Oregon Ban on Certain Firearms and Magazines with More than a 10-Round Capacity Initiative (2018)

Oregon Ban on Certain Firearms and Magazines with More than a 10-Round Capacity Initiative
Election date November 6, 2018
Topic Firearms
Status Not on the ballot
Type State statute	Origin Citizens
List of Oregon measuresOregon Measure 102Oregon Measure 103Oregon Measure 104Oregon Measure 105Oregon Measure 106Oregon Measure 101 (January)Submit

The Oregon Ban on Certain Firearms and Magazines with More than a 10-Round Capacity, Initiative #43, was not on the ballot in Oregon as an initiated state statute on November 6, 2018.

On June 28, 2018, proponents of the initiative said they would not attempt to get the measure on the 2018 ballot, and would instead work to get the measure on the 2020 ballot. Due to legal challenges surrounding the measure's official ballot title and summary, proponents would not have been cleared for signature gathering in time to gather the required 88,184 valid signatures. In a best-case scenario, proponents would have had less than 24 hours to collect the signatures before the July 6, 2018, deadline. Mark Knutson, a primary sponsor of the initiative, said the group would attempt to get the measure on the 2020 ballot.

Measure design

This initiative would have banned certain firearms defined by the initiative as assault weapons and ammunition magazines capable of holding more than 10 rounds. Specifically, the initiative would have prohibited the manufacture, import, sale, purchase, transfer, or possession of the following and made any violations a Class B felony:

• any semiautomatic rifle with a detachable magazine and any of the following features:
  • a grip, such as a pistol grip or thumbhole stock, designed to allow the operators trigger hand to be directly below the action of the rifle while firing rather than behind the firing action of the rifle as with most traditional hunting rifles;
  • any grip or shroud that can be held by the non-trigger hand while firing;
  • a flash suppressor or muzzle break/compensator or reduce recoil;
  • a bayonet mount or grenade/flare launcher;
• any semiautomatic pistol or rifle with a fixed ammunition magazine with a capacity of more than 10 rounds;
• any semiautomatic rifle shorter than 30 inches;
• a semiautomatic pistol with one of the following:
  • any secondary grip or barrel cover that can be held by the non-trigger hand while firing;
  • a folding, telescoping, or thumbhole stock;
  • the ability to accept an ammunition magazine in any other location than into the grip;
  • a threaded barrel that can accept a silencer;
• any semiautomatic shotgun with any of the following features:
  • a pistol or thumbhole grip combined with a folding or telescoping stock;
  • a fixed ammunition magazine capable of holding more than 10 rounds;
  • an ability to receive a detachable ammunition magazine;
  • a revolving cylinder magazine
• any kit or combination of parts able to convert a firearm in any of the ways prohibited above.

The initiative would have established exceptions for government officials, military personnel, and police officers. It would have also permitted those who legally owned a banned firearm to keep it if they register with the state police and undergo a background check. Under the initiative, people could have also kept otherwise banned firearms if they are made permanently inoperable.

Text of measure

Ballot title

The certified ballot title for this measure is as follows:

“

Prohibits “Assault Weapons” (Defined), “Large Capacity Magazines” (Defined), Unless Registered With State Police. Criminal Penalties. Result of “Yes” Vote: “Yes” vote prohibits “assault weapons” (defined), “large capacity magazines” (defined), unless registered with State Police after background check. Criminal penalties. State Police must maintain registry. Result of “No” Vote: “No” vote retains current law requiring background check for firearm purchases, barring purchases by certain individuals, and not requiring registration of firearms or ammunition magazines.

”

Draft ballot title

The draft ballot title for this measure was as follows:

“

Criminalizes possession or transfer of “assault weapons” (defined) or “large capacity magazines” (defined), with exceptions. Result of “Yes” Vote: “Yes” vote criminalizes possession/ transfer of “assault weapons” (defined)/ “large capacity magazines” (defined), with exceptions for military/ police/ registered owner approved by State Police. Result of “No” Vote: “No” vote retains current laws, which bar possession of firearms by certain individuals, including convicted felons, some civilly committed persons, domestic abusers, other disqualified persons.

