IP 43 : The Campaign to Stop the Sale and Transfer of Assault Rifles

Position: Support Status: Waiting for the Attorney General to draft the ballot title

Clergy members of all faiths, youth, advocates, and Oregonians who are gun owners and non-gun owners have come together as a coalition to stop the carnage in our schools, our streets, and throughout our country. The coalition, "Lift Every Voice," has one goal: to make the state a safer place for all Oregonians.

IP 43 has been filed as a ballot initiative petition for the November 2018 election. IP 43 would prohibit the future sale or transfer of semiautomatic rifles and large-capacity magazines. Any such firearms or ammunition, described clearly in the measure, owned at the time the act becomes effective, must be registered with the state, sold out of state, permanently disabled or can be given to law enforcement for disposal. The same safety measures will be applied to large-capacity magazines, defined as a magazine that holds more than 10 rounds.

Update


April 17: We have good news: the Secretary of State has certified our submission of signatures and sent IP 43 to the Attorney General for drafting the ballot title. We should have the draft Ballot Title by April 24. Comments will be due May 8.

March 26: More than 3,443 sponsorship signatures were delivered to the Secretary of State's office on March 26 (Only 1,000 signatures were needed.) The State of Oregon is currently verifying the signatures.

March 24: The initial sponsorship signatures were gathered at the March for Our Lives event. The push for 88,184 signatures will not begin until we have cleared any court challenges. At this time, we do not expect to be able to begin collecting those signatures until June.

March 22: The prospective initiative has been filed.

Frequently Asked Questions About IP 43:

“Where do I sign up to volunteer or donate to IP 43?”

To volunteer for IP 43, sign up here.

Sign up here to receive email alerts from Ceasefire Oregon about IP 43 and federal gun legislation as well as Ceasefire Oregon events.

“How can I sign the petition to place IP 43 on the November 2018 ballot?”

The measure must first clear any court challenges which will be heard by the Oregon Supreme Court. Challenges should be cleared by June which is when we expect to begin collecting the 88,184 signatures necessary to place the measure on the ballot.

“Some people signed a petition for IP 43 at the March For Our Lives event. What was that petition for?”

Initiative petitions require two separate signature-gathering events. The first, which was circulated on March 24 and 25, gathered sponsorship signatures. (We need a minimum of 1,000 signatures for that.) Those signatures were delivered to the Oregon Secretary of State’s office in Salem on March 26.

The major push for gathering 88,184 signatures begins after we have cleared any court challenges. That will probably happen in June.

“How many semiautomatic firearms in the United States?”

Today, one of out of every five firearms purchased in this country is an AR-style rifle, according to a NSSF estimate. Americans now own an estimated 15 million AR-15s, gun groups say. New AR-15 style guns range widely in price, from about $500 to more than $2,000. Source: NBC News

“How will this protect Oregonians?”

For his 2016 book “Rampage Nation,” Klarevas collected data on every gun massacre — which he defines as six or more people shot and killed — for the 50 years before 2016. His aim was to see whether there was any change in the number of gun massacres while the 10-year federal ban on assault weapons was in place.

He calls the results “staggering.” Compared with the 10-year period before the ban, the number of gun massacres during the ban period fell by 37 percent, and the number of people dying from gun massacres fell by 43 percent. But after the ban lapsed in 2004, the numbers shot up again — an astonishing 183 percent increase in massacres and a 239 percent increase in massacre deaths. [Source: Washington Post]

When access to assault weapons is restricted, deaths due to mass shootings decrease. A 2014 study found that “both state and federal assault weapons bans have statistically significant and negative effects on mass shooting fatalities.” Everytown for Gun Safety, Assault Weapons Bans on Public Mass Shootings,” Applied Economics Letters 22, no. 4 (2014): 281-284, http://www.tandfonline.com/doi/abs/10.1080/13504851.2014.939367.

“Will people be forced to surrender their guns?”

No. People will be required to register the firearms and magazines described in IP 43. The firearms and magazines may also be sold out of state, permanently disabled or given to law enforcement for disposal.

“Is this Constitutional?”

Yes. Seven other states (HI, CA, NJ, NY, MD, MA, CT) and the District of Columbia already have similar laws banning assault rifles. In November 2017, the US Supreme Court rejected a challenge to Maryland’s assault weapons ban. The justices left in place a federal appeals court ruling that upheld the law that does not permit the sale of a range of semi-automatic weapons and large-capacity magazines.

