Legal Details
Legislation

The Richard H. Chambers U.S. Court of Appeals Building in San Francisco — home to the Ninth Circuit, which has ruled on Oregon's firearm regulations multiple times.
Coolcaesar (CC BY-SA 3.0)
| Identification | |
|---|---|
| Jurisdiction | |
Territory | Oregon |
Oregon Measure 114 and 2026 Firearms Laws Update
Legal information and analysis
From The Boise Gun Club Handbook
This is educational information, not legal advice. Laws change. Consult an attorney for your specific situation.
Oregon gun owners are living in a legal holding pattern: Measure 114 — the voter-approved law that would require a permit to buy any firearm and ban magazines over 10 rounds — has been tied up in court since the day it passed in 2022, and the Oregon Legislature just pushed the earliest possible implementation date to January 1, 2028.
What Measure 114 Actually Doesedit
Measure 114 was approved by Oregon voters on November 8, 2022, passing 50.65% to 49.35% — about as narrow a margin as you can get. According to Ballotpedia, it was an initiated state statute, meaning it came from a citizen petition rather than the Legislature.
The measure does three main things:
- Permit to purchase — Before buying any firearm, you'd need a permit issued by local law enforcement. To get one, you'd have to pay a fee, submit a photo ID, be fingerprinted, complete an approved firearm safety course, and pass a criminal background check. You also cannot be prohibited from possessing firearms or be deemed a danger to yourself or others.
- Magazine ban — Prohibits manufacturing, importing, purchasing, selling, possessing, using, or transferring magazines capable of holding more than 10 rounds. Violations are a Class A misdemeanor, punishable by up to 364 days in jail, a fine of up to $6,250, or both.
- Background check closure — Closes the so-called "Charleston Loophole," which currently allows a firearm transfer to proceed if a background check takes more than three days without a completed result.
Under the original measure's design, permits would be valid for five years and issued by the Oregon Department of State Police. Renewal would not require fingerprinting or a new training course unless requirements had changed. A permit can be revoked if the holder is arrested or cited for a disqualifying crime. Denial decisions can be appealed to the county circuit court within 30 days, and those petitions must be heard within 15 judicial days.
Key Point: The permit does not create a right to receive a firearm, and it does not limit how many firearms a permit holder can purchase during the permit's five-year validity.
Unlawfully transferring a firearm to someone without a valid permit is also a Class A misdemeanor under the measure.
Three Years of Court Fightsedit

Measure 114 has never spent a single day in force. The legal challenges started before the ink was dry.
Federal challenge (U.S. District Court): On November 18, 2022, the Oregon Firearms Federation and Sherman County Sheriff Brad Lohrey filed suit in U.S. District Court arguing the measure violated the Second Amendment. On December 6, 2022, U.S. District Judge Karin Immergut ruled the measure could take effect, granting only a 30-day hold on the permit requirement to give law enforcement time to build the permitting system. On July 15, 2023, Judge Immergut issued a fuller ruling finding the magazine restriction constitutional under the Second Amendment, concluding Oregon's limits are consistent with the nation's historical tradition of firearm regulation. That federal challenge, per the NRA-ILA, continues in the 9th Circuit Court of Appeals.
State challenge (Harney County Circuit Court): On December 2, 2022, Gun Owners of America (GOA), the Gun Owners Foundation, and two individual plaintiffs filed a second lawsuit in Harney County Circuit Court arguing the measure violated the Oregon Constitution's right to bear arms. On December 6, 2022 — the same day Immergut ruled the measure could proceed — Harney County Circuit Judge Robert S. Raschio issued a ruling blocking the entire law from taking effect. The Oregon Supreme Court declined to intervene on an emergency basis on December 7, 2022, keeping the block in place.
Judge Raschio issued a preliminary injunction against the magazine ban on December 15, 2022, and issued a full ruling in November 2023 that the ballot measure violated the Oregon Constitution.
