What penalties exactly does Oregon statute impose for violating the large-capacity magazine ban under Measure 114 and subsequent implementing statutes?
Executive summary
Measure 114 and its implementing statutes broadly prohibit the manufacture, importation, possession, use, purchase, sale, and transfer of “large‑capacity” magazines — those capable of accepting more than 10 rounds — and make violation a criminal offense generally classified as a Class A misdemeanor under Oregon law [1] [2]. The measure also creates narrow exemptions, an affirmative defense for certain pre‑existing ownership, a 180‑day grace window for some businesses in proposed legislative fixes, and has been enmeshed in court injunctions and appeals that affect whether penalties are being enforced [3] [4] [5].
1. What conduct the statute outlaws and how “large‑capacity” is defined
Measure 114 amends state law to forbid the manufacture, importation, possession, use, purchase, sale, or other transfer of a “large‑capacity” magazine — defined to include detachable magazines, drums, feed strips and similar devices that are capable of holding, or readily converted to hold, more than 10 rounds — while carving out specific exclusions such as permanently altered magazines, certain tubular .22 rimfire devices and lever‑action tubular feeders [1]. Advocacy and reporting repeatedly summarize the core ban as applying to magazines “capable of holding more than 10 rounds” and treating the magazine itself as the prohibited item rather than the firearm [6] [7].
2. The primary criminal penalty: Class A misdemeanor
Under Measure 114 as described in the reporting, unlawfully manufacturing, importing, possessing, using, purchasing, selling or otherwise transferring a large‑capacity magazine would be a Class A misdemeanor — an offense state coverage repeatedly identifies as the primary criminal classification tied to the magazine ban [2] [5]. Local and regional outlets note that a Class A misdemeanor in Oregon carries the potential of up to nearly a year in jail and a fine in the range reported at roughly $6,200 (reporting cites “up to nearly a year in jail, a fine of more than $6,200 or both”) [8]. Multiple sources characterize the measure’s penalty scheme in these terms [9] [8].
3. Repeat offenses and the possibility of felony exposure in some accounts
Some reporting indicates that penalties can escalate with repeat offenses: one local analysis states penalties under Measure 114 “vary from a Class A misdemeanor to Class B and C felonies for repeat offenses,” suggesting the statutory framework or implementing rules could expose repeat violators to felony charges depending on circumstances [9]. That assertion appears in localized coverage rather than the statewide summaries; core state summaries and legal guides emphasize the Class A misdemeanor as the central criminal sanction [1] [2]. The discrepancy signals either interpretive variation in press summaries or legislative/implementing language that contemplates enhanced penalties — a point that remains contingent on reading the statute text and any implementing regulations [9] [10].
4. Exemptions, affirmative defenses, grandfathering and dealer grace periods
Measure 114 includes narrow exemptions and an affirmative defense: magazines lawfully owned before the effective date may be retained in certain controlled uses (private property, shooting ranges, hunting, competition) and possession may be defended if the owner can prove exclusive control from before the ban’s effective date; manufacturers and retailers were proposed to receive a 180‑day grace period in legislative fixes (HB 3075), and other proposals would clarify disposal windows and compliance periods [3] [4] [11]. Legal analyses and advocacy groups note that the statute’s text creates a tightly circumscribed affirmative defense rather than a blanket amnesty [3] [1].
5. Enforcement reality: injunctions, appeals and evolving implementation
Practical exposure to penalties has been affected by court action: a Harney County judge issued a preliminary injunction blocking enforcement of the magazine ban (and the permit requirement) pending trial, and the rule’s enforcement status has been the subject of appeals and ongoing litigation up to the state appellate and potentially the Oregon Supreme Court [5] [12] [10]. Courts have variously upheld and enjoined parts of Measure 114, and the legislature has considered bills to codify, amend or add compliance periods and fee changes that would affect how and when penalties apply [12] [13].
6. Bottom line
Statutorily, Measure 114 designates unlawful dealings in large‑capacity magazines primarily as a Class A misdemeanor — with jail and fine exposure described in local reporting as up to nearly a year and more than $6,200 — while leaving room in some accounts for enhanced penalties on repeat violators and for limited exemptions, affirmative defenses, and legislative grace periods; however, enforcement and the precise contours of penalties remain subject to ongoing litigation and statutory implementation [2] [8] [9] [5] [4]. The official statute text, implementing rules, and final judicial rulings should be consulted for any compliance decision because reporting reflects both the law’s language and the practical pause and adjustment caused by court orders and legislative proposals [10] [5].