Union County Sheriff Cody Bowen says he will not enforce Ballot Measure 114

Nov. 13—LA GRANDE — Ballot Measure 114 is not yet a law in Oregon — but Union County Sheriff Cody Bowen has already announced he will not be enforcing the measure.

Following in the footsteps of Linn County Sheriff Michelle Duncan, Bowen took to Facebook to inform Union County residents that his office would not be enforcing the ballot measure if it passed.

"It's a complete violation of the Constitution," Bowen said. "It's impossible to enforce and goes against the Second Amendment."

If the measure passes, it would require people to complete firearms training before they can obtain permits to purchase guns and limit ammunition magazines to 10 rounds each.

The measure qualified for the ballot through a petition drive by a coalition of religious and other organizations. As of Friday, Nov. 11, Measure 114 was leaning slightly toward passing with 51% of Oregon voters in favor, according to unofficial election results. The majority of Union County voters overwhelmingly opposed the measure — with 77.2% voting in opposition.

Bowen said he will do everything in his power to facilitate training courses so Union County residents can obtain the necessary permits to purchase guns. He will not enforce the magazine capacity ban.

"This measure will only harm law-abiding gun owners and result in wasted time with additional redundant background checks," Bowen wrote on Facebook. "With no funding from the state to provide additional payroll costs, this will ultimately sacrifice patrol and deputy presence in our community."

Bowen does not believe the ballot measure benefits anyone nor does he believe it will save lives. The measure does nothing to provide mental health resources or get guns out of the hands of criminals, he said.

Law enforcement has a large amount of discretion when it comes to what they enforce and what they prioritize, according to Brett Burkhardt, an associate professor of sociology at Oregon State University.

"If they choose not to enforce the ban on high-capacity magazines, I think they're on reasonably solid ground there," said Burkhardt, whose research focuses on policing, firearms, surveillance and imprisonment.

Earlier this year the Supreme Court ruled that a New York law requiring a license to carry concealed weapons in public was unconstitutional. Burkhardt and Bowen both anticipate there will be legal challenges to the ballot Measure 114 on Second Amendment grounds.

"I don't know what the outcome of those legal challenges will be, though," Burkhardt said. "The fact is there are other states that have similar laws. There are other states that ban high-capacity magazines. There are other states that have enacted permit-purchase requirements for firearms. And those laws still stand. That's not to say they won't ever be deemed unconstitutional, they certainly could be challenged, but as of right now, they are in effect and have not been struck down in the courts."

Isabella Crowley is a reporter for The Observer. Contact her at 541-624-6014 or icrowley@lagrandeobserver.com.