On March 12, 2025, the Oregon Court of Appeals reversed Raschio's ruling, finding he applied an incorrect legal framework and declaring the measure facially constitutional. Oregon Attorney General Dan Rayfield called it "a big step forward for gun safety in Oregon." Opponents appealed, and on April 14, 2025, GOA and its co-plaintiffs asked the Oregon Supreme Court to take the case. Oral arguments were heard on November 6, 2025. As of this writing, the Oregon Supreme Court has not issued its ruling.
| Court / Body | Ruling | Date | Outcome |
|---|---|---|---|
| U.S. District Court (Immergut) | Federal 2A challenge | Dec. 6, 2022 | Measure could proceed; 30-day hold on permits |
| Harney County Circuit Court (Raschio) | State constitution challenge | Dec. 6, 2022 | Entire law blocked |
| Harney County Circuit Court (Raschio) | Preliminary injunction, magazine ban | Dec. 15, 2022 | Magazine ban blocked |
| Oregon Supreme Court | Emergency intervention request | Dec. 7, 2022 | Denied; block remained |
| Oregon Supreme Court | Mandamus petition by AG | Feb. 9, 2023 | Denied |
| U.S. District Court (Immergut) | Magazine restriction constitutionality | July 15, 2023 | Magazines constitutional under 2A |
| Harney County Circuit Court (Raschio) | Full trial ruling | Nov. 21, 2023 | Measure violates Oregon Constitution |
| Oregon Court of Appeals | Appeal of Raschio ruling | March 12, 2025 | Reversed; measure declared facially constitutional |
| Oregon Supreme Court | Appeal of Court of Appeals ruling | Arguments Nov. 6, 2025 | Pending |
| 9th Circuit Court of Appeals | NRA federal challenge | Ongoing | Pending |
House Bill 4145: What the Legislature Did in 2026edit
With the Oregon Supreme Court still deliberating and implementation looming, the Legislature moved to set rules for how Measure 114 would actually roll out — if courts allow it to.
HB 4145 passed the Oregon House 33-19 on February 25, 2026. The Senate passed an amended version 30-0 on March 5, 2026. The House concurred with the Senate's amendments 50-3 on March 6, 2026, according to Ballotpedia. The bill's passage was not without drama — a dispute over a committee vote and a subsequent conduct complaint against the bill's chief sponsor led to a one-day Republican walkout in the House before the bill ultimately advanced.
The Senate's amended version — designated HB 4145 B-Engrossed — moved the implementation date of Measure 114 to January 1, 2028. It also included a legislative intent section stating the bill does not intend to interfere with ongoing litigation over the measure's constitutionality.
What changed: Here's what HB 4145 modifies from the original Measure 114:
| Provision | Original Measure 114 | HB 4145 (as amended) |
|---|---|---|
| Permit-to-purchase effective date | March 15, 2026 | January 1, 2028 |
| Magazine ban effective date | March 15, 2026 | January 1, 2027 (or date of affirmative Supreme Court ruling) |
| Permit application fee | Up to $65 | Up to $150 |
| Permit renewal fee | Up to $50 | Up to $110 |
| Processing window for permit agents | 30 days | 60 days |
| Misdemeanor violence disqualifier | Not specified | Conviction within past 4 years |
| Law enforcement exemption | Armed forces / LE exempted from magazine ban | Expanded: peace officers and parole/probation officers exempt from both magazine ban and permit requirement |
| Legal venue for challenges | Not specified | Marion County Circuit Court |
| Proof of safety course | As originally defined | Definition modified |
Anyone who legally possesses a magazine holding more than 10 rounds before January 2027 — or before an affirmative Oregon Supreme Court ruling, whichever comes first — would not face legal consequences under HB 4145.
The NRA-ILA's characterization of the result was blunt:
"HB 4145 B-Engrossed moves the implementation date of the Ballot Measure to January 1, 2028, the gun control is delayed, but intact."
The NRA stated it remains opposed to the underlying Measure 114 and that its constitutional challenges continue in the 9th Circuit.
The Permit-to-Purchase System in Detailedit
Assuming courts eventually allow Measure 114 to take effect, here's how the permitting system would work under the combined framework of Measure 114 and HB 4145:
Who issues permits: Local law enforcement — specifically, the permit agent for the jurisdiction where you apply. Under HB 4145, people would need a permit from a local police chief or county sheriff before buying most firearms, according to KATU News.