”

Ballot summary

The certified ballot summary for this initiative is as follows:

“

Summary: Measure prohibits “assault weapons” (defined), “large capacity magazines” (defined), unless registered with State Police after background check. Criminal penalties. “Assault weapons” definition includes: Semiautomatic rifles with detachable magazine and certain additional features; “Semiautomatic, centerfire or rimfire rifles,” or semiautomatic pistol, capable of holding more than ten bullets with fixed magazine; Semiautomatic centerfire rifles under thirty inches; Semiautomatic handguns with certain additional features; Semiautomatic shotguns with certain additional features; Shotguns with revolving cylinders. “Large capacity magazines” defined as capable of holding over 10 rounds, excluding tubular magazines in .22 caliber or lever-action firearms. Covered items not registered must be sold/ surrendered/ destroyed. State Police must maintain registry. Acquisition mostly prohibited after effective date, January 1, 2019. Measure may limit uses of covered items. Other provisions.

”

Draft ballot summary

The draft ballot summary for this initiative was as follows:

“

Summary: Measure criminalizes possession or transfer of “assault weapons” (defined)/ “large capacity magazines” (defined) except for military/ law enforcement purposes, or persons authorized by State Police after criminal background check. Otherwise possession or transfer is a Class B felony. Within 120 days, persons lawfully owning such weapons or magazines must remove from Oregon, lawfully sell, surrender to law enforcement, render inoperable, or register items with State Police. Applies to inherited items. Bars moving covered items into Oregon. Assault weapons include certain semiautomatic rifles or pistols with a detachable magazine; pistol or rifles with a fixed magazine holding more than 10 rounds of ammunition; certain semiautomatic shotguns. Large capacity magazine is ammunition feeding device with capacity of more than ten rounds. Effective January 1, 2019. Other provisions.

”

Responses to draft ballot title and petition for judicial review

The Secretary of State reported receiving over 1,000 comments on the ballot title for the initiative. Those comments can be read here.

Deb Royal, chief of staff in the Secretary of State's office, said, "No one can remember anywhere near the number of comments being received for any other (initiative petition)."

As of June 9, 2018, The Oregon Supreme Court received five petitions challenging the ballot title. One petition was filed by Roger Beyer, who said the ballot title "uses the politically charged and emotionally laden words, ‘assault weapons,’ and ‘large capacity magazines.’ The description is also misleading, argumentative, and deceptive because it implies the measure applies only to a limited and belligerent group of ‘assault weapons’ gun owners.” Citing similar concerns the Oregon director of the National Rifle Association also filed a petition challenging the ballot title. A proponent of the measure, Rev. W.J. Mark Knutson, said, "We urge all citizens and any organizations, regardless of their position, to allow this issue to come before the public for a vote. It's time to end the delay tactics and legal maneuverings. Oregonians deserve the opportunity to vote on this matter immediately."

The deadline for ballot title appeals was June 7, 2018. When a challenge is filed against the ballot title, the state attorney general will respond to the challenges and argue that the title is in compliance with state statute, or propose changes to the title. Challengers may respond a second time, then the Supreme Court will review the ballot title and either approve it as-is, rewrite it, or order the attorney general to rewrite it.

Mark Knutson, a primary sponsor of the initiative said, “If we get the go, we’re prepared to get 120,000 signatures in 10 days or less."

On June 27, 2018, the Oregon Supreme Court ruled that Attorney General Ellen Rosenblum must re-write the ballot title and summary before proponents can begin gathering signatures. 88,184 valid signatures were required by July 6, 2018, to qualify the measure for the ballot. On June 28, 2018, proponents decided they would not have enough time to gather the required signatures but would try to get the measure on the 2020 ballot instead.

Full text

The full text of the initiative is below:

