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    The document summarizes four cases challenging the constitutionality of Measure 114 in Oregon. It notes that the cases challenge 1) restrictions on large capacity magazines, 2) permit-to-purchase provisions, and 3) whether the permit system can be implemented by December 8, 2022. The state agrees to postpone implementing the permit system given that local law enforcement has indicated the necessary training will not be ready. The state proposes allowing firearm purchases without a permit for a limited time while the system is set up.

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    The Oregon Department of Justice asked a federal judge to postpone part of Measure 114.

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    Attorney General Letter to the Court

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    The document summarizes four cases challenging the constitutionality of Measure 114 in Oregon. It notes that the cases challenge 1) restrictions on large capacity magazines, 2) permit-to-purchase provisions, and 3) whether the permit system can be implemented by December 8, 2022. The state agrees to postpone implementing the permit system given that local law enforcement has indicated the necessary training will not be ready. The state proposes allowing firearm purchases without a permit for a limited time while the system is set up.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    16K views3 pages

    Attorney General Letter To The Court

    Uploaded by

    KGW News
    The document summarizes four cases challenging the constitutionality of Measure 114 in Oregon. It notes that the cases challenge 1) restrictions on large capacity magazines, 2) permit-to-purchase provisions, and 3) whether the permit system can be implemented by December 8, 2022. The state agrees to postpone implementing the permit system given that local law enforcement has indicated the necessary training will not be ready. The state proposes allowing firearm purchases without a permit for a limited time while the system is set up.

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    © All Rights Reserved
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    of 3

    Case 2:22-cv-01815-IM Document 34 Filed 12/04/22 Page 1 of 3

    ELLEN F. ROSENBLUM LISA M. UDLAND


    Attorney General Deputy Attorney General

    DEPARTMENT OF JUSTICE
    TRIAL DIVISION

    December 4, 2022

    The Honorable Karin J. Immergut


    U.S. District Court for the District of Oregon

    Re: Oregon Firearms Federation, Inc. v. Brown, No. 2:22-cv-01815-IM


    Fitz v. Rosenblum, No. 3:22-cv-01859-IM
    Eyre v. Rosenblum, No. 3:22-cv-01862-IM
    Azzopardi v. Rosenblum, No. 3:22-cv-01869-IM

    Dear Judge Immergut,

    Your Honor is presiding over four cases asserting that Measure 114 is unconstitutional:
    Oregon Firearms Federation, Inc. v. Brown, No. 2:22-cv-01815-IM (“Oregon Firearms”); Fitz
    v. Rosenblum, No. 3:22-cv-01859-IM (“Fitz”); Eyre v. Rosenblum, No. 3:22-cv-01862-IM
    (“Eyre”); Azzopardi v. Rosenblum, No. 3:22-cv-01869-IM (“Azzopardi”). I represent the State
    Defendants in all four. I am writing today to inform you that, in light of new information, the
    State agrees that the Court should postpone one aspect of Measure 114.

    Together, the various cases make three basic challenges to Measure 114:

    1. Facial challenges to Measure 114’s restrictions on large capacity magazines (Oregon


    Firearms, Fitz, and Eyre);
    2. Facial challenges to Measure 114’s permit-to-purchase provisions (Oregon Firearms
    and Eyre); and
    3. Challenges based on whether the permit-to-purchase provisions can be implemented
    by December 8, 2022 (Eyre and Azzopardi).

    The hearing last Friday addressed the first two types of challenge, the first in more depth
    than the second. But because neither Oregon Firearms nor Fitz raised any claims based on
    whether Measure 114 could be implemented on December 8, the third type of challenge was not
    addressed. Plaintiffs in Eyre and Azzopardi, however, have moved for provisional relief based
    on anticipated implementation difficulties. The State’s response to those motions is due by 9:00
    p.m. Tuesday, December 6.

