New Oregon gun law ‘not good for public safety’: Sheriff Michelle Duncan
Linn County Sheriff Michelle Duncan explains why she will not enforce Oregon’s controversial gun law after a lower court puts the measure on hold.
One Oregon county sheriff says she will not enforce the Beaver State's embattled new gun law if it is allowed to take effect after a judge blocked the measure last week.
"I can't put handcuffs on someone knowing that there is this black cloud around the constitutionality of that magazine capacity limit," Linn County Sheriff Michelle Duncan told "America Reports" Wednesday. "The permitting, we'll have to do what we can for our citizens to make sure that they can still exercise their Second Amendment right."
Measure 114, also known as the Reduction of Gun Violence Act, was narrowly passed by 50.7% of Oregonians in the November midterms. The measure included a variety of changes, requiring gun buyers to obtain a permit, take a safety course, pay a $65 fee, submit a photo ID, be fingerprinted and pass a criminal background check. In addition, the measure bans magazines that hold more than 10 rounds.
The measure is now on hold after the Oregon State Supreme Court decided it would not grant an emergency motion to overturn a lower court's ruling to block the law from taking effect.
OREGON POLICE WORRY GUN PERMIT REQUIREMENT, MAGAZINE LIMITS MAY INCLUDE OFFICERS
Customers wait in line at Northwest Armory Dec. 6, 2022, in Milwaukie, Oregon. (Hannah Ray Lambert/Fox News Digital)
Critics have slammed the strict changes, arguing they take a dramatic step in limiting Second Amendment rights and will hinder law enforcement.
"Quite frankly, I take issue with all of it," Duncan said. "It is it's not good for public safety if I have to pull cops off the streets so that we can issue thousands of permits across just my county alone."
Gun sales at Oregon's Northwest Armory outside of Portland hit a 30-year-high in recent weeks in anticipation of the new law.
"Oregonian's rights are being trampled," shop owner Karl Durkheimer told Fox News last week.
With the police department already spread thin, Durkheimer told "America Reports" there are approximately 36,000 people that have delayed background checks "because the state just doesn’t have the resources to do their job properly like they have been doing for 23 years."
Duncan affirmed her office is concerned they will not be prepared for the new responsibilities required by the gun law.
"That $65 fee is nowhere going to cover all the things that we have to do and the manpower it's going to take for our office to do it. The training hasn't even been created," she said.
The Oregon gun law does include a carve out for military members and law enforcement agencies when it comes to the magazine ban, but "solely for authorized use by that entity related to the official duties of the entity." That has some agencies confused about whether officers will be allowed to take their service weapons home with them.
CLICK HERE TO GET THE FOX NEWS APP
"The way the law reads, at least the way that I've looked at it, is our own police officers aren't allowed to carry their duty weapons off duty," Duncan said.
"It's by far, I think, as we've seen across the nation, the most infringing on our Second Amendment rights."
A Harney County judge on Tuesday extended the restraining order on Measure 114 an additional 10 days. The next hearing will be held on Dec. 23.
Fox News' Hannah Ray Lambert and Yael Halon contributed to this report.