“ SECTION 1. Sections 2 to 5 of this 2018 Act are added to and made a part of ORS 166.250 to 166.470. SECTION 2. The people of the State of Oregon find and declare that a reduction in the availability of assault weapons and large capacity ammunition magazines will promote the public health and safety of the residents of this state by t. SECTION 3. As used in sections 2 to 6 of this 2018 Act: (1 )(a) "Assault weapon" means any: (A) Semiautomatic rifle that has the capacity to accept a detachable magazine and has at least one of the following: (i) Any grip of the weapon, including a pistol grip, a thumbhole stock or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing; (ii) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand; (iii) A folding or telescoping stock; (iv) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; (v) A forward pistol grip; (vi) A flash suppressor, muzzle brake, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle brake, or muzzle compensator; (vii) A bayonet mount; or (viii) A grenade launcher or flare launcher; (B) Semiautomatic pistol, or any semiautomatic, centerfire or rimfire rifle with a fixed magazine, that has the capacity to accept more than 10 rounds of ammunition; (C) Semiautomatic, centerfire rifle that has an overall length of less than thirty inches; (D) Semiautomatic pistol that has the capacity to accept a detachable magazine and has at least one of the following: (i) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand; (ii) A folding, telescoping or thumbhole stock; (iii) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned but excluding a slide that encloses the barrel; (iv) The capacity to accept a detachable magazine at any location outside of the pistol grip; (v) A threaded barrel capable of accepting a flash suppressor or forward pistol grip; (E) Semiautomatic shotgun that has both of the following: (i) Any grip of the weapon, including a pistol grip, a thumbhole stock or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing; and (ii) A folding or telescoping stock; (F) Semiautomatic shotgun that has at least one of the following: (i) A fixed magazine capacity in excess of ten rounds; or (ii) An ability to accept a detachable magazine; (G) Shotgun with a revolving cylinder; and (H) Conversion kit, part or combination of parts from which an assault weapon can be assembled if those parts are in the possession or under control of the same person. (b) "Assault weapon" does not include any firearm that has been made permanently in-operable. (2) "Criminal background check" has the meaning given that term in ORS 166.432. (3) "Department" means Department of State Police. (4) "Detachable magazine" means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted into a firearm. (5) "Fixed magazine" means an ammunition feeding device contained in or permanently attached to a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. (6) "Large capacity magazine" means any ammunition feeding device with the capacity to accept more than 10 rounds or any conversion kit or combination of parts from which such a device can be assembled, but does not include any of the following: (a) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds; (b) A .22 caliber tube ammunition feeding device; or (c) A. tubular magazine that is contained in a lever-action firearm. SECTION 4. (1) Notwithstanding ORS 166.250 to 166.470, and except as provided in subsections (2) to (4) of this Section 4, a person commits the crime of unlawful possession or transfer of an assault weapon or large capacity magazine if the person manufactures, imports, possesses, purchases, sells or transfers any assault weapon or large capacity magazine. (2) Subsection (1) of this Section 4 does not apply to: (a) Any government officer, agent or employee, member of the Armed Forces of the United States or peace officer as that term is defined in ORS 133.005 if that person is otherwise authorized to acquire or possess an assault weapon or large capacity magazine and does so while acting within the scope of that person's duties; (b) The manufacture of an assault weapon or large capacity magazine by a firearms manufacturer for the purpose of sale to any branch of the Armed Forces of the United States or to a law enforcement agency in this state for use by that agency or its employees, provided the manufacturer is properly licensed under federal, state and local laws; or (c) The sale or transfer of an assault weapon or large capacity magazine by a firearms dealer licensed under 18 U.S.C. 923 to any branch of the Armed Forces of the United States or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes. (3) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall, within 120 days after the effective date of this 2018 Act, without being subject to prosecution: (a) Remove the assault weapon or large capacity magazine from the state; (b) Sell the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2) of this section; (c) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction; (d) Render the assault weapon permanently inoperable; or (e) If eligible, register the assault weapon or large capacity magazine with the Department as provided in Section 5 of this 2018 Act. (4) Any person who acquires an assault weapon or large capacity magazine, for which registration was previously properly obtained under Section 5 of this Act, by inheritance, bequest or succession, or by virtue of the person's role as executor or other legal representative of an estate or trust, shall, within 120 days after acquiring title, without being subject to prosecution under this section: (a) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction; (b) Transfer the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2)(c) of this section; (c) Render the assault weapon permanently inoperable; or (d) If eligible, register the assault weapon or large capacity magazine with the Department and meet all of the requirements under Section 5 of this 2018 Act, except the time for registering shall run from the date of acquiring title. (5) Any person who moves into the state and immediately prior to moving is in lawful possession of an assault weapon or large capacity magazine, shall, unless exempt under Section 4(2)-(4) of this Act, within 120 days: (a) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction; (b) Transfer the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2)(c) of this section; or (c) Render the assault weapon permanently inoperable. (6) Unlawful possession or transfer of an assault weapon or large capacity magazine is a Class B felony. SECTION 5. (1) Any person seeking to register an assault weapon or large capacity magazine with the Department shall do so as provided in this section within 120 days after the effective date of this 2018 Act. (2) In order to register an assault weapon under this section, the owner of the assault weapon must: (a) Submit to the Department, on a form approved by the Department, the owner's name and address and the identification number of each assault weapon owned by the owner: (b) Be the lawful owner of the assault weapon prior to the effective date of this 2018 Act; and (c) Allow the Department to conduct a criminal background check of the person to confirm that the person is not a prohibited possessor under ORS 166.250. (3) In order to register a large capacity magazine under this section, a person must: (a) Submit to the Department, on a form approved by the Department, the owner's name and address and information sufficient to identify any large magazine owned or possessed by the owner; (b) Be the lawful owner of the large capacity magazine prior to the effective date of this 2018 Act; and (c) Allow the Department to conduct a criminal background check of the person to confirm that the person is not a prohibited possessor under ORS 166.250. (4) A person seeking to register an assault weapon or large capacity magazine must submit evidence satisfactory to the Department to establish that: (a) The owner has securely stored the assault weapon or large capacity magazine pursuant to existing law and, in addition, as provided in any rules and regulations adopted by the Department specifically relating to assault weapons and large capacity magazines; (b) The owner possesses any lawful assault weapon or large capacity magazine only: (A) On property owned or immediately controlled by the registered owner; (B) On property owned by another with the owner's express permission in a manner consistent with subsection (4)(a) in this section; (C) On the premises of a firearms dealer or gunsmith licensed under 18 U.S.C. 923 for the purpose of lawful repair; (D) While engaged in the legal use of the assault weapon or large capacity magazine, at a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting; (E) At a firearms competition or exhibition, display or educational project about firearms sponsored, conducted by approved or under the auspices of a law enforcement agency or a national or state-recognized entity that fosters proficiency in firearms use or promotes firearms education; or (F) While transporting the weapon in a vehicle as permitted in ORS 166.250 to one of the locations authorized under this statute. (5) A registered owner of an assault weapon or large capacity magazine may not sell or transfer the assault weapon or large capacity magazine except to a firearms dealer or to a gunsmith licensed under 18 U.S.C. 923 for repair, lawful sale or transfer or for the purpose of disposal as provided in SECTION 3 of this 2018 Act. (6) A registered owner of an assault weapon or large capacity magazine may not purchase additional assault weapons or large capacity magazines. (7) A registered owner of a registered assault weapon or large capacity magazine must report the loss or theft of such weapon or magazine to the appropriate law enforcement agency within 48 hours of the discovery of the loss or theft. SECTION 6. (1) Upon receipt of a request from a person seeking to register an assault weapon or large capacity magazine, the Department shall determine from, criminal records and other available information whether the potential registrant is disqualified under ORS 166.250 from possessing the assault weapon or large capacity magazine. (2) The Department may adopt a fee schedule for criminal background checks as provided in ORS 166.414. (3) The Department shall establish a means of obtaining the information that must be provided by owners of assault weapons and large capacity magazines who qualify for registration under Section 5 of this 2018 Act, which information must include the information required by Section 5 of this Act, and any other information determined necessary by the Department to carry out the purposes of this 2018 Act. (4) The Department shall maintain a registry of the information obtained by it pursuant to Sections 5 and 6(3) of this 2018 Act, and shall adopt rules concerning the administration of the registry, including but not limited to renewal and revocation procedures and storage requirements for assault weapons and large capacity magazines. (5) The record of the information collected for registration under this section is exempt from disclosure under the public records law in the same manner such information is maintained under ORS 166.436. SECTION 7. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. The people hereby declare that they would have adopted this Chapter, notwithstanding the unconstitutionality, invalidity and ineffectiveness of any one of its articles, sections, subsections, sentences or clauses. SECTION 8. This Act shall take effect on January I, 2019. ”