US Supreme Court Justice Alito stated in the McDonald decision from 2010: “It is important to keep in mind that Heller, while striking down a law that prohibited the possession of handguns in the home, recognized that the right to keep and bear arms is not “a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.” (Emphasis Ceasefire Oregon)

“Is this divisive or controversial?”

No. A Quinnipiac Poll from last month (February 2018) showed that 67% of Americans support an outright ban on the sale of  assault rifles.

“Why doesn’t the Oregon legislature pass this as a bill?”

The Oregon legislature did not pass a similar bill (HB 3200) in 2013 after the Clackamas Town Center and Sandy Hook shootings. They have not been willing to address this issue since then.

“The problem isn’t guns, it’s mental illness.”

We know that about 4% of all violent crime is committed by people who could be adjudicated mentally ill. We must help those people. (Note, however, that the NRA has not.) If we only focus on that 4%, however, we completely ignore the 96% are are committing violent crimes. In addition, people who suffer from mental illness are far more likely to be victims of a crime than to commit a crime. If the NRA were serious, they would urge Congress to place a small tax on guns that would directly go to researching or in some way benefitting people who suffer from mental illness.

“Will I be required to register all my guns?”

No. Only the semiautomatic firearms described in the initiative will be affected. Firearms or ammunition described clearly in IP 43, owned at the time the act becomes effective, must be either registered with the state, sold out of state, permanently disabled or can be given to law enforcement for disposal. The same safety measures will be applied to large-capacity magazines, defined as a magazine that holds more than 10 rounds.

“Gun laws just don’t work.”

States with easier access to legal guns rank higher on an aggregated scale of indicators that includes gun-related homicides, suicides.

In 12 states where child access prevention laws had been in effect for at least one year, unintentional firearm deaths fell by 23% from 1990-94 among children under 15 years of age.  Peter Cummings et al., State Gun Safe Storage Laws and Child Mortality Due to Firearms, 278 JAMA 1084, 1084 (Oct. 1997)

In 2007, Missouri repealed its permit-to-purchase (PTP) handgun law, which required all handgun purchasers to obtain a license verifying that they have passed a background check. The repeal of that law contributed to a sixteen percent increase in Missouri’s murder rate, according to a new study from researchers with the Johns Hopkins Center for Gun Policy and Research.  Science Daily, Repeal of Missouri’s background check law associated with increase in state’s murders, February 15, 2014

“Which firearms are included?”

This initiative would ban certain firearms defined by the initiative as assault weapons and ammunition magazines capable of holding more than 10 rounds. Specifically, the initiative would prohibit the manufacture, import, sale, purchase, transfer, or possession of the following and make violation a Class B felony:

  • any semiautomatic rifle with a detachable magazine and any of the following features:
    • a grip, such as a pistol grip or thumbhole stock, designed to allow the operators trigger hand to be directly below the action of the rifle while firing rather than behind the firing action of the rifle as with most traditional hunting rifles;
    • any grip or shroud that can be held by the non-trigger hand while firing;
    • a flash suppressor or muzzle break/compensator or reduce recoil;
    • a bayonet mount or grenade/flare launcher;
  • any semiautomatic pistol or rifle with a fixed ammunition magazine with a capacity of more than 10 rounds;
  • any semiautomatic rifle shorter than 30 inches;
  • a semiautomatic pistol with one of the following:
    • any secondary grip or barrel cover that can be held by the non-trigger hand while firing;
    • a folding, telescoping, or thumbhole stock;
    • the ability to accept an ammunition magazine in any other location than into the grip;
    • a threaded barrel that can accept a silencer;
  • any semiautomatic shotgun with any of the following features:
    • a pistol or thumbhole grip combined with a folding or telescoping stock;
    • a fixed ammunition magazine capable of holding more than 10 rounds;
    • an ability to receive a detachable ammunition magazine;
    • a revolving cylinder magazine
  • any kit or combination of parts able to convert a firearm in any of the ways prohibited above.

The initiative would establish exceptions for government officials, military personnel, and police officers. It would also allow people to keep otherwise banned firearms if they are made permanently inoperable.

“What is a detachable magazine?”

A detachable magazine is an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted into a firearm. A fixed magazine is an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.  See IP 43, Section 3(H)(4) and (5).

Read Measure 43 Here

The Campaign to Stop the Sale and Transfer of Weapons of War

http://oregonvotes.org/irr/2018/043text.pdf

1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON: SECTION

1. Sections 2 to 5 of this 2018 Act are added to and made a part of ORS 166.250 to 166.470. SECTION

2. The people of the State of Oregon find and declare that a reduction in the availability of assault weapons and large capacity ammunition magazines will promote the public health and safety of the residents of this state.

