In Support of HB 3076: Upholding Oregon’s Authority to Protect Public Safety
By Penny Okamoto, Executive Director of Ceasefire Oregon
House Bill 3076 is a critical step forward in Oregon’s efforts to enhance public safety by requiring federally licensed firearms dealers to obtain a state license and comply with elevated standards of security, recordkeeping, and accountability. This legislation is a constitutionally sound and necessary use of Oregon’s authority to regulate commercial activity for the protection of its residents.
To significantly reduce gun violence, Oregon must act boldly and lawfully to prevent firearms from falling into the wrong hands and ensure that dealers operating within our borders are held to the highest standards of responsibility.
Constitutional Authority: States Can Regulate Businesses to Protect Public Safety
Oregon has clear constitutional authority to regulate firearms dealers operating within its borders. The U.S. Supreme Court has long recognized the power of states to enact laws that protect public health, safety, and welfare.
West Coast Hotel Co. v. Parrish (1937)
In this landmark case, the Supreme Court upheld a Washington State minimum wage law and rejected earlier decisions that had struck down economic regulations. The Court emphasized that the Constitution does not prohibit governments from regulating business in the public interest. HB 3076 follows in this tradition by setting fair and reasonable standards for those engaged in the commercial sale of firearms.
Federal Law Permits Stricter State Requirements
The Gun Control Act of 1968 created a national framework for the licensing of firearms dealers through the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). However, the Act sets only minimum standards and does not preempt states from enacting their own, more stringent licensing systems.
Gonzales v. Oregon (2006)
The Court affirmed that states can regulate professional and licensed activities—even when those activities are also regulated at the federal level. Oregon has the legal right to require firearms dealers to meet state-specific standards that reflect our unique public safety needs and values.
Printz v. United States (1997)
This case clarified that while the federal government cannot compel states to enforce federal law, states remain fully empowered to pass and enforce their own firearms regulations. HB 3076 is precisely such a state-level solution.
Regulation of Dealers Is Constitutional Under the Second Amendment
While the U.S. Supreme Court has affirmed an individual’s right to possess firearms under the Second Amendment, it has also explicitly recognized that the Constitution allows for regulation of the commercial sale of firearms.
District of Columbia v. Heller (2008)
Justice Scalia, writing for the majority, stated:
“Nothing in our opinion should be taken to cast doubt on… laws imposing conditions and qualifications on the commercial sale of arms.”
New York State Rifle & Pistol Association v. Bruen (2022)
While Bruen limited some types of gun regulation, it reaffirmed that “longstanding” commercial regulations—like licensing and reporting requirements—remain presumptively lawful.
HB 3076 does not restrict an individual’s right to own a gun; it ensures that firearms dealers meet basic public safety and accountability standards. Courts have consistently upheld such measures.
Oregon’s Responsibility and Opportunity
HB 3076 does not impose undue burdens—it imposes necessary responsibilities. Firearms dealers play a pivotal role in the legal and illegal flow of guns. When those dealers are negligent, guns can end up in the hands of criminals, minors, and those at risk of harming themselves or others. The state must take proactive measures to prevent this.
By passing HB 3076, Oregon will:
- Strengthen oversight of gun dealers,
- Improve public safety,
- Affirm its constitutional authority to regulate commerce and protect its residents.
Conclusion
Oregon has both the constitutional right and moral obligation to protect its residents from preventable gun violence. HB 3076 is a reasonable, lawful, and essential measure that enhances accountability among firearms dealers without infringing on individual rights.
The Supreme Court has made it clear: states can and should act in the public interest. HB 3076 does exactly that.
We urge the Oregon Legislature to pass HB 3076.