Support

• Lift Every Voice Oregon is leading the campaign in support of this initiative.

• Ceasefire Oregon is supporting this initiative.

Arguments

Penny Okamoto, executive director of Ceasefire Oregon, said, "Even if we don't get on the ballot, we have a huge political will that cannot be ignored by the Oregon legislature. They cannot continue to ignore a political will like that. If it's not on the 2018 ballot, it will definitely be on the 2020 ballot. We know that people are committed to this. We know people are sick of the carnage."

Mark Knutson, the pastor of the Augustana Lutheran Church in Portland and a sponsor of this initiative, said that the initiative was a response to school shootings. Knutson said, "Young people in this country are crying out. This is the moment in time where we need to step alongside them as adults and do our part with them."

The initiative language states, "The people of the State of Oregon find and declare that a reduction in the availability of assault weapons and large capacity ammunition magazines will promote the public health and safety of the residents of this state."

Rabbi Michael Cahana of Congregation Beth Israel in Portland, who is a proponent of the measure, said, "We felt that it was really important that this was clergy-led because this is a moral issue. We're talking about the safety of our children. We're talking about choosing children rather than choosing guns." Cahana also said, "Our ballot measure isn’t proposing an end to guns in our state. It makes perfect sense to have guns for hunting, it makes perfect sense to have guns for self-defense. They are a tool and there is value to the tools in certain instances. But we believe that assault weapons go beyond those needs. They are the weapon-of-choice for people who choose to commit mass murder. And one very simple step to prevent those mass murders are to make those guns unavailable.”

Opposition

• Rep. Bill Post (R) said, “This is completely out of hand — I couldn’t believe it. I’ve been told so many times by people in favor of gun control: ‘no one is coming to take your guns.’ This explicitly comes for your guns.” Post went on to say, "This got zero comment or help from anybody in Oregon's Democratic leadership. The reason they're not supporting this is that they're not stupid. They know this would bring out the greatest red wave of votes in Oregon history ... We must do something. But this is crazy."

• NRA spokesman, Lars Dalseide, stated, "This ballot initiative classifies practically every semi-automatic firearm as an assault weapon – rifles, shotguns, and even handguns. These are firearms you’ll find in every gun store in America. Should this pass then you’ll have to choose between surrendering your only means of self-protection or registering them with the authorities. Then, when the next ballot initiative passes, they'll know exactly what you have, where it is, and come to take it. Maybe now when we say they’re coming for you’re [sic] guns you’ll believe us."

• John Hanlin, Douglas County Sheriff, said, "Without hesitation, I fully support and defend the Second Amendment and I oppose IP 43. IP43 is a significant threat to one of our most fundamental Constitutional rights and would force legal gun owners to surrender or register certain firearms, or face felony charges."

• The Morrow County Sheriff's Office released a statement on its Facebook page on May 4, 2018, that reads "I am a strong supporter of the 2nd Amendment and believe that the initiative is likely unconstitutional ... Initiative 43 is not the way to go, just say no."

• Knute Buehler, a Republican candidate for governor, said, "It’s not constitutional, and that’s what it takes being a leader, is to stand up and say, ‘These things are wrong.' This is not taking guns away from people who are mentally ill or people who have been domestic abusers, but these are law-abiding citizens who previously bought their firearms.”

• State Sen. Brian Boquist (R-12) was among those who submitted comments on the initiative's draft ballot title. Boquist wrote, "IP 43's ballot title is both incorrect and misleading which is not surprising from the present Attorney General who clearly supports firearms confiscation and registration in this measure."

Local measures related to the Second Amendment and firearms

• On April 10, 2018, Klamath County, Oregon resident Timothy Harris filed initiative petition K-18-1 with the Klamath County clerk in response to this statewide measure. Harris said, "(Gun regulators) are coming after us at the state level and this is just a rebuttal." Initiative petition K-18-1, referred to as the Second Amendment Preservation Ordinance, would create an ordinance to

“

Preserves the right of the People of, on and in Klamath County with the following stated goals: Keep and bear arms as originally understood; in self-defense and preservation, and in defense of one's community and country. Freely manufacture, transfer, sell and buy firearms, firearm accessories and ammunition, which are designed primarily for the same purposes.

”

The ordinance would make it illegal to "in any way limit the rights granted under the United States and Oregon constitutions” and would include penalties if the ordinance was infringed.

• A similar measure was filed in Deschutes County. Jerrad Robison, the chief petitioner of the measure said, "IP-43 is one of the most unconstitutional things I've ever seen. Our Second Amendment has been attacked over and over. It's time for us to take the offensive and stop all of this." Deschutes County Sheriff Shane Nelson said: "I support and defend the Second Amendment and oppose IP 43." However, Nelson indicated his opposition to the county Second Amendment Preservation Ordinance, saying: "I respect and understand the reasoning to want to establish this type of ordinance and I support the spirit of the ordinance, but I believe that the U. S. Constitution carries much more weight and respect than a county ordinance. I believe the Second Amendment is sufficient and this would not be an effective or good use of county ordinances."

• Measure 5-270, the Columbia County, Oregon Second Amendment Preservation Ordinance is on the November 2018 ballot. It would ban the county from enforcing gun regulations including assault weapons bans, restrictions on accessories, and other limitations and regulations. The ordinance includes fines for violations of up to $2,000 for individuals and $4,000 for companies.

