As Ballot Measure 114 is scheduled to become law on Thursday, the Oregon Association Chiefs of Police (OACP) said Monday, they are doing everything they can to make sure permits to purchase are available but say “it is a challenge.”
The association says the infrastructure, processes, and resources necessary to make that happen do not yet exist.
"Anytime we implement a completely new process in government, it takes time, it just takes time to figure out what that looks like," said Eugene police chief and president of the association, Chis Skinner. "The ballot measure and the way it was written had some unanswered questions that we have to have answered before we can understand what the process can look like.”
This comes as four lawsuits have been filed in federal court challenging the constitutionality of both the permit process and the magazine capacity limits Measure 114 calls for. On Friday, a District Court judge in Portland heard arguments for and against granting a preliminary injunction, or a temporary pause on the measure. U.S. District Judge Karin J. Immergut promised a decision by Tuesday at the latest.
Oregon Attorney General Ellen Rosenblum's legal team filed a response to the request for injunction Sunday agreeing to a pause on the permit requirement. The response noted that this does not mean it believes 114 is unconstitutional nor is it agreeing to pause the magazine capacity limits called for in 114.
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"There is no process right now. If somebody walked into my police department and said I need to fill out your application for a permit so that I can purchase a firearm, we would tell them, we don’t have the applications," he said. “It really is disproportionate to some of our smaller agencies to absorb the work that Ballot Measure 114 is going to impose on us. “
He said there are still unanswered questions about how the permitting process will work, what the application will look like and how gun safety and competency demonstration requirements will be implemented.
"Traditionally, when we have new legislation, whether it’s a House Bill or a Senate Bill that goes through our processes, we are invited to the table to have conversations about the unintended consequences, and in this particular case what our hope would have been is that we were involved in this conversation sooner," he said.
Legislative chair for Lift Every Voice -- the organization that championed the measure-- Liz McKanna was unavailable for an interview. In a written statement she said the organization agrees with the attorney general's position on postponing the permit requirement only.
"We welcome the opportunity to sit down with him and other law enforcement to talk about implementation," it reads. "We are eager to make the process as smooth as possible. And, though we would like implementation to move forward promptly, we understand and support the request of the Attorney General to give law enforcement more time to set up the process."
OACP makes the following claims in a declaration submitted to the court:
- BM 114 makes each police agency in Oregon a “permit agent” for their respective jurisdictions. Currently, OACP is working with OSP and OSSA to create a permit-to-purchase system that meets BM 114’s requirements. But there is currently no system in place, and therefore no permits to purchase can be issued.
- There will be a financial burden to law enforcement agencies across the state to meet BM 114’s requirements. The revenue generated by the permits (limited to $65 for each permit) will not come close to fully funding the associated expenditures. Most law enforcement agencies don’t have the personnel or money necessary to fund this required program. This will likely result in other public safety resources being reduced to cover the costs of implementing a new permit program.
- BM 114 also requires permit-to-purchase applicants to provide proof of very specific training requirements. Some of these requirements can be completed online, but one requires a demonstration to be completed in person before an instructor who is certified by a law enforcement agency. We are not aware of any current training program that meets the requirements of Measure 114. OACP believes that every person wishing to obtain a permit, including our law enforcement officers, will first have to complete training that does not yet exist.
The OACP says they believe there is no way an operational permit system will be in place by Dec. 8 or in the near future. OACP supports the motion made in federal court for a preliminary enjoin of Ballot Measure 114, and the group has submitted a declaration to the court outlining the challenges they see with them implementing this measure in such a short time period.
The OACP says they understand that the state is agreeing to concede a stay on the Measure 114 permit-to-purchase process.
“We ask for patience from those across Oregon as we get further direction from the court and the details of the stay. In the meantime, we will continue to work collaboratively with other law enforcement agencies to honor Oregon voters by working toward effective implementation,” the group said in a statement.
Skinner, the Eugene police chief and president of the Oregon Association Chiefs of Police, held a press conference on Monday, Dec. 5.