Oregon's ghost gun ban takes effect in September after legal challenge
PORTLAND, Ore. (KOIN) – Ahead of Oregon's ghost gun ban taking effect Sept. 1, the Oregon Department of Justice is reminding Oregonians to comply with new serialization laws.
The reminder comes a week after a federal judge denied a motion for a temporary restraining order that challenged the ban, as first reported by The Oregonian.
The plaintiffs, including Oregon Firearms Federation Inc. and Firearms Policy Coalition Inc., filed the motion earlier in August against Oregon Attorney General Ellen Rosenblum and Oregon State Police Superintendent Casey Codding.
After the plaintiffs argued that the law (under House Bill 2005) violated their Second and 14th Amendment rights, United States District Judge Adrienne Nelson denied the motion Aug. 20, saying the Second Amendment right "is not unequivocal."
“The Second Amendment does not encompass the right ‘to keep and carry any weapon whatsoever and for whatever purpose,’” Judge Nelson wrote in her opinion.
The judge offered a similar opinion on the law’s ban on undetectable guns, or guns made with materials that do not trigger metal detectors, noting the “plaintiffs have offered no evidence as to why, aside from illicit purposes, law-abiding citizens would prefer an undetectable firearm.”
Judge Nelson furthered that Oregon laws offer ways for gun owners to comply with serial number requirements and that lawmakers provided ample time for gun owners to comply by implementing the law in September, one year after the law passed the Oregon legislature.
“In sum, plaintiffs have offered no evidence to support the implication that unserialized firearms, undetectable firearms, or unserialized, unfinished frames and receivers are in common use by law[1]abiding citizens for lawful purposes. Indeed, the evidence presented indicates the opposite: that these types of firearms are most commonly used for illegal purposes,” Judge Nelson concluded.
Ahead of Sept. 1, the Oregon Department of Justice is encouraging Oregonians to ensure they’re complying with state gun laws.
“Responsible gun ownership means respecting the gun laws of our state, and that now includes a ban on unserialized and undetectable ‘ghost guns.’ Oregonians who own guns lacking serial numbers will be in violation of the law after September 1. For the safety of your families and communities please make sure you understand our new law and that you are in compliance,” Attorney General Ellen Rosenblum said.
Starting Sept. 1, guns manufactured after Oct. 22, 1968, along with unfinished frames or receivers must have serial numbers.
First-time violators of the law may face a fine of up to $1,000. Repeat offenders may face higher fines and potential jail or prison time.
To comply, guns, frames, and receivers can be taken to a federally licensed gun dealer to be serialized.
The Oregon Department of Justice released a fact sheet for gun owners with a list of federally licensed gun dealers in Oregon that are authorized to serialize guns.