• Ryan Mallory obtained PatrioticRevolution.com and created a Facebook page for Patriotic Revolution, a group planning to gather signatures for the Jackson County Oregon Charter Amendment Initiative, initiative petition Jack 18-01—a "second amendment preservation" ordinance ballot measure in Jackson County, Oregon, which contains provisions similar to the initiative filed in Klamath County and other related "second amendment preservation" ordinances. Their website says, "Your competition is ready to confiscate your guns, so be ready… TAKE ACTION, be respectful and be VIGILANT. Recent actions by our State Government, Governor and Gun Control Advocates make the time right to join other counties in Oregon by amending the Jackson County Oregon Charter to address preservation of your 2nd Amendment Rights."

• Similar measures were launched in Umatilla County, Oregon and Linn County, Oregon in June 2018.

• A Second Amendment Preservation Ordinance initiative was approved in Coos County, Oregon, in 2015. Other counties that have passed similar measures include Wallowa County in 2013, Wheeler County in 2015, and Curry County in 2016.

Lewis and Clark College Professor Tung Yin said: “There is something illegitimate if you simply say that we are going to instruct the sheriff not to enforce the gun laws at all. I mean, could a president direct the attorney general to say, ‘You know what, I think the federal drug laws are bad. We can’t get Congress to repeal it, but I’ll just instruct U.S. attorneys to not bring any drug cases at all?’”

Penny Okamoto, the executive director of Ceasefire Oregon, proponents of Initiative 43, said, “so-called ‘Second Amendment Protection’ or SAP ordinances cannot supersede state or federal law.”

Path to the ballot

See also: Laws governing the initiative process in Oregon

The state process

In Oregon, the number of signatures required to qualify an initiated state statute for the ballot is equal to 6 percent of the votes cast for governor in the most recent gubernatorial election. Signatures for Oregon initiatives must be submitted four months prior to the next regular general election. State law also requires paid signature gatherers to submit any signatures they gather every month.

Moreover, Oregon is one of several states that require a certain number of signatures to accompany an initiative petition application. The signatures of at least 1,000 electors are required to trigger a review by state officials, a period of public commentary, and the drafting of a ballot title. Prior to gathering these initial 1,000 signatures, petitioners must submit the text of the measure, a form disclosing their planned use of paid circulators, and a form designating up to three chief petitioners. The 1,000 preliminary signatures count toward the final total required.

The requirements to get an initiated state statute certified for the 2018 ballot:

• Signatures: 88,184 valid signatures were required.
• Deadline: The deadline to submit signatures was July 6, 2018.

In Oregon, signatures are verified using a random sample method. If a first round of signatures is submitted at least 165 days before an election and contains raw, unverified signatures at least equal to the minimum requirement, but verification shows that not enough of the submitted signatures are valid, additional signatures can be submitted prior to the final deadline.

Details about this initiative

• Walter John Knutson, Michael Z. Cahana, and Alcena E. Boozer submitted version #42 of this initiative to the secretary of state on March 19, 2018.
• Proponents withdrew version #42 and replaced it with #43 on March 22, 2018, to fix a technical error in the text.
• To receive a ballot title for the initiative, the proponents needed to submit an initial 1,000 valid signatures.
• On March 26, 2018, proponents submitted 3,443 signatures.
  • Most of the signatures were collected at a March for Our Lives event on March 24, according to proponents.
• On April 16, 2018, the Secretary of State verified 1,539 signatures, which began the process for issuing a ballot title.
• A draft ballot title was issued on April 24, 2018.
• The Secretary of State received over 1,000 comments on the initiative's draft ballot title. Those comments can be read here.
• As of June 9, 2018, The Oregon Supreme Court received five petitions challenging the ballot title. The deadline to appeal the ballot title was June 7, 2018. Supreme Court will review the ballot title and approve it as-is, rewrite it, or order the attorney general to rewrite it. Based on a schedule for court proceedings regarding the ballot title, the earliest the court could rule on the ballot title is June 22, which is two weeks before the signature deadline. Mark Knutson, a primary sponsor of the initiative said, “If we get the go, we’re prepared to get 120,000 signatures in 10 days or less." As of June 24, 2018, proponents of the measure said they were still waiting for a decision from the Supreme Court.
• Due to legal challenges of the measure's ballot title and summary that stopped sponsors from gathering signatures in a timely manner, on June 28, 2018, proponents of the initiative said they would not attempt to get the measure on the 2018 ballot, and would instead work to get the measure on the 2020 ballot.

See also

2018 measures

• 2018 ballot measures
• Firearms on the ballot
• 2018 petition deadlines

Oregon

• Oregon ballot measures
• Oregon initiative laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls
• Ballot measure signature costs

External links

• Initiative 42 text