Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

In NRA Supported Lawsuit, Oregon’s Top Court Rejects Flawed “Gun Safety” Ballot Title, Description

Monday, March 16, 2020

In NRA Supported Lawsuit, Oregon’s Top Court Rejects Flawed “Gun Safety” Ballot Title, Description

The NRA has a great record of ensuring that the language used for ballot measures in Oregon is fair, accurate and clear. In 2018, an NRA-backed challenge successfully opposed the language of proposed ballot titles for Initiative Petition 43 (a failed “assault weapons” and magazines ban) and Initiative Petition 44 (likewise withdrawn).   

In the most recent instance, Oregons highest court again agreed with the NRA in a case arising out of a challenge to the ballot title for a “gun safety” initiative.

Initiative Petition 40 was filed last year, intended for inclusion on the November 2020 ballot. If passed, this measure would significantly restrict the ability to keep a firearm available for defensive use. It would result in state legislation mandating that firearms that are not being carried or under direct control be kept locked or placed in locked storage, as set out in the initiative. The owner or possessor of a gun would face criminal liability for failing to secure a gun.

In addition to compromising the personal safety of lawful gun owners, the initiative contains an unusual and punitive civil liability component. An owner or possessor who violates the gun-securing requirement, regardless of inadvertence, negligence, recklessness or harmful intent, would be strictly liable for any death, damage or injury that results from another person obtaining the gun, in the four years following the violation. Similar criminal and civil liability would apply when a gun is sold, given as a gift, loaned, or otherwise “transferred” to another person without first being locked or secured, unless one of the exceptions applies. Other parts of the initiative restrict the access to and use of guns by minors, and impose a reporting requirement for lost and stolen guns (with criminal and strict liability penalties for violations in both cases), and grant the state health authority the power to set standards for acceptable trigger locks, cable locks, and gun safes.   

Under Oregon law, once a petition to initiate new legislation is filed and found to comply with the initial legal requirements, the state attorney general must prepare a four-part ballot title. This consists of a caption, a “simple and understandable statement” of up to 25 words to describe the result if the initiative is approved by the voters, an analogous statement of the result if the measure is rejected, and last, a “concise and impartial” summary describing, generally, the objective of the initiative.

Before this document is finalized, though, the general public has a limited period in which to provide written comments. Otherwise, citizens who continue to have concerns regarding the ballot titles accuracy, scope or impartiality may apply to have a court review the proposed ballot title to ensure it is compliant and not misleading.          

The NRA filed extensive written comments on the draft ballot title for Initiative Petition 40 (see page 85 of the comments link, here). Following the public comment period, the attorney general certified a new and modified ballot title. Unfortunately, this certified ballot title gave rise to fresh concerns, which could only be addressed by court review. Accordingly, the NRA (through NRA Oregon State Director Keely Hopkins) and others initiated legal proceedings, asking the court to evaluate the wording.     

On March 5, the Supreme Court of Oregon issued its decision, ruling that the ballot title failed to comply with the statutory requirements.

First, the caption was inaccurate and under inclusive. Although the initiative itself clearly applied to owners, possessors and transferors of guns, the caption referred exclusively to “owners.” “As written, the caption does not accurately reflect the scope of IP 40. It could cause potential petition signers and voters to incorrectly conclude that, if they do not own a firearm, IP 40 will not affect them.” The caption also failed to refer to the unusual “strict liability” provisions. “To adequately alert potential petition signers and voters to that substantial change in the law, the caption must identify the heightened liability that IP 40 would impose.”

Other problems were found with the “yes result” statement (describing the results of a “yes” vote). This, like the caption, improperly referred only to “owners.” It also incorrectly implied that, under the initiative, firearms had to be secured only when “stored or transferred.” Voters and petition signers, though, were unlikely to interpret “stored” to include all of the “other common circumstances” in which firearms would have to be secured under the initiative.  

With this decision, the certified ballot title goes back to the states attorney general. “Now its up to the attorney general to correct those issues to ensure Oregons voters truly understand the unreasonable restrictions they are faced with accepting,” noted Ms. Hopkins.

