Oregon Ballot Measure 43 - Ban Assault Weapon And High-Capacity Magazine Sales

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.

Oregon Governor Kate Brown's Initiative To Reduce Gun Violence

A statement from Ceasefire Oregon...

Ceasefire Oregon is proud to be part of Governor Brown's new initiative to reduce gun violence.

Governor Brown's initiative includes:

• Prohibiting purchases of extended-capacity magazines. This type of ammunition enables shooters to fire 10, 30 or even 50 bullets before stopping to reload the gun.  
• Expanding the types of relationships that qualify under domestic violence by closing the "boyfriend loophole." This legislation will ensure that people convicted of certain domestic violence and stalking crimes will no longer have access to firearms. 
• Closing the Charleston loophole so individuals who should not own a gun are not able to buy one simply because authorities were unable to complete a background check in a few days.
• Strengthening existing law through executive order to give law enforcement the tools needed to track and analyze gun transactions.
• Establishing a work group to review and assess firearms-related domestic violence offenses.
• Directing the Oregon Health Authority, through executive action, to report annually on gun violence, its effect of public health and to recommend policies to reduce gun violence in Oregon.

In addition, Governor Brown calls upon Congress to end gun violence by:

• Banning assault weapons and extended-capacity magazines. (S. 4269)
• Strengthening anti-terrorist legislation so individuals on the FBI's watch list are prohibited from purchasing a firearm in the United States.  (H.R. 1076)

Governor Brown's actions are strong, positive steps we can take to stop the gun violence that we witness daily. Please call her office now at (503) 378-4582 to thank her. 

   

To stay up to date on the Governor's actions and to learn what you can do to stop gun violence, visit our website at ceasefireoregon.org and encourage your friends to do the same.

   

Working together, we can put an end to the scourge of gun violence. 

Addendum:  The transcript of Gov. Brown's speech can be found HERE.  You can find an additional fact sheet of Gov. Brown's "Oregonians United to End Gun Violence" announcement HERE.

Outlaw High-Capacity Ammo Magazines Now

High-capacity ammo magazines of more than 10 rounds are good for one thing only: killing large numbers of humans quickly.  It's what they were designed to do.  And they do it very efficiently.

It's overkill for self-defense.  I have yet to hear of a single case where that many bullets needed to be fired for home defense.

It's overkill for hunting.  If you can't hit your target in three rounds or less, hunting isn't for you.  Go back to plinking.  As one Vietnam veteran told me the other day, "You don't need that many rounds unless you're tryin' to kill the whole damned herd."

And then there's this recent analysis by Mother Jones magazine:  

"A Killing Machine": Half of All Mass Shooters Used High-Capacity Magazines

As lawmakers across the country and in the nation's capital debate possible restrictions on high-capacity magazines, one question emerges: Are these ammunition-feeding devices, which allow a shooter to fire many times without reloading, in fact commonly used by mass killers? We examined the data from Mother Jones' continuing investigation into mass shootings and found that high-capacity magazines have been used in at least 31 of the 62 cases we analyzed. A half-dozen of these crimes occurred in the last two years alone.  

In the shooting that injured Rep. Gabby Giffords in Tucson, Arizona, Jared Loughner emptied a 33-round magazine in 30 seconds, killing 6 and injuring 13. Inside a movie theater in Aurora, Colorado, James Holmes used 40- and 100-round magazines to injure and kill an unprecedented 70 victims. At Sandy Hook Elementary School in Newtown, Connecticut, Adam Lanza used high-capacity magazines to fire upwards of 150 bullets as he slaughtered 20 kids and 6 adults. 

"It turns a killer into a killing machine," says David Chipman, who served for 25 years as a special agent in the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Outlawing high-capacity magazines won't prevent gun crimes from happening, Chipman notes, but might well reduce the carnage: "Maybe 3 kids get killed instead of 20."

That's right.  Half of all mass shooters since 1984, in the 62 cases analyzed, have used high-capacity ammo magazines.  

They have a listing of those shootings at that link, and stats like the numbers killed and injured, the weapons used, and the size of the magazines used.

Without the high-cap ammo mags, there would have been no "mass" in mass shootings.

Here in Oregon, Senate Bill 346 will ban the sale or transfer of ammo magazines greater than 10 rounds, except by law enforcement or military.  It creates a crime of unlawfully transferring large capacity magazines, and punishes by maximum of one year's imprisonment, $6,250 fine, or both.

It's time to stand up for public safety and ban these devices of mass murder!