    In its response, the State Defendants will agree that implementation challenges require
    postponing implementation of one aspect of Measure 114. Specifically, the State agrees that the
    Court should enter an order providing a limited window in which Oregonians will be able to
    purchase firearms even if they do not have a permit, while also allowing Oregonians to apply for
    and be issued permits. We intend to reach out to Plaintiffs in Eyre and Azzopardi within the next
    day to discuss a proposed stipulation that allows this window.

    100 SW Market Street, Portland, OR 97201


    Telephone: (971) 673-1880 Fax: (971) 673-5000 TTY: (800) 735-2900 www.doj.state.or.us
    Case 2:22-cv-01815-IM Document 34 Filed 12/04/22 Page 2 of 3

    December 4, 2022
    Page 2

    The State’s response on Tuesday will explain this position and our proposed stipulation
    in more detail. Succinctly, local law enforcement partners have made it clear that necessary
    pieces of the permit to purchase system will not be in place by December 8. Most significantly,
    Measure 114 requires a person applying for a permit to purchase a firearm to present their police
    chief or county sheriff with “proof of completion of a firearm safety course.” § 4(1)(b)(D).
    After the Court’s December 2 hearing, the State learned from local law enforcement agencies
    that one element of the safety course—an “[i]n-person demonstration … before an instructor
    certified by a law enforcement agency,” Measure 114 § 4(8)(c)(D)—will not be available by
    December 8. Associations representing local law enforcement also informed the Court of this
    and other limitations that they perceive. The Executive Director of the Oregon State Sheriffs’
    Association, Jason Myers, and the Executive Director of the Oregon Association of Chiefs of
    Police, Kevin L. Campbell, submitted declarations in Eyre confirming that the Sheriffs’
    Association is “working on the development of a training course to meet Measure 114’s
    requirement” (Decl. of Jason Myers (ECF #10) ¶ 11) but that an “operational permit system” will
    not be in place by December 8. (Id. ¶ 12; Decl. of Kevin L. Campbell (ECF #9) ¶¶ 8, 10.)

    As such, it has become clear that the police chiefs and sheriffs (who serve as the sole
    permitting agents under Measure 114) will not be prepared to issue permits on December 8.
    Executive Director Myers represented that it will take “at least another month” to prepare an
    operational permit system. (Myers Decl. ¶ 12.)

    The State is committed to working cooperatively with its partners in local law
    enforcement. For Measure 114 to meet its goal of “enhance[ing] public health and safety in all
    communities,” it is critical that local law enforcement has adequate time to effectively implement
    the Measure. The State hopes that it can reach a narrow and brief stipulation with the Eyre and
    Azzopardi plaintiffs to achieve this goal.

    The State’s position that Measure 114 is constitutional on its face remains the same. As
    our briefing will explain, there is no basis to enjoin Measure 114’s provisions governing the
    issuance of permits to purchase (§§ 4–5), its restrictions on large-capacity magazines (§ 11), or
    various provisions requiring completed background checks when firearms are purchased.

    The State’s proposed postponement would mean that, while the permitting system is
    brought online, Oregonians who lack a permit will be able to purchase and transfer firearms.
    Meanwhile, the State and local law enforcement would continue to work towards implementing
    Measure 114’s permit provisions. Moreover, Oregonians would be able to begin the application
    process. When the Court’s order expires, Measure 114’s permit requirement for purchases
    would go into effect.
    Case 2:22-cv-01815-IM Document 34 Filed 12/04/22 Page 3 of 3

    December 4, 2022
    Page 3

    Because implementation issues were not raised by the plaintiffs in Fitz or Oregon
    Firearms, this proposal should not affect the Court’s forthcoming rulings on the motions argued
    Friday. The State looks forward to the Court’s rulings on those motions.

    Sincerely,

    s/Brian Simmonds Marshall

    Brian Simmonds Marshall


    Senior Assistant Attorney General

    cc by ECF: All counsel of record.

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