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.

Victory In Oregon: Closing The "Boyfriend Loophole"

This week marks another great victory for gun regulation in the state of Oregon.  Governor Brown signed into law House Bill 4145.

The crowd as Governor Brown signs HB4145

In Oregon, it was already illegal for someone to own or possess guns if they were convicted of domestic violence against spouses, former spouses, someone they cohabit with, unmarried parents of their child, someone they've had sexual relations with whom they are cohabiting with, or someone they are blood relatives with.  Seems pretty broad, right? 

Unfortunately, it excluded those who were simply intimate partners who didn't cohabit.  In other words, the abusive boyfriend who is convicted of stalking or abusing his girlfriend. Thus, the "boyfriend loophole."

HB 4145 closes this loophole. The bill also now mandates that local law enforcement is notified when a prohibited person attempts to purchase a gun and fails a background check.

According to the Oregon Health Authority:

• From 2003 to 2012,  256 people were killed in the context of intimate partner violence (IPV) in Oregon.
• Most homicide victims were women and children.
• More than 80% of female victims of intimate partner homicide were killed by their current spouses or boyfriends.
• Most male victims are killed by someone other than an intimate partner.
• Firearms are a common mechanism of death among IPV-related homicides.

“Today is a huge victory for Oregon families,” said Penny Okamoto, executive director of Ceasefire Oregon. “Convicted stalkers and abusers will no longer be able to purchase or possess guns. In addition, law enforcement now has the tools necessary to help prosecute prohibited purchasers who attempt to buy firearms illegally.”

Extremist pro-gun groups attempted to argue that a disgruntled girlfriend need only accuse her ex of abuse and his gun rights would be wrongly stripped from him. But that's a lie. They still have to be convicted of stalking or domestic abuse first.

HERE is a video of Governor Brown signing the bill into law outside the state Capitol, surrounded by hundreds of supporters including, in largest part, passionate teenagers who took off from their school day to show their support:



Both local and national gun control groups were pleased with the bill’s passage into law. “Today Oregon became a safer place to live,” said former U.S. Rep. Gabrielle Giffords. “Guns and domestic violence are a deadly, tragic mix, something that Oregonians know all too well.”

To learn more about this new law, and related statistics, please visit the Ceasefire Oregon page for it, here:  https://www.ceasefireoregon.org/bills/hb4145/ 

Our thanks goes out to the Governor, the sponsors and supporters of this bill. Together, we are making a new trajectory for our society away from gun violence.

Oregon legislators pass bipartisan bill to reduce suicide and domestic violence deaths

A statement from Ceasefire Oregon:

Today the Oregon legislature passed SB 719, the Extreme Risk Protection Order (ERPO) bill, which allows families and law enforcement to prevent tragedies by petitioning a court to temporarily suspend a person’s access to firearms and other dangerous weapons. The bill, cosponsored by Senator Boquist and Senator Burdick, is expected to be signed into law by Governor Kate Brown.

Oregonians now have an important tool to help reduce suicide, domestic violence, and shootings.

“People who are thinking of killing themselves or harming others often often show signs or declare their intentions well before committing the act. The first people to see those signs are often family members,” stated Joanne Skirving, president of Ceasefire Oregon. “An ERPO gives families and law enforcement a chance to intervene and perhaps prevent a tragedy. In Oregon, where suicide is 85% of all gunshot deaths, temporarily removing access to guns is especially important to prevent suicide.”

Washington state voters passed Initiative 14911, an ERPO law, in November 2016 by a 40 point margin (70% to 30%). Indiana and Connecticut2 also have versions of ERPO. In 2014, California passed AB 1014,3 called a Gun Violence Restraining Order, in response to a killing rampage earlier that year in Isla Vista.

Jenna Yuille of Americans for Responsible Solutions noted, “In 1999, Connecticut became the first state to pass a similar law and they've seen life-saving results. In the first 14 years of its implementation, police issued 762 orders, which helped save dozens of lives.4 We thank Senators Boquist and Burdick for their efforts to make ERPO a reality in Oregon.”