Significantly, these kinds of initiative measures are often proposed after duly elected legislators decide that the proposals are unworkable or unnecessary or otherwise lack merit. Earlier this year, Oregons legislators again rejected attempts to enact a firearm storage bill, HB 4005A, that essentially replicated the provisions of Initiative Petition 40.   

The NRAs efforts now focus on three new, overlapping “gun safety” initiative petitions underway in Oregon: Initiative Petition 60 (ban on “large capacity” magazines, and increased restrictions, including age limits, wait periods, and transfer requirements on semiautomatic firearms defined to be “semiautomatic assault firearms”), Initiative Petition 61 (restrictions on the sale, purchase, and transfer of semiautomatic guns defined to be “semiautomatic assault firearms”), and Initiative Petition 62 (ban on “large capacity” magazines). 

A legal challenge to the ballot language of Initiative Petition 60 was filed in February, claiming that the wording is “deceptive and fails to adequately convey to voters the sweeping changes” that are proposed by the initiative. Court challenges to the ballot titles for Initiative Petitions 61 and 62 have since been filed, as well.

Your NRA will keep you updated on future developments.

IN THIS ARTICLE
Oregon Storage of Firearms
TRENDING NOW
Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Thursday, September 11, 2025

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Yesterday, the Third Circuit Court of Appeals issued an opinion in Siegel v. Platkin, striking some of the carry restrictions New Jersey enacted in response to the NRA’s landmark Supreme Court victory, New York State Rifle & ...

Due Process: The Backbone of Legal Legitimacy

News  

Monday, September 8, 2025

Due Process: The Backbone of Legal Legitimacy

Close observers of the gun debate often see references to due process.

Gun Control “Journalist” Says the Quiet Part Out Loud

News  

Monday, September 8, 2025

Gun Control “Journalist” Says the Quiet Part Out Loud

Pure gun control. As in disarmament and banning of firearms. It’s rare that anti-gunners get straight to the exact point that we have been warning of for decades. 

The Desperate Deflection to the “Red State Murder Problem”

News  

Monday, September 8, 2025

The Desperate Deflection to the “Red State Murder Problem”

California Governor Gavin Newsom (D) may have thought he had scored against President Donald Trump in a recent war of words over rampant crime and the deployment of federal law enforcement agents to Democratic-led cities

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Monday, September 8, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Today, the National Rifle Association filed an amicus brief urging the U.S. Supreme Court to grant certiorari in a case challenging Washington State’s ban on firearm magazines that hold more than 10 rounds.

Illinois: Governor Signs Mandatory Firearm Storage Law

Wednesday, September 3, 2025

Illinois: Governor Signs Mandatory Firearm Storage Law

Earlier this month, Governor JB Pritzker signed Senate Bill 8 into law. This legislation imposes new mandatory firearm storage requirements on law-abiding gun owners.  

Update: North Carolina House Reschedules Veto Override Vote

Tuesday, August 26, 2025

Update: North Carolina House Reschedules Veto Override Vote

Today, the House rescheduled the veto override vote on Senate Bill 50, Freedom to Carry NC, to Monday, September 22. 

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

News  

Monday, March 17, 2025

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

In a turnabout worthy of Invasion of the Body Snatchers, The Washington Post (WAPO) published an editorial last Tuesday criticizing the gun control movement for ignoring the Protection of Lawful Commerce in Arms Act (PLCAA) and pursuing its agenda in ...

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Friday, August 15, 2025

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Today, a Petition for Certiorari was filed asking the U.S. Supreme Court to hear Duncan v. Bonta, a case—backed by the National Rifle Association and California Rifle & Pistol Association—challenging California’s prohibition on magazines capable of holding ...

Minnesota: Senate Gun Violence Prevention Working Group Meeting on Monday

Friday, September 12, 2025

Minnesota: Senate Gun Violence Prevention Working Group Meeting on Monday

On Monday, September 15th, the Minnesota Senate will hold a special working group on "gun violence prevention."

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.