04.11.2024
Mz 114 and HB 2005 Update
We’ve been getting lots of questions about the status of Ballot Measure 114 lawsuits and House Bill 2005 that was passed last year.
Measure 114 was declared unconstitutional in the state lawsuit in Harney County in November of last year. Because of that decision, no parts of the measure can be implemented. However, as expected, the State of Oregon has filed an appeal. That appeal has not yet been scheduled to be heard at the State Appellate Court but could be heard as early as late summer or early fall. If the state wins the appeal, Measure 114 could go into effect immediately, even without a system in place to issue permits. As for our federal lawsuit, we have filed for appeal. It will be heard when the Federal Appellate court schedules it. There is a similar case against standard capacity magazines bans currently in the 9th Circuit Court of Appeals in California.
The 9th Circuit has decided they will not hear our appeal until after that case is decided. While a ruling could come at any time, it is possible that the 9th will delay this as long as possible in hopes that the makeup of the Supreme Court will change and firearms related cases will be decided against gun owners.
These same 9th Circuit judges previously ruled against the Second Amendment and said this ban was constitutional. Only time will tell.
The portion of HB2005 pertaining to serial numbers for unfinished frames and receivers goes into effect September 1st 2024. That means that you cannot possess an unfinished, unassembled, home-made, or even a complete frame, receiver, or firearm unless it has a serial number that meets the requirements of ATF regulations, and is applied by an authorized FFL.
Firearms manufactured before October 22nd, 1968 are exempt. If you would like to have personally made firearm serialized, you will need to find an FFL licensed to do so. Those licensed to manufacture firearms and many licensed gunsmiths are authorized.
Keep in mind, 2005 has a pretty much blanket prohibition on unserialized firearms and things that may one day become firearms. 2005 has a specific exemption for specified license holders to take possession of these objects for the purpose of applying a serial number. However, there is no corresponding exception for the owner of the device to be in possession of it at all.
So while the licensed party can legally receive one to apply a serial number, the person who brings it in is still breaking the law and subject to prosecution for possession.
Under the language of HB 2005, If you wait until after September 1st to have one engraved, the FFL can only return your property after a background check is approved, and then, only after verification that you have a permit to purchase. That permit does not exist and there is no legislation currently in place to implement such a program. This element of the law relies on the implementation of Ballot Measure 114, but while that measure is currently “on hold” HB 2005 is not. So how it will be enforced is anyone’s guess. But as noted above, even if you want to apply a serial number, you will already be breaking the law simply by being in possession.
There is a component of HB2005 pertaining to “undetectable firearms.” This was the brain child of Senator James Manning and is comical and buffoonish. Now Manning wants to be Secretary of State. If you think things were bad under the corrupt Shemia Fagan you ain’t seen nothing yet.
That component also mimics long standing federal regulation and has no place in state law. You can read the complete measure here: https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/HB2005
Republican leadership said they allowed HB2005 to pass because it was simply parroting new federal regulations. If that was the case, why does Oregon need to repeat federal law in state law? The federal regulation has since been declared unconstitutional by a federal judge and is on hold, but it is now the law in Oregon. This is what happens when you “compromise” with liberal legislators. Passing the law does nothing for public safety since it was already on the books. It was virtue signaling, pure and simple, and was held over the heads of weak politicians. Some have said that the value of a firearm serial number for solving crime is as valuable as a chalk outline on the sidewalk.
Republican House members stood on the steps of the Capitol and held a fake cardboard check for $25,000, saying it was for a lawsuit against the bill. Repeated emails to both House Reps Breese-Iverson and Helfrich to find out how far they’ve gone with the lawsuit have gone unanswered. We expect better from the people we hired to represent us, and they should know that they are causing their loyalty to “we the people“ to be questioned. They need to be held accountable if they want our support for re-election. Call and write them, let them know that Oregonians deserve better.
Jeff Helfrich 503-986-1452
Rep.JeffHelfrich@oregonlegislature.gov
Vikki Breese Iverson 503-986-1459