Once an ERPO has been filed, a court must find clear and convincing evidence that an individual is threatening harm to self or others, before the court can order the respondent to temporarily surrender any guns to the police. The respondent will not be able to buy, sell, or possess other firearms for a temporary period of time.

Penny Okamoto, executive director of Ceasefire Oregon explained the ERPO due process protections. “To protect the rights of the respondent, the bill establishes procedures for the respondent to request a hearing. The burden of proof is on the petitioner to show clear and convincing evidence.”  Okamoto added, “ERPOs are not to be taken lightly. False applications of ERPO or violation of ERPO is punishable by one year’s imprisonment, $6,250 fine or both.”

Passage of this bill has been a bipartisan effort across Oregon.

“Oregon continues to show that we can move past partisanship to find common ground when it comes to gun safety,” said Oregon Alliance for Gun Safety President Jenn Lynch. “Building on our bipartisan work in 2015 to address the nexus between domestic violence and gun violence, this legislation shows how leaders can move past political posturing to find real solutions to make our communities safer.”

Passing this bill is the culmination of work by many gun violence prevention advocates in Oregon including the family of Laura Magee, Melissa Keyser, Central Coast Ceasefire Oregon, Ceasefire Oregon, Americans for Responsible Solutions, the Oregon Alliance for Gun Safety, Gun Owners for Responsible Ownership, League of Women Voters of Oregon, Oregon Physicians for Social Responsibility, Oregon Brady Campaign, Pastor Mark Knutson, Rev. Lynne Smouse Lopez, Rev. Chuck Currie, Ecumenical Ministries of Oregon, Moms Demand Action, and Everytown for Gun Safety and thousands of individual gun violence prevention advocates across Oregon.

1. http://www.seattletimes.com/seattle-news/politics/extreme-risk-protection-order-initiative-1491/
2. https://www.thetrace.org/2016/09/gun-violence-restraining-order-suicide-reduction-connecticut/
3. http://smartgunlaws.org/californias-new-gun-violence-restraining-order-law/
4. Swanson, Jeffrey W. and Norko, Michael and Lin, Hsiu-Ju and Alanis-Hirsch, Kelly and Frisman, Linda and Baranoski, Madelon and Easter, Michele and Gilbert, Allison and Swartz, Marvin and Bonnie, Richard J., Implementation and Effectiveness of Connecticut's Risk-Based Gun Removal Law: Does it Prevent Suicides? (August 24, 2016). Law and Contemporary Problems, Forthcoming. Available at SSRN: http://ssrn.com/abstract=28288

2016 Election: Gun violence prevention laws make great strides in WA, CA, NV

The shocking outcome of the presidential election leaves many unanswered questions about what steps will be taken in the next four years at the presidential level to reduce gun violence. (CBS compiled a list of Donald Trump's policy proposals.) Ceasefire Oregon Action Fund and our sister organizations will continue to work at the national and state level to reduce gun violence.

Gun violence prevention initiatives in California, Washington and Nevada were successful. We congratulate our gun violence prevention colleagues for their excellent work!

-California overwhelmingly (67% to 33%)  passed Proposition 63, which prohibits high-capacity magazines and creates a court procedure to restrict prohibited people from buying firearms. 

-Washington overwhelmingly (71% to 29%) passed I-1491 which allows families of people in crisis to ask a judge to issue an extreme-risk protection order to temporarily prevent a loved one from having access to firearms.

-Nevada passed Question 1 which requires background checks for almost all firearm sales.

-Maine's universal background check initiative failed but garnered 48% of the vote.

Ceasefire Oregon Action Fund is thrilled to see so many progressives elected to office in 2016. We look forward to working with all the legislators to reduce gun violence in Oregon.

Thank you for your great support!