Oregon ghost gun ban under fire from gun rights advocates in new lawsuit

Published 9:45 am Tuesday, August 6, 2024

In a recent three-week period, FBI agents seized these guns from Portland streets: Ten handguns. Two assault-type rifles, one with an extended magazine. Two 50-round drum magazines. Two ghost guns.

The Oregon Firearms Federation and Firearms Policy Coalition are suing Oregon’s attorney general and police superintendent, alleging that the state’s recently adopted ban on the possession and sale of ghost guns is unconstitutional.

Last year, the Legislature passed an amended House Bill 2005 that banned the guns.

Ghost guns are untraceable, with their parts typically bought online and assembled at home. They also lack commercial serial numbers.

Attorney General Ellen Rosenblum celebrated the bill’s passage last June, saying it affirmed the state’s commitment to responsible gun ownership. She said guns assembled from online kits or made from 3D printers are “weapons of choice for gun traffickers” or people who can’t otherwise legally obtain a gun.

The complaint — filed in federal court in Portland Monday by the two gun rights advocacy groups along with three members of the groups — contends the ban prohibits them from exercising their Second Amendment rights to bear arms and will increase their “danger of sustaining a direct injury” as a result of its enforcement.

“Throughout American history, people have been free to personally manufacture, construct, and/or assemble arms for lawful purposes, including self-defense in the home,” the complaint says.

The law, signed by Gov. Tina Kotek a year ago, prohibits the sale, manufacture and possession of any undetectable gun, meaning one that can’t be picked up by a metal detector or other security measure, and any unserialized gun, unfinished frame and receiver.

Under the law, possessing any undetectable gun is a misdemeanor while the sale and manufacture of one is a felony.

Possessing and offering for sale or transfer a gun without a serial number or any unfinished frames and receivers used to make guns is a violation punishable by a fine that starts at $525 and rises after a first-time offense.

The law provides exceptions for antique firearms, guns manufactured before the federal Gun Control Act of 1986, and inoperable guns. It also allows possession of the guns or transfer of the guns by federally licensed firearms dealers, manufacturers and importers.

Rosenblum on Monday said her office will vigorously defend the law’s constitutionality.

“We absolutely believe the legislature had the power to enact these common-sense laws that support law enforcement investigative efforts and protect law-abiding Oregonians,” Rosenblum said in a statement Monday.

The firearms coalition is a California-based nonprofit working to challenge legislation nationwide that restricts gun ownership.

The individual plaintiffs are Dallin Montgomery, a Clackamas County resident who now possesses an unserialized semiautomatic pistol built from a polymer frame; Nick Holdway, a Lane County resident who has multiple “unfinished” gun frames or receivers; and Kevin Walters, a Lane County resident who used a 3D printer to make frames for three Glock-style pistols, according to the complaint.

In 2022, a federal judge in Delaware granted the Firearms Policy Coalition’s request for a temporary injunction on the enforcement of some components of that state’s law, including the ban on the possession or manufacture of homemade firearms. She did not, however, pause or block the enforcement of a ban on the distribution of untraceable guns or gun-building codes for 3D printers.

In a statement then, Delaware Attorney General Kathy Jennings said her office planned to continue fighting the lawsuit arguing that the state’s ban on the manufacture and possession of untraceable guns is a part of the state’s broader strategy for curbing gun violence. “The idea that the Founders intended ‘well-regulated militia’ to mean ‘unregulated, untraceable, semi-automatic guns” is a delusion,” Jennings said.

Pending before the Oregon Court of Appeals is the state’s challenge of a Harney County judge’s ruling that found the voter-approved Measure 114 unconstitutional under state law.

Measure 114, approved with 50.7% of the vote in November 2022, hasn’t gone into effect. It limits gun magazine capacity to 10 or fewer rounds; requires a permit to buy a gun; and closes the so-called “Charleston Loophole” by requiring the completion, not just initiation, of a criminal background check to buy or transfer a gun.

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