Update from the OFF:
Oregon Sheriffs Will NOT Issue “Permits to Purchase”. All Magazines Banned.8.30.2023
While the enforcement of Measure 114 has been held in check by a state court injunction, it is still technically law.
A Federal judge in Portland has declared that all of it is constitutional and may be enacted . The trial in the state case is just a few weeks away on September 18th.
Should sanity prevail and the measure is declared unconstitutional by the state court, the far left extremists who run the Oregon Department of “Justice” have vowed to appeal the decision. While it is always dangerous to predict what a court might do, we do not expect the Oregon Appeals Court to rule favorably.
If that happens, the new prohibitions could take effect, placing possibly millions of Oregonians in jeopardy of arrest and imprisonment.
As you know, the attorneys in our federal case have filed a notice of appeal in the Ninth Circuit. We believe that no matter what the outcome is in the state case, the matter will finally be decided there, in the Federal Ninth Circuit Court of Appeals.
If you wonder how high the stakes are, you can wonder no more.
We have obtained a letter from the legal counsel for the Oregon States Sheriff’s Association with guidance for Oregon sheriffs should Measure 114 take effect. The outlook is grim.
As we have repeatedly stated, and as was made clear by one of our plaintiffs in the Federal trial, Measure 114 will completely end the legal sale of firearms in Oregon. We know it, the legislature knows it, and anyone who can read knows it. The only people who cannot understand it wear black robes and sit on the bench in Federal Court.
It’s not complicated. As the letter points out, Measure 114 requires a fingerprint background check by the FBI. The FBI refuses to do them. Period, full stop.
As the letter notes:
“Our guidance on this issue is clear, unambiguous and simple – no permit agent should issue a permit to purchase a firearm unless the Oregon State Police reports that the person is fully qualified to obtain a permit, including that they have successfully passed the required FBI background check. “
Now, even in the absence of this requirement, getting a permit would be virtually impossible because of all the other absurd requirements. But this one makes the issuance of “permit to purchase” illegal.
This is not our opinion and is not a scare tactic. It is the law. If you cannot get a “permission slip” from the sheriff you cannot buy a firearm. And, as you can see, you cannot get the permission slip. But that’s not all.
Under the measure virtually all firearm’s magazines will be outlawed. Not just the ones mislabeled “high capacity.” The guidance to the sheriffs points out the following :
“For all magazines that have a detachable base-plate, the reality is that the magazine appears to fit the definition of an LCM because they are readily capable of being adapted to hold more than 10 rounds. It would appear that even drilling and riveting a base-plate to the magazine in order to more permanently attach it would not take it out of the definition of LCM, since a rivet can easily be removed and thus the magazine could again be capable in the future of holding more than 10 rounds.”
Of course, most tubular fed shotguns will also be banned.
We have been making this point over and over and over since before the measure was even voted on. It would have been helpful if the Sheriff’s Association had made these issues public while we were still in the trial phase, but for better or worse, now it’s “official”.
And do NOT think the magazines you already own are protected. They are not. Do NOT think you are safe on your own property. You are not. And do NOT think you are protected if you are a cop off duty. You are not.
Possession of a magazine you bought ten years ago and keep on your own property can still land you in jail. Only after your arrest can you attempt to use the “affirmative defense” portion of the measure to try to prove your innocence. And that’s on you. You will be presumed guilty. How do you prove when you acquired a magazine? You cannot. No matter what advice you get about “time dated photos” or “keeping receipts”, none of that will work. As we have shown in the past, time stamps on photos are easily altered and magazines have no serial numbers so receipts are meaningless.
There has never been a law like this enacted anywhere in the country. And, if it takes effect, the ramifications are unthinkable.
It must be defeated. We are gearing up for the Federal Appeal where we believe the final outcome will be no matter what happens. It is possible that the battle in state court could delay implementation for some time, but there is no guarantee of that.
We simply cannot give up now. Not only are our Second Amendment rights at stake, hundreds of thousands of us are literally facing arrest and imprisonment. And while Oregon now has a policy of refusing to lock up criminals, you can rest assured they will find a place for you in their jails.
We know times are tough. In all the battles we have faced together, none have been this horrifying. But we have to win.
Our enemies have unlimited funds and an army of lawyers. We only have patriots like you.
Please consider any contribution you can afford to fund this historic and critical legal battle. There simply is no choice.
You can make a secure donation online here.
All donations to the Oregon Firearms Educational Foundation go directly to the legal fight. Thank you for your commitment.
