A permit-to-purchase issued under this section does not create any right of the permit holder to receive a firearm.
[Full text of the measure available here at Ballotpedia. PDF warning.]
This is from the Section 4 — specifically, Sectiom 4(6)(a) — of the measure that mandates a permit-to-purchase for all non-family firearm transfers (remember that Oregon prohibited private transactions outside immediate family members a few years ago). To qualify for a permit-to-purchase, an applicant must:
- Complete an application (form to-be-determined) with legal name, current address, telephone number, place and date of birth, physical description, and any other information the agency issuing the permit deems necessary;
- Sign the application in front of the permit agent;
- Provide proof of completion of a firearm safety class approved by law enforcement;
- Provide government-issued photo ID;
- Submit to fingerprinting and additional photographing by the permit agent;
- Submit to a criminal background check through the Oregon State Police (OSP) and Federal Bureau of Investigation (FBI) — more on this in a moment — and,
- Pay the fees associated with the fingerprinting and background check, which the measure says shall not exceed $65 (read: shall be $65).
The measure also allows up to 30 days for the permit-to-purchase background check (and if you think the permitting agency getting an answer back early means you'll get your permit early, I've got a bridge in Alaska for sale at a great price). Presenting a permit-to-purchase to the gun dealer, as required by this measure, also does NOT replace the OSP-run background check at the point of sale OR its $10 fee.
The fingerprint card gets sent to the FBI as part of the process, and this bit is "interesting" — from the measure, Section 4(1)(e): "The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal background check and may not keep any record of the fingerprints." Does the State of Oregon have the authority to tell the FBI what information it may and may not keep? I doubt it.
But back to the QOTD above. While I understand that neither the U.S. or State Constitutions nor any legislative bill or ballot measure "create" any rights, this line's appearance in the text would mean that even after jumping through all the hoops, passing all the checks, and paying all the fees, a permit holder could still be denied a firearm.
The effective date is not stated in the measure (which is another "interesting" aspect), but is assumed to be 30 days after passage, or December 8, 2022. That doesn't give permit agencies much time to standardize forms, review and approve "safety classes", or implement an entire permitting scheme, does it?
It's not hyperbole to say this measure is a major blow to the firearms industry in Oregon. I already know of multiple dealers whose plan in the face of this is to sell their existing stock (which due to panic, should be done by this weekend) and then either close up shop or move out of state. Nobody will be able to buy or sell a firearm until permits-to-purchase are in-hand, which will be 30 days after the effective date, assuming "safety classes" are available (more on this in another post). That's at least a month of zero legal firearm sales.
And this is only one section of the measure. I'll have more to post on it in the coming days.
Yes, it's going to be challenged in court, especially in light of SCOTUS' Bruen decision, but that will take time and resources. In the meantime, we have to live with it.
Stay safe out there.