State will ask for postponement of permit requirement with Measure 114

The Oregon Department of Justice said in a press release on Sunday that it has informed U.S. District Judge Karin Immergut that the state will seek a postponement of some of the provisions in Oregon Ballot Measure 114 that require a permit to purchase a firearm. Measure 114 passed on a majority vote of the people of Oregon in November’s general election.

The DOJ said “the decision to make this request was made only after local law enforcement clarified that they would not be able to process permit applications as soon as Dec. 8, when Measure 114 takes effect.”

It said the letter to the judge “explained that other parts of the measure should take effect as scheduled, including the process for applying for permits, the restrictions on large capacity magazines, and the requirement that background checks must be completed – and not just requested – before firearms can be transferred (this fixes the ‘Charleston Loophole,’ a gap in the federal system that allows a gun sale to proceed after three days, even if the background check has not been completed.)”

Delaying the permit “should give Oregon law enforcement time to have a fully functional permitting system in place. If Judge Immergut agrees to the postponement, then starting in February anyone who purchases a gun in Oregon will be required to have a permit,” Attorney General Ellen Rosenblum said in the press release.

Last week, Yamhill County Sheriff Tim Svenson told the county commissioners that people who carry concealed weapons lawfully in their cars should not fear that deputies would ask to see their ammunition magazines, to confirm they conform with the new law.

Svenson said deputies would need to see evidence of a crime in order to conduct a search of the weapon or the vehicle.

In their letter to Judge Immergut, lawyers for the DOJ noted that leaders of the Oregon State Sheriffs’ Association and the Oregon Association of Chiefs of Police had submitted sworn statements to the court stating that, on Dec. 8, no one in the state will be able to complete the in-person firearm safety training required by Measure 114. Their statements also included other practical difficulties that sheriffs and police, who are responsible for handling permit applications under Measure 114, expect to face.