![]() ![]() ![]() ![]() A section added to the end of the 69-page bill, says any legal challenges must be filed in Marion County Circuit Court. A state judge in conservative Harney County, however, said the law likely violates the state constitution and blocked it from taking effect until a trial can be held.Ī Friday evening amendment to SB 348 appears meant to prevent a similar fate. A federal judge said the law could take effect pending a trial to determine its constitutionality. Ultimately, she said the burden to convince a court falls on the defendant.īallot Measure 114 is currently tied up in both state and federal courts. She said a receipt with a date and a description would be the best but proof might also entail witness testimony. “It would really depend on the circumstances.” “It would be up to the person charged to offer some kind of proof as to what happened to that magazine,” she explained. Minifie said there is no legal requirement for buyback or turn-in programs to give detailed receipts. How a person would prove that, however, is unclear and not specified in the legislation. 8, 2022, or that they turned the magazine into a turn-in program or law enforcement agency, the charges will be dropped. Under the proposed bill, if someone is charged with possessing a high-capacity magazine and can prove they bought it before Dec. 8, 2022, the day the ballot measure was meant to take effect. The bill’s high-capacity magazine ban would be retroactive to Dec. If someone is rejected, they can petition a circuit court to overturn the decision. She said the wording mimics the state’s concealed handgun licensing laws which are also considered “shall issue.” “There is some subjectivity where it talks about the reasonable grounds to think that the person may be a danger to self or others,” said Jessica Minnifie, an attorney with the nonpartisan legislative council which helps draft legislation. The permit scheme is what’s known as “shall issue,” meaning so long as an applicant meets the minimum requirements, they will receive a permit. “This can put some people out of the ability to actually buy a firearm and use them.” “For minimum wage people or single mothers, even though it doesn’t look like a huge increase, that’s significant,” Oregon director of Women for Gun Rights Candy Yow told the Senate Judiciary Committee. Under SB 348, however, those caps will more than double to $165 for a new permit and $110 for a renewal, causing some critics to wonder if the cost will prove prohibitive for less wealthy Oregonians. “It would be similar to what you would see in a driving license permit.”īallot Measure 114 capped the cost of a new permit at $65 and $50 for a renewal. “This would be setting up something similar to a provisional permit,” Prozanski said during an information session held last week. Floyd Prozanski, D-Eugene, said people between 18 and 21 would still be allowed to purchase certain types of small caliber and hunting rifles so long as they have taken a firearms safety course. Senate Judiciary Chair and bill sponsor Sen. Only people 21 or older would be eligible for a permit. The bill before the Senate also bans magazines capable of holding more than 10 rounds of ammunition. As illustrated in this screen shot from OPB's explainer video about a 2022 ballot measure with similar requirements, the permit would require a completed background check and a gun safety course. Under a law proposed in the Oregon Senate, a person wishing to purchase a gun would first need a permit. Once a background check is approved, SB 348 would require an additional 72-hour waiting period before a sale or transfer can be completed. Federal law currently allows a sale to proceed if a background check is not completed in 72 hours. In addition to the permit requirement, the legislation would also close the so-called Charleston Loophole and require a completed background check before the purchase of each firearm. ![]()
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