The Deschutes County ballot measure 9-2018-1, a so-called “Second Amendment Preservation” or SAP measure, will not be on the November 2018 ballot. The backers failed to gather the required 4,144 necessary to be placed on the ballot, falling short by at about 1,000 signatures.
The SAP measure would violate Oregon and US Constitutions by granting the county sheriff the ability to interpret firearms laws and to not enforce laws the sheriff alone deemed unconstitutional.
This measure would violate the US Constitution (Article VI, paragraph 2) by giving the Sheriff the authority to interpret the 2nd, 9th, and 10th amendments.
In addition, SAPs are a clear breach of the State preemption statute (ORS 166.170). The statute asserts that the authority to regulate firearms laws, including ammunition, is vested solely in the State Legislative Assembly. Yet, this measure would clearly attempt to undo this statute.
We applaud the citizens of Deschutes County for having a clear understanding of the US and Oregon Constitutions and for keeping America’s system of checks and balances.