Measure 114

You know you done messed up with Miguel tells you that you done messed up. Mea culpa, mea culpa, mea culpa.

I had not actually read measure 114 until today. I’ve been writing from second hand reports instead of actually reading the bill.

B.L.U.F. What is Measure 114? What does it do? What are some of the juice tidbits within?

The preamble lists all the reasons why guns are bad and why gun right should be infringed. Nothing we haven’t seen and heard before. Lots of hand waving to “studies show” plus the standard “it would have been worse if this or that infringement wasn’t in place.”

Section 4

This is the Permit-To-Purchase. The first thing of interest is that it is written in reverse. Instead of stating that you are allowed to purchase unless one or more things disqualifies you, it is instead written as you are only allowed to purchase if you meet a list of qualification that is open ended.

Is not prohibited from purchasing or acquiring a firearm under state or federal law, including but not limited to
successfully completing a criminal background check as described under paragraph (e) of this subsection;

You must successfully complete a background check but other things can be done to exclude you is how this language reads.

The subjective part:

Does not present reasonable grounds for a permit agent to conclude that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant’s mental or psychological state or as demonstrated by the applicant’s past pattern of behavior involving unlawful violence or threats of unlawful violence;

“reasonably likely to be a danger to self or other”, if you want to buy a gun you are likely to be a danger to self or others. Very very subjective stuff.

You need to fill out and application and sign it in front of the permit agent. You can’t apply by mail. What is asked on the application is pretty intrusive: name, address, telephone number, date and place of birth, physical description “andany additional information determined necessary by department rules.”

This implies that the department can decide that they want your social media aliases as well.

You are required to be fingerprinted and the FBI must do the criminal background check. Of course they say the FBI supper duper promises not to keep a copy of the fingerprints or a record of who applied for a permit to purchase.

Here is one of those Soviet style clauses. The idea being that the clause says something really good for the people and then takes it away with the exception.

Within 30 days of receiving an application for a permit under this section, if the permit agent has verified the applicant’s identity and determined that the applicant has met each of the qualifications described in paragraph (1)(b) of this section, the permit agent shall issue the permit-to-purchase.

It sounds like you will have to wait a maximum of 30 days from the time you apply before you are granted your permit-to-purchase. That is not what this clause actually says. It says that if the permit agent has verified that a permit should be granted, they have to grant it within 30 days.

What happens if they are just too busy to do the verification within 30 days? This clause actually says they can take as long as they want.

The permit agent shall report the issuance of a permit under this section to the department, and shall provide to the department a copy of the permit and any information necessary for the department to maintain an electronic searchable database of all permits issued under this section. A permit agent revoking a permit shall report the revocation to the department at the time that notice of the revocation has been sent to the permit holder.

Well what about that, they have started a gun and firearm owners registry. What could ever go wrong with that?

The bill explicitly states that expired and revoked permit records are kept forever.

The firearms training requires that all instructors be certified by a law enforcement agency.

The appeals section is interesting in that there is a 30 day hard deadline for the person appealing to get all the paperwork done and submitted. The petitions filed will be heard and disposed of within 15 judicial day or as soon as practicable thereafter.

Sounds like being understaffed and overworked at the permitting agency is a good enough excuse to deny people their right to keep and bear arms.

Question for FFL holders, if somebody decides not to take possession of a firearm after completing a NICS check and being approved, do you have to notify anybody of that event? According to this bill, an FFL is required to report the actual transfer of the firearm. And yes, they FFL is required to report make, model and serial number. Gun registry for sure.

They already have a universal (except for criminals) background check requirement. This bill now adds a permit-to-purchase requirement.

At least on the private transfer section, if the department can not determine if a person is qualified, they are presumed disqualified. Or stated differently, delayed no longer defaults to proceed after time expires, instead i defaults to denied.

They are banning standard capacity magazines that hold more than 10 rounds. Fortunately my lever action rifles are excluded from this if they use a tube magazine.

The entire thing is nasty, but they knew it was an infringement when they wrote it:

SECTION 12. If any provision of this 2022 Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. The people hereby declare that they would have adopted this Chapter, notwithstanding the unconstitutionality, invalidity and ineffectiveness of any one of its articles, sections, subsections, sentences or clauses.

Yep, they wrote this monstrosity such that if any part is found unconstitutional it doesn’t change the rest of the bill. Each infringement must be challenged in order for the law to be overturned. There might be cases where a judge will strike down more than just a single clause, but not always.

Measure-114 PDF Warning