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Oregon attorney general issues ballot title for initiative to ban sales of "assault weapons"
Oregon Live ^ | 05/23/18 | Hillary Borrud

Posted on 05/24/2018 9:35:20 AM PDT by Simon Green

Oregon's attorney general on Wednesday released a certified ballot title for an initiative to ban the sale of high-capacity magazines and a broad range of semiautomatic pistols, rifles and shotguns.

The initiative also would require most existing owners of these weapons to pass criminal background checks and register with the state in order to keep them. Failure to do so would be a Class B felony.

The new ballot title for Initiative Petition 43 reads: "Prohibits 'Assault Weapons' (Defined), 'Large Capacity Magazines' (Defined), Unless Registered With State Police. Criminal Penalties."

The measure's opponents could still appeal to the Oregon Supreme Court to force changes to the title. Portland-area clergy are leading the effort to gather the 88,184 signatures needed by July 6 to get it on the November ballot.

The ballot initiative would ban the manufacture and sale of magazines that can hold more than 10 rounds of ammunition, and firearms classified as assault weapons in Oregon starting in 2019. It would define assault weapons as certain semiautomatic rifles and pistols that can accommodate detachable magazines and have other military-style features, such as a collapsible stock or grenade launcher, plus some semiautomatic shotguns. Military and law enforcement employees who are required to carry firearms would be exempt, as would retailers and manufacturers who supply those agencies. Attorney General Ellen Rosenblum's office released a draft ballot title in April.

The agency made revisions to the ballot title caption, tweaked explanations of the effect of a "yes" or "no" vote, and updated a summary of the initiative. The Secretary of State's office said the draft ballot title attracted what appeared to be a record number of public comments.

State elections workers received 1,095 comments by the May 8 deadline, according to Debra Royal, chief of staff to Secretary of State Dennis Richardson. The office does not track the number of comments received on previous initiative petitions, but Royal said a longtime state elections worker told her the state typically receives 10 to 15 comments on the draft ballot title for any given initiative.

"We have reviewed each and every comment," wrote Denise G. Fjordbeck, a lawyer at the Department of Justice, in a letter to the Secretary of State's office on Wednesday. "While many of the comments simply stated support or opposition to the proposed measure, many hundreds suggested specific language for use in the ballot title."

Most commenters took issue with the inclusion of such terms as "assault weapons" and "large capacity magazines" in the title, the attorney general's office found. Commenters complained that "assault weapon" was "an inflammatory, imprecise, or ambiguous term," Fjordbeck wrote. Both terms come from the original text submitted by the initiative petitioners.

As for "large capacity magazines," Fjordbeck wrote, "it is important to communicate the breadth and scope of this proposal, including its impact on magazines as part of the actual major effect." However, in both cases she determined that it was impossible to more fully define or describe the terms in the 15-word limit for initiative captions.

The chief petitioners for the initiative objected to the draft ballot title's statement that the measure would criminalize the possession of certain firearms. They said it would ban future sales of certain guns and regulate possession for those who already own them. Those people would be required to register the weapons and pass a background check. Others noted that registration would be a significant change in the law.

"Although we agree that the draft ballot title overemphasized the significance of criminal penalties, the proposed measure does impose serious criminal consequences for noncompliance, and those penalties are also an actual major effect of the measure," Fjordbeck wrote.

The attorney general's office removed a reference in the caption to banning the transfer of the firearms and high-capacity magazines. The only reference to the ban on sales and transfers is now in the summary of the initiative's effects, which states "acquisition mostly prohibited after effective date, January 1, 2019."


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections; US: Oregon
KEYWORDS: banglist
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I expect this to pass, sadly.
1 posted on 05/24/2018 9:35:20 AM PDT by Simon Green
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To: Simon Green

Sad. What’s even more depressing is that bad law is seldom repealed.


2 posted on 05/24/2018 9:36:21 AM PDT by rarestia (Repeal the 17th Amendment and ratify Article the First to give the power back to the people!)
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To: rarestia

exactly some liberal judge will step in and claim the law can’t legally be repealed


3 posted on 05/24/2018 9:38:16 AM PDT by Bob434
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To: Simon Green

Isn’t “assault weapon” a Diane Feinstein made up term. There’s no such thing.


