Baker County Sheriff Travis Ash said Monday, Nov. 14 that he's "frustrated" by the passage of Measure 114, the gun control measure, in the Nov. 8 election.
But Ash, unlike some other sheriffs, isn't vowing to completely ignore enforcement of the new law, which is slated to take effect Jan. 15, 2023, after it passed by a margin of 51% to 49%.
"I have been fielding several questions along with many concerns about the measure," Ash wrote in a statement his office issued Monday, Nov. 14. "I'm frustrated just like many of you are. I fully expect legal challenges to be filed in our court systems regarding some or all of the components of Measure 114."
Alan M. Gottlieb, founder of the Second Amendment Foundation, based in Bellevue, Washington, told The Oregonian that the group has already written a first draft of a lawsuit seeking an injunction to block the new law from taking effect.
Measure 114, which was rejected by voters in 29 of Oregon's 36 counties, including Baker, but had sizeable majorities in the state's most populous county, Multnomah, has multiple parts.
It requires people, before buying a gun, to obtain a permit, complete an approved firearm safety course at their own expense and pay a fee, expected to be $65. The law also prohibits the sale of magazines with a capacity of more than 10 rounds (people who already own such magazines can continue to use them).
The law also requires that gun buyers have a criminal background check finished before they can buy a firearm.
"As the measure currently stands, after January 15, 2023 a permit will be required by law to purchase a firearm in Oregon," Ash wrote. "Unfortunately, this requires the state to create infrastructure that does not yet exist and coordination among numerous government entities with different administrative structures. In spite of these obstacles, the Baker County Sheriff's Office is working in collaboration with fellow law enforcement agencies to include the Baker City Police Department to ensure people have the ability to obtain a permit to purchase firearms."
In reaction to the measure's restriction on the sales of magazines, Ash wrote: "The Baker County Sheriff's Office will not focus investigations on magazine capacity issues."
"There are many unknowns with the measure and we will provide updates as they develop," Ash concluded his statement.
Other sheriffs
Linn County Sheriff Michelle Duncan was the first to respond to the measure's passage, announcing that her agency "is NOT going to be enforcing magazine capacity limits."
Duncan called the measure poorly written and said she hopes its passage will result in an immediate lawsuit.
Union County Sheriff Cody Bowen wrote on the agency's Facebook page that Measure 114 "is an infringement on our constitutional rights and will not be enforced by my office!"
"This measure will only harm law abiding gun owners and result in wasted time with additional redundant background checks," Bowen wrote. "With no funding from the state to provide additional payroll costs this will ultimately sacrifice patrol and deputy presence in our community. Another attempt at defunding our police at its finest. To the people who chime in with me picking and choosing which laws I want to enforce or not enforce! Hear this! When it comes to our constitutional rights I'll fight to the death to defend them. No matter what crazy law comes out of Salem!"
Sheriff Jason Pollock of Jefferson County, in Central Oregon, wrote in a Facebook post: "With shrinking law enforcement budgets and increasing restraints on law enforcement, I believe citizens must be able to protect themselves. The Jefferson County Sheriff's Office will not enforce Measure 114."
It's possible the Oregon State Police, which will draft the rules for administering the law, will request an extension beyond Jan. 15 to give state officials time to set up a gun permit system.
Measure 114 proponents say the state can't require gun buyers to have a permit, starting Jan. 15, because the permit system won't be in place.
Measure 114 opponents, however, contend the new law will stop gun sales as of Jan. 15 because no buyer will have a permit, and because gun sellers won't want to risk violating the law regardless of the lack of a permit system.
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