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Oregon Constitutional Right to Own Semiautomatic Firearms Initiative (2020)

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Oregon Constitutional Right to Own Semiautomatic Firearms Initiative
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Election date
November 3, 2020
Topic
Firearms
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens


The Oregon Constitutional Right to Own Semiautomatic Firearms Initiative was not on the ballot in Oregon as an initiated constitutional amendment on November 3, 2020.

Measure design

The measure would have created a constitutional right to own, use, and transfer semiautomatic firearms and other similar firearms allowed under federal law. The measure would have also nullified a 2018 Oregon law, House Bill 4145, which restricted firearm possession for some individuals convicted of domestic abuse and stalking. The measure would have required that any future regulation regarding firearms not place "unreasonable burdens or special liabilities" on owning firearms or restrict the ability to store firearms in a "readily available operable state."[1][2][3][4][5]

Note: Terms in quotations were left undefined in the text of the measure.

Text of measure

Ballot title

The certified ballot title for this measure would have been as follows:[2]

Amends Constitution: Creates constitutional right to possess, use, transfer

semiautomatic, other firearms. Limits new firearm regulations. Retroactive.[6]

Ballot summary

The certified ballot summary for this measure would have been as follows:[2]

Amends constitution. The Oregon Constitution currently protects “arms” similar to those used for self-defense in 1859, including some firearms. State and local governments may regulate firearm ownership and use, in order to protect public safety. Proposed measure creates constitutional right to possess, use, transfer semiautomatic and “functionally similar” firearms that are currently available for civilian purchase under federal statutes. Measure retains existing firearm restrictions for some classes of individuals, including felons, but nullifies state restriction against possession by some domestic abusers that became effective July 1, 2018. Future regulations may not place “unreasonable burdens or special liabilities” (undefined) on acquisition of firearms that are the subject of the measure, or on keeping such firearms in “readily available operable state.” Other provisions.[6]

Constitutional changes

See also: Article I, Oregon Constitution

The measure would have added a new Section 27b to Article I of the state constitution. The full text can be read here.

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 constitutional amendment for the ballot is equal to 8 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 requirements to get an initiated constitutional amendment certified for the 2020 ballot:

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

  • Sharon Preston and Carlyan Castanello filed this initiative on July 23, 2018.[3]
  • The initiative was never cleared for signature gathering.[3]

See also

External links

Footnotes