4 posted on 05/24/2018 9:40:40 AM PDT by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.)
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To: Simon Green

(all these f-faced political lying thief gun-grabber-wannabes surround themselves with armed guards........................... at taxpayer expense, too)


5 posted on 05/24/2018 9:42:18 AM PDT by faithhopecharity ("Politicans aren't born, they're excreted." -Marcus Tillius Cicero (3 BCE))
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To: OrioleFan

My fists are assault weapons ... and my breath ...


6 posted on 05/24/2018 9:45:31 AM PDT by bankwalker (Immigration without assimilation is an invasion.)
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To: Simon Green

The majority of owners of these weapons/magazines will register them gladly, just like in CA, NY, MA, NJ, & MD. The compliance rate will approach 90%. Society is now anti-gun.

NOT!!!!!


7 posted on 05/24/2018 9:47:43 AM PDT by elcid1970 ("The Second Amendment is more important than Islam. Buy ammo.")
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To: Simon Green

Back ground checks with simultaneous waiting period of up to a week for all types of handguns has been in effect in oregon for decades.

Long guns are also now background checked as well as waiting period.


8 posted on 05/24/2018 9:51:33 AM PDT by chief lee runamok
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To: Simon Green

Why can’t we just round up and hang these Azzhats fowedr treason


9 posted on 05/24/2018 9:51:56 AM PDT by Renegade
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To: rarestia

Seldom repealed, frequently violated.


10 posted on 05/24/2018 9:52:45 AM PDT by mrmeyer (You can't conquer a free man; the most you can do is kill him. Robert Heinlein)
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To: elcid1970

“compliance rate will approach 90%”

As if they have any measure of the total in the first place...

I have 10 they have no record of, even if they reviewed all of the 4473s in the world.


11 posted on 05/24/2018 9:53:21 AM PDT by G Larry (There is no great virtue in bargaining with the Devil)
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To: G Larry

well....until that terrible boating accident....


12 posted on 05/24/2018 9:54:07 AM PDT by G Larry (There is no great virtue in bargaining with the Devil)
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To: chief lee runamok
Long guns are also now background checked as well as waiting period.

Waiting periods are usually less than 15 minutes in my experience. Has the law changed recently?

13 posted on 05/24/2018 10:01:04 AM PDT by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: Simon Green

SCOTUS has to drive a stake through this kind of stuff. When will RBG fall over?


14 posted on 05/24/2018 10:04:34 AM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: Simon Green
Does any semiautomatic rifle or pistol not fit into this: "semiautomatic rifles and pistols that can accommodate detachable magazines". The ballot measure should be retitled to say: "Revokes US 2nd amendment, bans semiautomatic rifles, pistols, and magazines."

Glad I moved from Oregon years ago.

15 posted on 05/24/2018 10:04:50 AM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!)
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To: Simon Green

I used to like Oregon. Until filthy kalifornians ruined it. I used to like Colorado, until filthy kalifornians... I used to like Washington State.....


16 posted on 05/24/2018 10:09:01 AM PDT by LouAvul (The most High ruleth in the kingdom of men, and giveth it to whomsoever he will.)
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To: chief lee runamok

Long guns have been background checked for 20 years under federal law.


17 posted on 05/24/2018 10:10:27 AM PDT by ltc8k6
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To: elcid1970
Sadly, too true. The compliance rate will approach 90% as most people with individually comply rather than risk the costs to defend themselves and the felony jail time if that fails. We're too comfortable. Look at how many states and localities have already thumbed their noses at the 2nd amendment, how many Americans have already given up their rights. The courts and congress have sold us out. Voters have not held anyone accountable, acting powerless.

I don't have an answer. Waiting for the courts to act is futile. Heller was years ago and completely ignored, even in DC. Rulings like that are phyric victories.

For the courts, everyone needs to stop appointing non gun owning justices. Make that a litmus test. Do you own guns? Have you shot them in past year? Do you have a CCW permit (presuming residence in a state with one). Bet if gun owning judges were appointed, we might eventually turn the courts around.

18 posted on 05/24/2018 10:17:50 AM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!)
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To: elcid1970

IRRC, in CT the police were forced to admit that only 5-10% actually followed the law and registered anything.


19 posted on 05/24/2018 10:18:13 AM PDT by matt04
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To: Reno89519

I think the OP was being sarcastic on 90% compliance. IN places like CT, the compliance race was reported to be 5-10% IIRC.


20 posted on 05/24/2018 10:20:49 AM PDT by matt04
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