ADDENDUM:  Here are the stories of 151 of the victims from those mass shootings.

Statement from Ceasefire Oregon: Reinstate the Assault Weapons Ban

Ceasefire Oregon

A statement from Ceasefire Oregon, regarding the mass shooting in Aurora, Colorado, and assault weapons:

Ceasefire Oregon extends our deepest sympathies to the families of the victims and survivors of the mass shootings in Aurora, Colorado. To subject anyone to that horror is unconscionable. Today, our supporters are wearing red armbands to show our support and solidarity with those victims and with all victims of gun violence throughout the country.

James Holmes bought 6,000 rounds of ammunition by mail and unleashed some in a crowded theater in Aurora at the rate of 60 shots a minute, killing 12 people and wounding 58 others in a matter of minutes. With his assault weapon he used a 100-round magazine. We are sure that the survivors appreciate President Obama’s prayers and sympathy. But he needs to do more.

The sole purpose of assault weapons is to kill as many people as possible very quickly. The Tucson shooter was tackled when he stopped to reload; Holmes fired his assault weapon until the magazine jammed. Anyone who thinks that armed citizens firing their own weapons at Holmes’s battle armor in the darkened, smoke-filled theater full of panic would have saved lives just isn’t thinking straight. 

Right now, in this country, the best we can hope for is a law that bans assault weapons and large-capacity magazines. At least make them stop to reload. Give us a chance.

Ceasefire Oregon calls on both presidential candidates—Barack Obama and Mitt Romney—to speak out now, unequivocally, in support of immediate reinstatement of the ban on assault weapons and large capacity gun magazines. The men, women, and children who died scrambling to protect each other even as they fled Holmes’s murderous barrage showed the kind of courage our leaders need to emulate. It is time to stand up to the NRA and protect Americans by removing assault weapons from the marketplace.

Reinstate the assault weapons ban. Now. Before another domestic terrorist guns down our loved ones.

Image of protest from today, outside the Portland Convention Center

RELATED: An Associated Press news report about today's protest.

(image taken from HERE)

David S. Cariens: Now Suburban Denver: When Is The Right Time?

The following is a guest blog post from David S. Cariens, Jr., a retired CIA Intelligence officer who is the author of a book, A Question of Accountability: The Murder of Angela Dales, which examines the 2002 Appalachian School of Law shooting of the mother of Cariens' granddaughter in Virginia.  Mr. Cariens is also the author of an anti-gun violence blog, A Sense of Security, which examines the issue of gun violence in the United States, especially when it comes to school and university shootings, like Virginia Tech.  

The posting below is a cross-post from A Sense of Security, with his permission:

Following the Tuscon shooting that killed six and seriously wounded 12 others including Representative Gabriele Giffords, members of the Brady Campaign asked to meet with House Majority Leader John Boehner to discuss ways to curb gun violence. Boehner said that “now is not the right time.” On the fifth anniversary of the Virginia Tech shooting Brady Campaign officials asked for a meeting with La. Sen. Vitter to discuss a bill he had introduced making it easier for the mentally ill to buy guns. Vitter was too busy.

Congressman Boehner isn’t too busy to visit tanning booths and Vitter found time to frequent New Orleans prostitutes.

Now we have 12 dead and 58 wounded in a movie theater in suburban Denver. So when is the right time to discuss ways to keep guns out of the hands of convicted felons, convicted domestic abusers, terrorists, and mentally ill people who are a threat to themselves and others?

The guns rights advocates’ assault on the First Amendment rights of freedom of speech and dialogue with elected officials has been blistering and deadly. With rare exception, politicians are so afraid of the National Rifle Association they won’t even talk to people looking for ways to curb this epidemic of violence.

Following the massacre at Virginia Tech, a UCLA Professor Douglas Kellner monitored coverage on the Sunday news shows on all the major networks. The results debunked claims of liberal media bias. What he found was a feeding frenzy of right wing, pro-gun advocates. Only one gun control advocate spoke, and that was just for a few moments on ABC’s “Good Morning America.”

So, when will our elected officials respect the First Amendment as much as they fear the Second? When will they engage in a dialogue?

This Is How The Colorado Shooter Was Armed -- And Sadly It Was All Legal

When you picture someone who is dressed and armed for self-defense and conceal carry, what do you picture?  I picture someone dressed normal, except for a handgun strapped under their jacket or in a holster at their waist or in their purse.

When you picture someone who is dressed and armed for hunting, what do you picture?  I picture someone in rugged outdoor clothes, a hunter-red vest and hat, and a long rifle.