What you'd need to apply:
- Photo ID
- Fingerprints
- Completion of an approved firearm safety course (definition updated by HB 4145)
- Criminal background check
- Fee payment (up to $150 under HB 4145)
Grounds for denial: The issuing authority can deny a permit if you are prohibited from possessing firearms, or if you are believed to be a danger to yourself or others. Under HB 4145, a conviction for a misdemeanor involving violence within the past four years is also a disqualifying factor.
Timeline: Under HB 4145, the permit agent has up to 60 days to issue or deny a permit after receiving a completed application.
Appeals: A denial must be delivered in writing by mail, explaining the reasons. You have 30 days from receiving that notice to petition your county circuit court. The court must hear and rule on the petition within 15 judicial days of filing.
Permit validity: Five years. Renewals (up to $110 under HB 4145) do not require fingerprinting or a new training course unless the previous course no longer meets current requirements.
Key Point: A permit can be revoked mid-term if you are arrested or cited for a crime that would have disqualified you from receiving one.
The Oregon Department of State Police is required under the original measure to maintain a permit and firearm database and to publish an annual report — on or before January 31 each year starting in 2024 — detailing applications submitted, permits issued, permits denied, and reasons for denial. Given that the law has not taken effect, those reporting requirements have not been operational.
Magazine Ban: Current Statusedit
Under Measure 114 as modified by HB 4145, the magazine ban would prohibit manufacturing, importing, purchasing, selling, possessing, using, or transferring magazines capable of holding more than 10 rounds — or magazines that are readily modifiable to exceed 10 rounds.
The ban does not take effect before January 1, 2027, or the date of an affirmative Oregon Supreme Court ruling, whichever comes first. If the Supreme Court rules against the measure, the ban may not take effect at all.
People who legally possess magazines over 10 rounds before that date would not face legal ramifications under the bill's grandfathering provision.
Law enforcement officers and parole/probation officers are exempt from the magazine ban under HB 4145.
Violations would be a Class A misdemeanor — up to 364 days in jail, a fine of up to $6,250, or both.
The original measure allowed licensed firearm dealers to purchase from owners, transfer, or sell high-capacity magazines to non-resident dealers for the first 180 days after the effective date. Firearm manufacturers with existing contracts on the effective date were allowed to complete those contracts within 180 days. Manufacturers with contracts with the U.S. Armed Forces or law enforcement were required to permanently stamp or mark any magazines manufactured after the effective date.
What Oregon Law Already Requires (Background)edit
Setting aside Measure 114 — which hasn't taken effect — Oregon already has several firearms regulations on the books that are in force right now.
According to Ballotpedia's background section on Measure 114, Oregon law at the time of the 2022 election already required:
- Background checks for private transfers — sellers at gun shows (defined as events where 25 or more firearms are available) have been required to request background checks since Oregon voters passed Measure 5 in 2000. That measure passed 61.8% to 38.2% and extended background check requirements beyond just licensed dealers selling handguns.
- Extreme Risk Protection Orders (ERPOs) — Oregon courts can issue ERPOs to temporarily suspend a person's access to firearms.
- Concealed Handgun Licenses (CHLs) — Issued by county sheriffs to eligible applicants.
- No reciprocity — Oregon does not honor concealed handgun permits from any other state.
- Minimum possession age — 18 years old under state law. Federal law requires age 21 for some handgun purchases from licensed dealers.
- Round limits for hunting cartridges — Separate from the magazine ban; existing hunting-specific restrictions apply.
Key Point: Some localities have gone further. According to Ballotpedia, Portland and Multnomah County have additional firearms laws — including restrictions on possessing loaded firearms in public spaces — that are not preempted by state statute. Oregon's preemption framework is not absolute at the local level.
The Political Divide and Sheriff Oppositionedit
The fight over Measure 114 has never been strictly along urban/rural lines, but the geography of opposition is hard to miss. According to Ballotpedia, at least 20 county sheriffs across Oregon publicly opposed the measure after its passage in 2022 — including sheriffs from Baker, Clatsop, Crook, Deschutes, Douglas, Harney, Jackson, Jefferson, Josephine, Klamath, Lincoln, Linn, Marion, Morrow, Polk, Sherman, Tillamook, Umatilla, Union, Wallowa, and Yamhill counties.
