IP 28 News – Click HERE
Measure 114 ruled constitutional, appeal pending
The Oregon Court of Appeals on March 12 ruled Measure 114 does not violate the Oregon State Constitution, a decision which runs counter to the Harney County opinion issued in November 2023. The litigants who brought the initial case against Measure 114 have already indicated their intent to file an appeal with the Oregon Supreme Court within the 35-day appeal time frame.
Measure 114’s components, to include the magazine ban, will not immediately go into effect. The Court of Appeals judgment will be held during the 35-day appeal window and then, if the Oregon Supreme Court accepts the appeal and takes the case, it will likely continue to be held at bay during that process. Should the Court deny the appeal, there is an additional 28-day time frame for the litigants to ask the Court to reconsider.
Considering these time frames, we believe the earliest potential filing date for the Court of Appeals judgment would be mid-May.
This is one of two cases against Measure 114. This case, Arnold vs. Kotek, is the state-level challenge claiming the measure violates the Oregon Constitution. The second case, Eyre vs. Rosenblum, is the federal challenge claiming violation of the U.S. Constitution. The federal case has been paused in the Ninth Circuit while waiting for the decision on California’s magazine ban (Duncan vs. Bonta), which was issued on March 20. That decision, unfortunately, ruled that California’s ban against magazines larger than 10 rounds does not violate the constitution. While the ruling will be appealed, perhaps to the U.S. Supreme Court, this ruling may have negative effects on the Oregon challenge.
The litigation team leading the Oregon lawsuit is a local law firm from Canby. With the continued work to appeal to the Oregon Supreme Court, the funding for the lawsuit is running very low. To donate to their efforts to continue fighting the Measure 114 case, go to
https://www.givesendgo.com/StateCourt_StopMeasure114
Barrage of firearms bills aimed at Oregon gun owners
Approaching the midpoint of the 2025 legislative session, firearms bills are taking center stage in OHA’s legislative work. Currently, there are 30 bills that address firearms purchase, possession and ownership.
The most dangerous bills:
• HB 3075 – Implements Measure 114, along with several additional components, such as increased fees, increased waiting periods, and a requirement of any potential lawsuits to be filed in Marion County Courts only. This bill had a public hearing on March 17 with a large amount of testimony in opposition.
• HB 3076 – Creates a new sector of the Department of Justice to create and implement a state-level regulation for firearms dealers that would layer new requirements beyond the federal regulations from the ATF. A public hearing for this bill was held on March 20 with a large amount of testimony in opposition.
• SB 243 – This Firearms Omnibus bill combines four distinct bill into one large, bad bill. The four concepts included in the bill are:A mandatory 72-hour waiting period before a firearm transfer could be completed, regardless of amount of time for the background check to be completed. A ban on “rapid fire devices”. Restriction on concealed carry in public spaces; aimed at pubic buildings but has potential for wider impacts with language that includes ‘adjacent property’. And, even more concerning, a restriction on ownership and possession of firearms for citizens under the age of 21. Current bill language attempts to exempt certain firearms for the purposes of hunting, but continues to restrict semi-automatic firearms in all cases.
Many of these bills will have public hearings in early April; watch for OHA Call to Action alerts for ways to engage and provide testimony.
Court upholds corner crossings; ruling could influence Oregon
The Tenth Circuit Court of Appeals ruled on March 18 in favor of four hunters charged with civil trespass for using the practice of “corner crossing” to access landlocked public land. Corner crossing is the act of stepping from public land to public land where corners intersect with private land without setting foot on the private land.
The case stems from a 2021 incident in which four hunters used an a-frame ladder to gain access to public land. The landowner claimed this constituted trespass, as the hunters temporarily occupied the air space of the private land corners as they crossed, even though they never touched the private land. The hunters were issued criminal trespass citations but later found not guilty by a lower court. The landowner charged them with civil trespass and the case made its way to the Tenth Circuit in 2022.
The ruling provides clarity for the six states within the court’s purview: Oklahoma, Kansas, New Mexico, Colorado, Wyoming and Utah.
Because Oregon is in the Ninth Circuit, this ruling does not automatically provide Oregon with a clear legal pathway for corner crossings.
The Tenth Circuit ruling provides “persuasive authority” for any potential legal case, but ultimately the courts or the legislature will need to provide a definitive legal ruling for Oregon.
OHA backs bill to limit ballot-box wildlife management
As the legislative session progresses, OHA continues to work in the Capitol on behalf of the sportsmen and women of Oregon.
OHA has authored two concepts for the 2025 session. Working with Senator Nash and Representative Owens, we have brought forward SJR 30 and HJR 11, concurrent bills that would require a higher number of signatures for initiative petitions to reach the ballot while also requiring those signatures to be gathered in all six congressional districts. The bills have strong bipartisan support in both the House and Senate.
Working again with Representative Owens, OHA has authored HB 3596, a bill to extend a current ODFW study on mule deer population metrics to include the Steens Mountain area. The data gathered in this study may help shape population management decisions in the future.
Notable bills that OHA has engaged on thus far:
HB 2342 – ODFW fee bill. OHA State Board supports the proposed fee increase which keeps the agency at current service level. OHA provided supporting testimony in the public hearing on Feb. 24
HB 2977 – Alternative funding for ODFW from the transient lodging tax. OHA has been involved in the development of this concept over the last few years and provided supporting testimony in the public hearing on Feb. 24.
SB 769 – This bill would allow counties to vote to exempt themselves from the statewide ban against hunting cougars with hounds. This bill had a public hearing on Feb. 11 with OHA staff providing the presenting testimony.
HB 2170 & HB 2982 – These bills address funding for the invasive species inspection and the efforts to keep potentially devastating invasive species, such as quagga muscles, from entering the state. Both bills had a public hearing on Feb. 10.
