Oregonians approved Ballot Measure 114 on November 8, 2022, with 50.65% of the total vote, voting in favor of the Measure. Among other things, Measure 114 enacted a requirement that for all firearms purchases in the State of Oregon, a dealer must be shown a valid permit to purchase. In order to acquire a permit to purchase, an individual must go in-person to apply with their local police chief or county sheriff. The application requires fingerprints, photos, a background check, and a fee of no more than $65. Additionally, an individual must complete an approved “firearms safety course”, which the state does not office nor does it place a cap on the price of the course.
Purchase permit licensing regimes are incompatible with the plain text of the Second Amendment and this nation’s history and tradition. While there is historical evidence that purchase permits or licenses have existed since the time of the founding, they were wrapped in racist overtones, only applying to Indians and persons of color, limited in number and without application to the general public.
On December 2, 2022, Adam Kraut, the Second Amendment Foundation’s Executive Director, filed suit with two other attorneys on behalf of one firearms retailer and one individual challenging Oregon’s Purchase Permit requirement and the impossibility of being able to comply absent a working system. The lawsuit asks a federal court to declare the purchase permit unconstitutional and enjoin the Defendants from enforcing the law.
Case Team: James L. Buchal, Derek Angus Lee, William V. Bergstrom, SAF Executive Director Adam Kraut
To access all of the case documents at the District Court, please visit the docket.
To view documents filed on appeal, please visit the Court of Appeals docket.