Update from OSP about 114

[Zingularity]

That's exactly what it says. Oregon's Secretary of State won't certify official election results until Dec. 15. 30 days later Jan 15.

So the Secretary of State and OSP are BOTH in blatant noncompliance with state law? This is actually insane. How is that even possible?

 

[solv3nt]

So the Secretary of State and OSP are BOTH in blatant noncompliance with state law? This is actually insane. How is that even possible?

"Oregon"

 

[Lilhigbee]

Better watch out, I'm sure that's a hate crime of some sort.

How can it be a HATE crime when so many people would LOVE to see it??

 

[solv3nt]

How can it be a HATE crime when so many people would LOVE to see it??

I've been told that it's better to love than hate, so does that mean love triumphs over hate?

 

[Zingularity]

"Oregon"

If I were an OR resident, I would have the statute concerning effective date in hand, blowing up the phones of my reps, senators, the AG office, you name it. How is this forum not ALL OVER this part of it? All the talk on here about the confusion of 114 pales in comparison to this. If this letter from the Sec of State to OSP is real, we are talking about an utter breakdown in the rule of law.

 

[Member 53328]

Damn. So much for Jan 8th like many were hoping for. It's going to be close on a couple of my orders.

No joke. I got a rifle coming in next week. Let's just hope my instant approvals continue like they have been.

 

[Texanna]

I could swear I read somewhere OR law states that Ballot Measures go into effect 30 days after they are CERTIFIED, not 30 days after election day. Worth looking into and sending to OSP for correction.

Thank you, 100% worth looking into! I'm gonna look for this ....

 

[Greenscale]

No joke. I got a rifle coming in next week. Let's just hope my instant approvals continue like they have been.

Better hope it's going somewhere that's accepting transfers!

 

[HeavyfootHick]

You guys sound racist.

 

[ilikegunspdx]

Welcome to the State of Confusion, previously known as the State of Oregon.
Used to be a great state to live in …………..years ago.
It's not just the democrats that have fouled it up, ……..
blithering idiots….

 

[Member 53328]

Better hope it's going somewhere that's accepting transfers!

It is. Private FFL

 

[ilikegunspdx]

That's exactly what it says. Oregon's Secretary of State won't certify official election results until Dec. 15. 30 days later Jan 15.

That should be lawsuit #1, OR law says 30 days after certification, but secretary of a state (who runs the elections and should know the law better than anyone) says Dec 8. Seems to me that's a slam dunk injunction if the law says 30 days after certification (I have not read the law).

 

[solv3nt]

I was just looking, it says 30 days from the election, but fails to mention certification.

 

[Jay Walk]

KPTV reporting on this today



PORTLAND Ore. (KPTV) - Oregon State Police said they have seen an extreme increase in requests for firearm background checks leading up to and after the narrow passage of Ballot Measure 114 in the midterm election.

The measure adopts a permit-to-purchase gun law which goes into effect at 12:00 a.m. on Dec. 8, 2022.

The regulation stipulates that buyers of firearms must first obtain a permit from local law enforcement. Before being granted a permit, applicants must submit to fingerprinting, pass a background check, and complete a safety training course. The law also outlaws magazines with a capacity of more than ten rounds.


The ban on large-capacity magazines would not apply to current owners, law enforcement or the military.

Proponents of the measure say it would reduce suicides — which account for 82% of gun deaths in the state — mass shootings and other gun violence.

Opponents, including the left-wing Socialist Rifle Association, say it would infringe on constitutionally protected rights and could reduce gun access among marginalized communities and people of color if law enforcement agencies are the arbiters of the permitting process. They also say permitting fees and the cost of the firearms course could also be barriers to access.

 

[PDXbiker]

I was just looking, it says 30 days from the election, but fails to mention certification.

Read through this. There is a paragraph on the deadline confusion

Oregon gun sales skyrocket after gun control Measure 114 passes

The week of Oct. 30, the state police received 8,609 requests for gun background checks on prospective buyers. In the following election week of Nov. 6, the requests more than doubled to 18,065, according to Capt. Stephanie Bigman, a state police spokesperson.

www.oregonlive.com

 

[solv3nt]

Read through this. There is a paragraph on the deadline confusion

Oregon gun sales skyrocket after gun control Measure 114 passes

The week of Oct. 30, the state police received 8,609 requests for gun background checks on prospective buyers. In the following election week of Nov. 6, the requests more than doubled to 18,065, according to Capt. Stephanie Bigman, a state police spokesperson.

www.oregonlive.com

Yeah. I read that. But 30 days after it's elected is definitely 30 days after certification.

 

[DragoonCabbage]

Can't FFLs exercise their discretion and release firearms before December 8th? I understand that they wouldn't want to make this a universal policy but if you were well known to the proprietors or had completed another recent transfer with them, it would be a sensible approach.

 

[Zingularity]

Read through this. There is a paragraph on the deadline confusion

Oregon gun sales skyrocket after gun control Measure 114 passes

The week of Oct. 30, the state police received 8,609 requests for gun background checks on prospective buyers. In the following election week of Nov. 6, the requests more than doubled to 18,065, according to Capt. Stephanie Bigman, a state police spokesperson.

www.oregonlive.com

"Ben Morris, a spokesperson for the Secretary of State's Office, said the confusion may have stemmed from this year's change allowing ballots to be post-marked on Election Day Nov. 8 and counted if they arrived within seven days of the election. That pushed back the state deadline for the vote to be officially certified to Dec. 15, creating the unusual circumstance of having a ballot measure's effective date -- Dec. 8 -- fall before the deadline for vote certification."

That makes zero sense - either someone needs to explain like I'm five, or we still have a HUGE issue here. Also need someone to post a link to the statute/law itself.

 

[ilikegunspdx]

"Ben Morris, a spokesperson for the Secretary of State's Office, said the confusion may have stemmed from this year's change allowing ballots to be post-marked on Election Day Nov. 8 and counted if they arrived within seven days of the election. That pushed back the state deadline for the vote to be officially certified to Dec. 15, creating the unusual circumstance of having a ballot measure's effective date -- Dec. 8 -- fall before the deadline for vote certification."

That makes zero sense - either someone needs to explain like I'm five, or we still have a HUGE issue here. Also need someone to post a link to the statute/law itself.

Exactly, the initiative violates OR law (if law says date is 30 days after certification). Secretary of State has to pull their head out or be forced to do so in court.

 

[SonicBlue03]

Per OSP on an inquiry:
"
Thank you for reaching out to OSP with your questions. OSP is currently working with our legal counsel to understand the impacts that BM114 will have on firearms transactions that were initiated prior to December 8th​ but are in a pending status. Once we understand how the new law will affect those pended transactions, we will communicate with both the individuals and the gun dealers where they initiated their purchase.



We appreciate your patience
"