Silver Rail shooting shines spotlight on Oregon gun laws, including still-pending Measure 114 ruling

BEND, Ore. -- The tragic shooting at Bend's Silver Rail Elementary brings a renewed focus Oregon's gun laws and a still-unresolved court fight over a debate over a gun-control measure voters narrowly passed four years ago.

Oregon already requires background checks for most gun transfers, secure storage when firearms aren't being carried or controlled, and a license to carry a concealed handgun.

The state also has a "red flag" law, which lets a judge temporarily bar someone from possessing or obtaining firearms when evidence shows they pose a risk of suicide or harming others. There are also restrictions on untraceable "ghost guns" and a ban on rapid-fire devices.

In November 2022, Oregon voters passed Measure 114, which would require a permit to buy a firearm, with required firearm-safety training and background checks. It would require a completed background check before a firearm transfer.

The measure would restrict magazines that can hold more than 10 rounds, with exceptions and provisions addressing previously owned magazines.

Opponents of the measure have won a court ruling that has delayed implementation from a Harney County judge in 2023. Last year, the Oregon Court of Appeals reversed that decision, finding the measure did not violate the state Constitution's right-to-bear-arms provision.

The Oregon Supreme Court heard arguments last November on the challengers' appeal, but has yet to issue a ruling on a pending challenge that the measure was unconstitutional.

A bill state lawmakers passed earlier this year delays the measure's firearm-transfer and large-capacity magazine restrictions to Jan. 1, 2028. It also preserves the state high court's authority to rule on the pending challenge.

In a statement expressing sympathies to the Silver Rail victims and community, Wyden said of America's latest school shooting: "The best way to honor these victims is to at long last pass common-sense gun laws that reduce the risks of more children, parents, teachers and staff forced to live in fear of similar nightmares for their schools.”

Last year, Wyden cosponsored two bills that he said would reduce the scourge of gun violence while protecting the Constitution's right to bear arms.

The Gas-Operated Semi-Automatic Firearms Exclusion (GOSAFE) Act would regulate gas-operated semi-automatic firearms while underscoring the vital importance of Americans’ access to shotguns, rifles, and handguns.

The bipartisan Banning Unlawful Machinegun Parts (BUMP) Act seeks to prohibit the sale of bump stocks and other devices or modifications that allow semi-automatic firearms to increase their rate of fire and effectively operate as fully automatic weapons. 

Neither got beyond committee referral in the Senate, and remain stalled.