Oregon Sheriffs Oppose Measure 114 as it violates current federal case law and the U.S. Constitution.
The United States (U.S.) 9th Circuit Court of Appeals (Oregon’s U.S. Federal District Court) struck down a nearly identical ban (to what is contained in this measure) on high-capacity magazines in the state of California. The U.S. 9th Circuit Court’s findings is the California ban violated the U.S. Constitution. In Duncan v. Bonta, 979 F3d 1133 (2020), a panel of the U.S. 9th Circuit Court held that the state of California’s ban on high-capacity magazines violated the U.S. Constitution’s 2nd Amendment. The full U.S. 9th Circuit Court later overturned this opinion, and the U.S. Supreme Court then reversed the full U.S. 9th Circuit Court ruling and sent it back for to the U.S. 9th Circuit Court for reconsideration. The 2020 panel of the U.S. 9th Circuit Court’s decision is currently the law, and this panel’s ruling clearly states that a high-capacity magazine ban violates the U.S. Constitution’s 2nd Amendment.
Regardless of whether you agree with the federal court decision or not, the United States remains a nation of laws, and the judicial branch of government has held that banning magazines over 10 rounds violates the U.S. Constitution’s 2nd Amendment. If this measure is enacted, it will result in immediate litigation to declare the measure unconstitutional. Based upon the current law of the U.S. 9th Circuit Court, there is no question that it is in fact unconstitutional.
Oregon Sheriffs are sworn to uphold the laws and Constitution. Sheriffs cannot in good faith support a measure that a Federal Court has said violates the U.S. Constitution.
Please Join Oregon Sheriffs in voting no on Measure 114 as it is clear that this measure will violate federal case law and the U.S. Constitution.
(This information furnished by Jason Myers, Executive Director-Oregon State Sheriffs’ Association.)