SECTION 3. As used in sections 2 to 6 of this 2018 Act: (1)(a) “Assault weapon” means any:

(A) Semiautomatic rifle that has the capacity to accept a detachable magazine and has at least one of the following:

(i) Any grip of the weapon, including a pistol grip, a thumbhole stock or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing;

(ii) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;

(iii) A folding or telescoping stock;

(iv) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;

(v) A forward pistol grip;

(vi) A flash suppressor, muzzle brake, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle brake, or muzzle compensator;

(vii) A bayonet mount; or (viii) A grenade launcher or flare launcher;

(B) Semiautomatic pistol, or any semiautomatic, centerfire or rimfire rifle with a fixed magazine, that has the capacity to accept more than 10 rounds of ammunition;

(C) Semiautomatic, centerfire rifle that has an overall length of less than thirty inches;

(D) Semiautomatic pistol that has the capacity to accept a detachable magazine and has at least one of the following:

(i) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;

(ii) A folding, telescoping or thumbhole stock;

(iii) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;

(iv) The capacity to accept a detachable magazine at any location outside of the pistol grip; or

(v) A threaded barrel capable of accepting a flash suppressor or forward pistol grip; 2

(E) Semiautomatic shotgun that has both of the following:

(i) Any grip of the weapon, including a pistol grip, a thumbhole stock or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing; and

(ii) A folding or telescoping stock;

(F) Semiautomatic shotgun that has at least one of the following:

(i) A fixed magazine capacity in excess of ten rounds; or

(ii) An ability to accept a detachable magazine;

(G) Shotgun with a revolving cylinder; and

(H) Conversion kit, part or combination of parts from which an assault weapon can be assembled if those parts are in the possession or under control of the same person.

(b) “Assault weapon” does not include any firearm that has been made permanently inoperable.

(2) “Criminal background check” has the meaning given that term in ORS 166.432.

(3) “Department” means Department of State Police.

(4) “Detachable magazine” means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted into a firearm.

(5) “Fixed magazine” means an ammunition feeding device contained in or permanently attached to a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

(6) “Large capacity magazine” means any ammunition feeding device with the capacity to accept more than 10 rounds or any conversion kit or combination of parts from which such a device can be assembled, but does not include any of the following:

(a) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds;

(b) A .22 caliber tube ammunition feeding device; or (c) A tubular magazine that is contained in a lever-action firearm.

SECTION 4.

(1) Notwithstanding ORS 166.250 to 166.470, and except as provided in subsections (2) to (4) of this Section 4, a person commits the crime of unlawful possession or transfer of an assault weapon or large capacity magazine if the person manufactures, imports, possesses, purchases, sells or transfers any assault weapon or large capacity magazine.

(2) Subsection (1) of this Section 4 does not apply to: 3

(a) Any government officer, agent or employee, member of the Armed Forces of the United States or peace officer as that term is defined in ORS 133.005 if that person is otherwise authorized to acquire or possess an assault weapon or large capacity magazine and does so while acting within the scope of that person’s duties;

(b) The manufacture of an assault weapon or large capacity magazine by a firearms manufacturer for the purpose of sale to any branch of the Armed Forces of the United States or to a law enforcement agency in this state for use by that agency or its employees, provided the manufacturer is properly licensed under federal, state and local laws; or

(c) The sale or transfer of an assault weapon or large capacity magazine by a firearms dealer licensed under 18 U.S.C. 923 to any branch of the Armed Forces of the United States or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes.

(3) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall, within 120 days after the effective date of this 2018 Act, without being subject to prosecution:

(a) Remove the assault weapon or large capacity magazine from the state;

(b) Sell the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2) of this section;

(c) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction;

(d) Render the assault weapon permanently inoperable; or

(e) If eligible, register the assault weapon or large capacity magazine with the Department as provided in Section 5 of this 2018 Act.

(4) Any person who acquires an assault weapon or large capacity magazine, for which registration was previously properly obtained under Section 5 of this Act, by inheritance, bequest or succession, or by virtue of the person’s role as executor or other legal representative of an estate or trust, shall, within 120 days after acquiring title, without being subject to prosecution under this section:

(a) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction;

(b) Transfer the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2)(c) of this section;

(c) Render the assault weapon permanently inoperable; or

(d) If eligible, register the assault weapon or large capacity magazine with the Department and meet all of the requirements under Section 5 of this 2018 Act, except the time for registering shall run from the date of acquiring title.

