2014.939367.
HERE IS THE CURRENT LANGUAGE OF MEASURE 43
The Campaign to Stop the Sale and Transfer of Weapons of War
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON:
SECTION 1. Sections 2 to 5 of this 2018 Act are added to and made a part of ORS 166.250 to 166.470.
SECTION 2. The people of the State of Oregon find and declare that a reduction in the availability of assault weapons and large capacity ammunition magazines will promote the public health and safety of the residents of this state.
SECTION 3. As used in sections 2 to 6 of this 2018 Act: (1)(a) “Assault weapon” means any:
(A) Semiautomatic rifle that has the capacity to accept a detachable magazine and has at least one of the following:
(i) Any grip of the weapon, including a pistol grip, a thumbhole stock or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing;
(ii) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;
(iii) A folding or telescoping stock;
(iv) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
(v) A forward pistol grip; (vi) A flash suppressor, muzzle brake, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle brake, or muzzle compensator;
(vii) A bayonet mount; or
(viii) A grenade launcher or flare launcher;
(B) Semiautomatic pistol, or any semiautomatic, centerfire or rimfire rifle with a fixed magazine, that has the capacity to accept more than 10 rounds of ammunition;
(C) Semiautomatic, centerfire rifle that has an overall length of less than thirty inches;
(D) Semiautomatic pistol that has the capacity to accept a detachable magazine and has at least one of the following:
(i) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;
(ii) A folding, telescoping or thumbhole stock;
(iii) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
(iv) The capacity to accept a detachable magazine at any location outside of the pistol grip; or (v) A threaded barrel capable of accepting a flash suppressor or forward pistol grip; 2
(E) Semiautomatic shotgun that has both of the following:
(i) Any grip of the weapon, including a pistol grip, a thumbhole stock or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing; and
(ii) A folding or telescoping stock;
(F) Semiautomatic shotgun that has at least one of the following:
(i) A fixed magazine capacity in excess of ten rounds; or
(ii) An ability to accept a detachable magazine;
(G) Shotgun with a revolving cylinder; and
(H) Conversion kit, part or combination of parts from which an assault weapon can be assembled if those parts are in the possession or under control of the same person. (b) “Assault weapon” does not include any firearm that has been made permanently inoperable.
(2) “Criminal background check” has the meaning given that term in ORS 166.432.
(3) “Department” means Department of State Police.
(4) “Detachable magazine” means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted into a firearm.
(5) “Fixed magazine” means an ammunition feeding device contained in or permanently attached to a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.
(6) “Large capacity magazine” means any ammunition feeding device with the capacity to accept more than 10 rounds or any conversion kit or combination of parts from which such a device can be assembled, but does not include any of the following:
(a) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds;
(b) A .22 caliber tube ammunition feeding device; or (c) A tubular magazine that is contained in a lever-action firearm.
SECTION 4.
(1) Notwithstanding ORS 166.250 to 166.470, and except as provided in subsections (2) to (4) of this Section 4, a person commits the crime of unlawful possession or transfer of an assault weapon or large capacity magazine if the person manufactures, imports, possesses, purchases, sells or transfers any assault weapon or large capacity magazine.
(2) Subsection (1) of this Section 4 does not apply to: 3 (a) Any government officer, agent or employee, member of the Armed Forces of the United States or peace officer as that term is defined in ORS 133.005 if that person is otherwise authorized to acquire or possess an assault weapon or large capacity magazine and does so while acting within the scope of that person’s duties; (b) The manufacture of an assault weapon or large capacity magazine by a firearms manufacturer for the purpose of sale to any branch of the Armed Forces of the United States or to a law enforcement agency in this state for use by that agency or its employees, provided the manufacturer is properly licensed under federal, state and local laws; or (c) The sale or transfer of an assault weapon or large capacity magazine by a firearms dealer licensed under 18 U.S.C. 923 to any branch of the Armed Forces of the United States or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes.
(3) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall, within 120 days after the effective date of this 2018 Act, without being subject to prosecution: (a) Remove the assault weapon or large capacity magazine from the state; (b) Sell the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2) of this section; (c) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction; (d) Render the assault weapon permanently inoperable; or (e) If eligible, register the assault weapon or large capacity magazine with the Department as provided in Section 5 of this 2018 Act.
(4) Any person who acquires an assault weapon or large capacity magazine, for which registration was previously properly obtained under Section 5 of this Act, by inheritance, bequest or succession, or by virtue of the person’s role as executor or other legal representative of an estate or trust, shall, within 120 days after acquiring title, without being subject to prosecution under this section: (a) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction; (b) Transfer the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2)(c) of this section; (c) Render the assault weapon permanently inoperable; or (d) If eligible, register the assault weapon or large capacity magazine with the Department and meet all of the requirements under Section 5 of this 2018 Act, except the time for registering shall run from the date of acquiring title.
(5) Any person who moves into the state and immediately prior to moving is in lawful possession of an assault weapon or large capacity magazine, shall, unless exempt under Section 4(2)-(4) of this Act, within 120 days:
(a) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction;
(b) Transfer the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2)(c) of this section; or 4
(c) Render the assault weapon permanently inoperable. (6) Unlawful possession or transfer of an assault weapon or large capacity magazine is a Class B felony.
SECTION 5.
(1) Any person seeking to register an assault weapon or large capacity magazine with the Department shall do so as provided in this section within 120 days after the effective date of this 2018 Act.
(2) In order to register an assault weapon under this section, the owner of the assault weapon must: (a) Submit to the Department, on a form approved by the Department, the owner’s name and address and the identification number of each assault weapon owned by the owner: (b) Be the lawful owner of the assault weapon prior to the effective date of this 2018 Act; and (c) Allow the Department to conduct a criminal background check of the person to confirm that the person is not a prohibited possessor under ORS 166.250.
(3) In order to register a large capacity magazine under this section, a person must: (a) Submit to the Department, on a form approved by the Department, the owner’s name and address and information sufficient to identify any large magazine owned or possessed by the owner; (b) Be the lawful owner of the large capacity magazine prior to the effective date of this 2018 Act; and (c) Allow the Department to conduct a criminal background check of the person to confirm that the person is not a prohibited possessor under ORS 166.250.
(4) A person seeking to register an assault weapon or large capacity magazine must submit evidence satisfactory to the Department to establish that: (a) The owner has securely stored the assault weapon or large capacity magazine pursuant to existing law and, in addition, as provided in any rules and regulations adopted by the Department specifically relating to assault weapons and large capacity magazines; (b) The owner possesses any lawful assault weapon or large capacity magazine only:
(A) On property owned or immediately controlled by the registered owner;
(B) On property owned by another with the owner’s express permission in a manner consistent with subsection (4)(a) in this section;
(C) On the premises of a firearms dealer or gunsmith licensed under 18 U.S.C. 923 for the purpose of lawful repair;
(D) While engaged in the legal use of the assault weapon or large capacity magazine, at a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting;
(E) At a firearms competition or exhibition, display or educational project about firearms sponsored, conducted by approved or under the auspices of a law enforcement agency or a national or state-recognized entity that fosters proficiency in firearms use or promotes firearms education; or
(F) While transporting the weapon in a vehicle as permitted in ORS 166.250 to one of the locations authorized under this statute.