SB 812 – Removes the sunset on the Landowner Preference Program. OHA provided supporting testimony at the public hearing on Jan. 30.
HB 2167 – Funding for OSU’s College of Veterinary Medicine and the Oregon Veterinary Diagnostic Laboratory (OVDL). OHA is strongly supporting this bill as it continues vital funding OHA secured for the OVDL in the last legislative session to begin in-state testing for chronic wasting disease samples.
OHA will continue to engage on these bills, and many others, as the legislative session progresses.
OHA Takes Aim at Gun Bills
As the 2025 legislative session begins, it is shaping up to be heavily focused on the firearms. At the time of this writing, OHA is tracking 20 bills related to firearms ownership, with more expected over the coming weeks.
A few of the bigger bills, so far:
HB 3075 – Measure 114 return. This bill was killed by the Senate Republican walkout in 2023. The bill brings all the components of Measure 114: the permit-to-purchase scheme, the registration of permits, the mandatory training course to qualify for a permit, a waiting period, and other added restrictions, including a stipulation that any legal challenge can only be filed in Marion County.
HB 3076 – Gun Dealer Licenses study bill. Currently worded as a study bill, but thanks to a press release by the anti-firearms groups, we know that this bill is intended to be a vehicle for greater restrictions on firearms dealers.
SB 429 – 72 Hour Wait Time. This bill requires a background check to be completed, approval number returned to the gun dealer, and a 72-hour wait time before a firearm can be transferred.
SB 697 – Age Restriction for Firearms Ownership. Restricts firearms ownership below the age of 21.
SB 698 – Restricts Concealed Carry. Enables public buildings to limit the affirmative defense of concealed carry.
While many of these bills would be litigated should they pass, the fight to protect firearm ownership rights and mitigate the impacts to our hunting and sport shooting activities will be ongoing for the next six month of legislative session.
Measure 114 continues to be on hold during the litigation process. The next ruling is due back at any time from the Oregon Court of Appeals as to whether it will continue to uphold the Harney Country ruling that the measure’s components are unconstitutional.
To donate to OHA’s Victory Fund, visit: https://oregonhunters.org/donate
IP28 nets 34,000 signatures, $10k from PETA
Initiative Petition 28 (IP28) is the latest iteration of the egregious initiative seeking to criminalize killing an animal in Oregon for any reason other than self defense.
This petition, previously known as IP13 and IP3, would make it illegal to hunt, fish, trap mice or gophers, teach using animals, raise and slaughter animals for food, and breed animals.
Since the initiative first came to Oregon in 2021 with the intent of making the 2022 ballot, it has not received attention or support from any major national animal-rights organizations.
That changed when they received a $10,000 contribution from People for the Ethical Treatment of Animals (PETA). This development signals a major shift in support for such an outlandish idea and should concern everyone monitoring the initiative.
As of this writing, the initiative has gathered more than 34,000 signatures since it was approved to begin collection for the 2026 ballot in July. This is the largest number of signatures raised in the history of the initiative and is predominantly due to their ability to use paid signature gatherers. The PETA donation ensures that they will be able to continue paying signature gatherers on their way to the 117,000 signature threshold to gain the ballot.
OHA works with two opposition coalitions, one sportsmen’s-focused and one focused on farming and ranching organizations. Our work to educate Oregonians to the detrimental effects of IP28 will continue in earnest.
OHA succeeds in securing critical funding to fight spread of CWD
OHA came out of the 2024 legislative session with one of the most meaningful wins for Oregon’s wildlife: additional funding to increase monitoring and testing for Chronic Wasting Disease (CWD). The funding allocated $1.9 million to the Oregon Veterinary Diagnostic Laboratory located at Oregon State University for increased lab capacity and the establishment of in-state testing for CWD samples. In addition, ODFW received $795,000 for increased personnel capacity in the Wildlife Laboratory and the hiring of several seasonal positions to increase sample collection.
CWD, which is contagious and 100-percent fatal to deer and elk, has been found in Idaho deer very close to the Oregon border.
Securing this funding was a two-year process. In 2023, we authored HB 2532, which originated the CWD funding request. That bill passed unanimously out of its policy committee but died in Ways & Means when it did not rise to the top of the list for necessary funding. With a legislature focused on housing, homelessness, and addiction, getting their attention on wildlife is an uphill battle.
This multi-year process is a great example of the constant work needed to maintain OHA’s legislative presence. Much of the foundational work is done during the interim time between legislative sessions: working with legislators and their staff to develop legislation, participating in collaboratives to develop concepts, and building relationships in and out of the Capitol.
OHA’s 2023 victory with HB 3086, which changed the regional selection for the ODFW Commission, was due in part to the relationships formed with our Tribal partners. The full force of the environmental coalition was brought against that bill and, frankly, the sportsmen’s community would not have prevailed if it had not been for Tribal leadership weighing in on the importance of ODFW’s Commission being represented by more regions of the state outside the Portland metro area.
When HB 2532 died at the end of the 2023 session, it was OHA’s relationships with legislators that afforded us the opportunity to bring it back to life in 2024 in HB 4148. And when HB 4148 also died, it was OHA’s tenacity and willingness to work across the aisle that secured the funding for CWD in the final budget bill of the session.
OHA is already looking ahead to the 2025 session and working with decision makers to bring our future legislative concepts to life. In the legislature, the off-session is where we put in the work to build the relationships, collaboratives, and legislative concepts that further our mission statement to protect Oregon’s wildlife, habitat, and hunting heritage. We don’t stop working for our members, and for all of Oregon’s sportsmen and women, at the end of legislative session, rather that’s when we’re just getting started.
Sign up for OHA updates and alerts at:
Loading ...