From the Denver Post online.

When you see the picture to the right, does this fit either of those images?

To the gun lobby, this picture is an image of "freedom" and self-defense.

James Eagon Holmes, the young man who opened fire on a crowded theater of men, women, and children, who killed 12, wounded another 58, and terrorized hundreds, and who set booby trap bombs all over his apartment, was dressed and armed like this, according to an article in the Denver Post today.

From the article (I've added bolding):

He also came dressed for battle, wearing a gas mask, a combat helmet, a ballistic vest and armor protecting his legs, throat and groin.

Law enforcement officials said Friday that they are investigating whether James Eagan Holmes, the 24-year-old suspect, was legally eligible to own all those weapons and combat gear. But they had found no evidence of a criminal history that would have prohibited him from buying the weapons used to massacre moviegoers at a midnight Batman premiere in Aurora.

His only run-in with police: an October 2011 speeding ticket.

Aurora Police Chief Daniel Oates said Holmes brought a pair of .40-caliber Glock pistols, an AR-15 military-style rifle and a Remington shotgun to the Century Aurora 16 complex, but it was unclear whether he used them all as he strode through the theater, shooting people apparently at random. One Glock pistol was found in his white Hyundai when police arrested him outside the car, he said. Oates said Holmes purchased 6,000 rounds of ammunition and multiple magazines, including a drum magazine able to hold 100 cartridges, from stores and on the Internet.

Oates also said investigators have not yet determined how many shots were fired or how many gun magazines were brought to the theater to carry out the midnight massacre.

But "many, many rounds were fired," he said.

According to one law enforcement source, the gunman could easily have shot police officers as they approached because of all his combat gear but sat calmly by his car instead.

The AR-15 is a semi-automatic version of the military M-16 rifle, first marketed for civilian sales in 1963.

Glock, an Austrian gunmaker, has become the leading seller of semi-automatic pistols to U.S. law enforcement agencies and offers a variety of .40-caliber pistols to civilians as well.

The Remington Model 870 is a U.S.-made pump-action shotgun used by the public for sport shooting and hunting and is often carried by law enforcement and military personnel.

Holmes purchased all of his weapons legally, passing background checks, and purchased the thousands of rounds of ammo online.

What do you think of when you see that image?  I think of military special forces or SWAT teams.  Yet everything he wore or was armed with was completely legal to purchase and possess in America.  In some places, such as Arizona, where unlicensed "open carry" is allowed, you can walk down the street dressed and armed this way, and there's not a thing the police can do to stop you.

Is this the cost of our "freedoms," as the NRA defines them?

It's time to put a limit on what dangerous people are able to buy in the United States.  It's time to re-instate the Assault Weapons Ban, prohibit high-capacity ammo clips, and better regulate large sales of ammunition and weaponry.


ADDENDUM:  For details about the guns used, see this article at The Truth About Guns blog.


UPDATE (8/5/12):  To the right is another graphic from a National Post article, which better illustrates the armament and ballistic equipment used by the shooter.

Bullet Trajectory is The Shortest Path Between Tucson and Norway

(Today we have a guest blogger:  Penny Okamoto.  Penny is a longtime volunteer and, until recently, Executive Director, for Ceasefire Oregon and the Ceasefire Oregon Education Foundation.)

Congresswoman Gabrielle Giffords courageously returned to Washington D.C. on August 1 to vote to avoid government loan default. The Congresswoman is making a remarkable recovery from an assassination attempt that left six dead and 12 others injured by Jared Loughner, a maniac wielding a Glock with high capacity magazine clips.

In Norway, just ten days before Ms. Gifford’s return to Congress, another maniac wielding a Glock with high-capacity magazine clips, Anders Breivik, sadistically gunned down 68 people.

Seventy-four people dead on two continents, killed with high capacity magazine clips bought legally from one country:  the United States.

It’s difficult to determine how many others worldwide have lost their lives to guns outfitted with high-capacity ammo clips between January and July, but seventy-four is an embarrassment to America.

If Congresswoman Gifford’s colleagues sincerely wish to help her and the victims of the Norway massacre then they should pass laws banning all sales of high-capacity guns and magazine clips.

Let’s put lives ahead of politics and pocket change.

Ceasefire Oregon and the Ceasefire Oregon Education Foundation send our deepest condolences to the victims of all gun violence.

[A related article: http://thecaucus.blogs.nytimes.com/2011/04/12/family-of-slain-giffords-aide-pushing-restrictions-on-ammunition/]