(5) Any person who moves into the state and immediately prior to moving is in lawful possession of an assault weapon or large capacity magazine, shall, unless exempt under Section 4(2)-(4) of this Act, within 120 days:

(a) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction;

(b) Transfer the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2)(c) of this section; or 4

(c) Render the assault weapon permanently inoperable. (6) Unlawful possession or transfer of an assault weapon or large capacity magazine is a Class B felony.

SECTION 5.

(1) Any person seeking to register an assault weapon or large capacity magazine with the Department shall do so as provided in this section within 120 days after the effective date of this 2018 Act.

(2) In order to register an assault weapon under this section, the owner of the assault weapon must:

(a) Submit to the Department, on a form approved by the Department, the owner’s name and address and the identification number of each assault weapon owned by the owner:

(b) Be the lawful owner of the assault weapon prior to the effective date of this 2018 Act; and (c) Allow the Department to conduct a criminal background check of the person to confirm that the person is not a prohibited possessor under ORS 166.250. (3) In order to register a large capacity magazine under this section, a person must: (a) Submit to the Department, on a form approved by the Department, the owner’s name and address and information sufficient to identify any large magazine owned or possessed by the owner; (b) Be the lawful owner of the large capacity magazine prior to the effective date of this 2018 Act; and

(c) Allow the Department to conduct a criminal background check of the person to confirm that the person is not a prohibited possessor under ORS 166.250.

(4) A person seeking to register an assault weapon or large capacity magazine must submit evidence satisfactory to the Department to establish that:

(a) The owner has securely stored the assault weapon or large capacity magazine pursuant to existing law and, in addition, as provided in any rules and regulations adopted by the Department specifically relating to assault weapons and large capacity magazines;

(b) The owner possesses any lawful assault weapon or large capacity magazine only:

(A) On property owned or immediately controlled by the registered owner;

(B) On property owned by another with the owner’s express permission in a manner consistent with subsection (4)(a) in this section;

(C) On the premises of a firearms dealer or gunsmith licensed under 18 U.S.C. 923 for the purpose of lawful repair;

(D) While engaged in the legal use of the assault weapon or large capacity magazine, at a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting;

(E) At a firearms competition or exhibition, display or educational project about firearms sponsored, conducted by approved or under the auspices of a law enforcement agency or a national or state-recognized entity that fosters proficiency in firearms use or promotes firearms education; or

(F) While transporting the weapon in a vehicle as permitted in ORS 166.250 to one of the locations authorized under this statute. 5

(5) A registered owner of an assault weapon or large capacity magazine may not sell or transfer the assault weapon or large capacity magazine except to a firearms dealer or to a gunsmith licensed under 18 U.S.C. 923 for repair, lawful sale or transfer or for the purpose of disposal as provided in SECTION 3 of this 2018 Act.

(6) A registered owner of an assault weapon or large capacity magazine may not purchase additional assault weapons or large capacity magazines.

(7) A registered owner of a registered assault weapon or large capacity magazine must report the loss or theft of such weapon or magazine to the appropriate law enforcement agency within 48 hours of the discovery of the loss or theft. SECTION 6.

(1) Upon receipt of a request from a person seeking to register an assault weapon or large capacity magazine, the Department shall determine from criminal records and other available information whether the potential registrant is disqualified under ORS 166.250 from possessing the assault weapon or large capacity magazine.

(2) The Department may adopt a fee schedule for criminal background checks as provided in ORS 166.414.

(3) The Department shall establish a means of obtaining the information that must be provided by owners of assault weapons and large capacity magazines who qualify for registration under Section 5 of this 2018 Act, which information must include the information required by Section 5 of this Act, and any other information determined necessary by the Department to carry out the purposes of this 2018 Act.

(4) The Department shall maintain a registry of the information obtained by it pursuant to Sections 5 and 6(3) of this 2018 Act, and shall adopt rules concerning the administration of the registry, including but not limited to renewal and revocation procedures and storage requirements for assault weapons and large capacity magazines.

(5) The record of the information collected for registration under this section is exempt from disclosure under the public records law in the same manner such information is maintained under ORS 166.436.

SECTION 7. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. The people hereby declare that they would have adopted this Chapter, notwithstanding the unconstitutionality, invalidity and ineffectiveness of any one of its articles, sections, subsections, sentences or clauses.

SECTION 8. This Act shall take effect on January 1, 2019.