Oregon Sheriffs Association: FBI’s Stance Hinders Legal Gun Purchases

Legal gun sales⁢ in Oregon are at ‌risk of ending if Ballot Measure 114 survives ongoing court challenges, warns the Oregon⁤ State Sheriffs⁤ Association (OSAA). According to the OSAA’s guidance to county sheriffs, the FBI’s refusal to conduct⁢ background checks for the new law means that no enforcement officer can issue a permit to ⁤purchase a weapon as required by the measure. This would be considered a crime, as stated in the legal guidance.

Furthermore, the OSAA has advised sheriffs that ‌the‌ possession of virtually all firearm magazines will be‍ banned under the new law. ‍Anyone found in possession of these magazines could face arrest, including off-duty ​police officers.

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In addition, to qualify for a permit under Measure 114, applicants ⁢must⁣ complete an approved, in-person firearm safety course, pay ‍a⁢ fee, provide personal information, undergo​ fingerprinting and photographing, and pass an FBI criminal background check. The permits will be processed by​ local police chiefs, county sheriffs, or their designees, and then submitted to the FBI.

The measure also prohibits magazines capable of holding more than 10 rounds. Measure ⁤114 has been in litigation since November 2022, with ‍conflicting rulings from different courts.

FBI Rules‍ on Permit to Purchase

According to⁣ the OSAA’s legal guidance, Oregonians will be unable to obtain the required “permit to purchase” ‍because the FBI has explicitly stated that it will not provide the necessary federal ⁤background check. The​ FBI ‍argues that Measure 114 does not meet the requirements⁣ of Pub. L 92-544, which empowers them to make determinations regarding background checks for non-criminal matters.

The OSAA has provided this guidance to all county⁢ sheriffs, emphasizing ‌that no permit ‍agent should issue a permit without ‌the FBI background check, as‌ doing so would be illegal.

Creating Criminals

The OSAA’s guidance also highlights ​that virtually all firearm magazines, ​including ⁤those ‌with⁣ detachable base-plates, will be outlawed by the measure. Possessing these magazines, even if modified, would be considered a crime. The ⁢guidance raises‍ concerns ⁣about enforcement and the lack of clarity in the language of the affirmative defense provision.

Furthermore, ⁢the guidance points out that Oregon ‌does ‍not require firearm registration, making it difficult to determine who ⁢the “registered owner” refers to in the measure.

‌What are⁤ the arguments from ⁤opponents and proponents of Ballot ⁣Measure 114

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The Ballot Measure 114, also known as the Comprehensive Gun Safety‍ Act, was approved by Oregon voters in the last elections. It aims ⁢to strengthen gun control measures in ‌the state by implementing stricter background checks and banning certain firearm​ magazines.

However, the implementation of the law has faced ​significant challenges. The FBI, responsible for conducting⁢ background checks, has refused to cooperate due to ⁤concerns over privacy and data protection. This has put county​ sheriffs‍ in a difficult position, as they are unable to issue permits to individuals who pass‌ the background check requirement.

In addition, the ban on firearm magazines has created further controversy. The⁤ law prohibits the possession ⁢of virtually⁤ all magazines, including‌ those currently owned by lawful gun owners. This means that individuals who possess such magazines would become criminals overnight, regardless of their intent or previous compliance with the law.

The OSAA has ​expressed its concern⁤ over the impact of Ballot Measure 114 on the ability of law-abiding citizens to exercise their Second Amendment rights.⁤ By preventing legal gun sales⁤ and possession, the measure ‍undermines⁤ the constitutional rights⁣ of the ‌citizens of Oregon.

Opponents‍ of the measure argue that it is‌ an infringement on individual liberties and fails⁢ to address the root causes of gun violence. They believe that existing laws are sufficient and that enforcement ⁣efforts should focus on targeting criminals and mental health⁣ issues instead of hindering lawful gun owners.

Proponents⁢ of‍ the measure, on the other hand,‌ argue that it is ⁢necessary to​ reduce gun violence and ensure public safety. They contend that stricter background checks and ‍restrictions on ⁤firearm magazines are common-sense measures that can help prevent ⁤firearms from falling into the wrong hands and being used in crimes.

The ongoing​ court challenges to Ballot Measure 114 will determine its fate and the future of ‌gun sales and possession in Oregon. Ultimately,‍ the decision will have far-reaching implications ⁢for the rights of individuals and the role of​ government in regulating firearms.

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