Wasco County Sheriff Lane Magill raised a practical objection that echoed across rural departments:
"The measure only accounts for a $65 charge for the process, but the major issue the sheriff's office will be impacted by is having to hire at least one additional employee to handle this new process. You might ask, 'Why is hiring another person a big deal?' Under the current budget we now have there is no money to do this and if this passes; the sheriff's office will be considering a reduction in patrol staff to meet the mandate!"
The Oregon State Sheriffs' Association formally opposed the measure. So did the National Rifle Association, the Oregon Firearms Federation, and the Oregon Hunters Association.
Support came from Lift Every Voice Oregon, Everytown for Gun Safety, the League of Women Voters of Oregon, and the Oregon Nurses Association, among others. The measure's chief petitioner was Rev. Mark Knutson, a Portland pastor.
On the campaign finance side, the gap was substantial. Per Ballotpedia's finance data through December 31, 2022, support committees raised approximately $3.17 million total, while opposition committees raised approximately $187,855.
Where Things Stand: The Pending Supreme Court Rulingedit
Everything hinges on what the Oregon Supreme Court does with the state constitutional challenge. Oral arguments happened on November 6, 2025. The court has not yet ruled.
If the court rules the measure constitutional, implementation of the permit-to-purchase system would begin January 1, 2028, under HB 4145's framework. The magazine ban could begin as early as the date of that ruling (if before January 2027) or January 1, 2027, whichever is later.
If the court rules the measure unconstitutional, the state-level case would likely be over — though the NRA's separate challenge in the 9th Circuit would continue on Second Amendment grounds regardless.
The NRA-ILA confirmed as of March 6, 2026, that it maintains an active challenge in the 9th Circuit independent of the state supreme court proceedings.
Attorney General Rayfield, after the Court of Appeals ruling in March 2025, stated:
"Oregonians voted for this, and it's time we move ahead with common-sense safety measures. This measure gives us the tools to make sure gun buyers go through background checks and get proper permits, helping to keep firearms out of the wrong hands and making our communities safer."
The bottom line: If you're an Oregon gun owner, nothing changes on the ground right now. Measure 114 is not in effect. The magazine ban is not in effect. You do not need a purchase permit today. But the legal machinery grinding through Salem and the courts could flip that switch — and when it does, the system coming online under HB 4145 looks materially different from what voters originally approved in 2022.
If you possess magazines that hold more than 10 rounds, watch the Oregon Supreme Court's ruling closely. That decision — whenever it comes — starts the clock on the grandfathering provision.
Resourcesedit
- https://www.opb.org/article/2026/02/25/oregon-conentious-gun-control-law/
- https://www.oregonlive.com/politics/2026/03/oregon-gun-control-measure-114-delayed-after-lawmakers-approve-stripped-down-bill.html
- https://www.statesmanjournal.com/story/news/politics/2026/02/25/controversial-oregon-gun-bill-modifying-measure-114-advances/88827700007/
- https://ballotpedia.org/Oregon_Measure_114,_Changes_to_Firearm_Ownership_and_Purchase_Requirements_Initiative_(2022)
- https://www.nraila.org/articles/20260306/oregon-senate-passes-ballot-measure-114-bill
- https://www.doj.state.or.us/media-home/news-media-releases/appeals-court-lifts-hold-on-measure-114-ruling-that-oregon-gun-law-is-constitutional/
- https://olis.oregonlegislature.gov/liz/2026R1/Downloads/MeasureAnalysisDocument/94781
- https://www.kgw.com/article/news/politics/oregon-house-pass-hb-4145-measure-114-gun-control-bill/283-481adc13-fbcf-477c-824b-7374876eb5ec
Last Updated: April 03, 2026
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This is not legal advice
This guide provides general information about federal and state firearms laws based on publicly available statutes. Laws change frequently and vary significantly by state. Always verify current laws in your jurisdiction. Consult a qualified attorney for legal advice on your specific situation. When in doubt, contact local law enforcement or state police.
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