OFFICE OF THE SECRETARY OF STATE

BEV CLARNO SECRETARY OF STATE

A. RICHARD VIAL DEPUTY SECRETARY OF STATE

ELECTIONS DIVISION

STEPHEN N. TROUT

DIRECTOR

255 CAPITOL STREET NE, SUITE 501 SALEM, OREGON 97310-0722

(503) 986-1518

I N I T I A T I V E P E T I T I O N

The Elections Division received a certified ballot title from the Attorney General on November 8, 2019, for Initiative Petition 2020-040, proposed for the November 3, 2020, General Election.

Caption Owner must lock firearm/use locked storage (exceptions), report loss, supervise minors' use. Penalties/liabilities

Chief Petitioners Henry W. Wessinger 1000 SW Vista Avenue #1105 Portland, OR 97205 Paul Kemp 8710 SE 137th Avenue Happy Valley, OR 97086 Lisa A. Reynolds 2442 NW Westover Road Unit 201 Portland, OR 97210

Appeal Period Any registered voter, who submitted timely written comments on the draft ballot title and is dissatisfied with the certified ballot title issued by the Attorney General, may petition the Oregon Supreme Court to review the ballot title.

If a registered voter petitions the Supreme Court to review the ballot title, the voter must notify the Elections Division by completing and filing form SEL 324 Notice of Ballot Title Challenge. If this notice is not timely filed, the petition to the Supreme Court may be dismissed.

Appeal Due November 25, 2019

How to Submit Appeal Refer to Oregon Rules of Appellate Procedure, Rule 11.30 or contact the Oregon Supreme Court for more information at 503.986.5555.

Notice Due 1st business day after appeal filed with Supreme Court, 5 pm

How to Submit Notice Scan and Email: irrlistnotifier.sos@oregon.gov Fax: 503.373.7414 Mail: 255 Capitol St NE Ste 501, Salem OR 97310

More information, including the certified ballot title and the Secretary of State's determination that the proposed initiative petition is in compliance with the procedural requirements established in the Oregon Constitution for initiative petitions, is contained in the IRR Database available at www.oregonvotes.gov.

1162 Court Street NE, Salem, OR 97301-4096

Telephone: (503) 378-4402 Fax: (503) 378-6306 TTY: (800) 735-2900 www.doj.state.or.us

DEPARTMENT OF JUSTICE

APPELLATE DIVISION

November 8, 2019

Stephen N. Trout

Director, Elections Division

Office of the Secretary of State

255 Capitol St. NE, Ste. 501

Salem, OR 97310

Re: Proposed Initiative Petition — Owner Must Lock Firearm/Use Locked Storage

(Exceptions), Report Loss, Supervise Minors’ Use. Penalties/Liabilities.

DOJ File #BT-40-19; Elections Division #2020-040

Dear Mr. Trout:

Dozens of timely comments were submitted on the draft ballot title for the initiative

petition referenced above. We have reviewed each and every comment. A number of the

commenters simply expressed support for this initiative petition.1 Others expressed general

opposition to the measure, many expressing the view that it would violate their constitutional

rights.2 A number of commenters expressed support for the ballot title as drafted.

3 Our usual

practice is to individually address each comment letter we received; it is not practical to do so

here. However, many of the comments presented the same themes or arguments, and we address

those common concerns in this letter.

We note that some comments in opposition do not challenge the draft ballot title but urge

that the proposed measure should not be allowed to appear on the ballot. We note that the

Attorney General’s role in the process of drafting the ballot title is to prepare an impartial ballot

title that complies with ORS 250.035. The comments on a draft ballot title are an important part

of that process, pointing out flaws or nuances that may not be readily apparent. The end result,

1 Those commenters were Eileen Hufana, Christina Bertalot, David Knepprath, Gene

Stubbs, Bill Lynch, Lawrence Krupa, Lisa Reynolds, Elizabeth Rechtenwald, Geri Berg,

Bronwyn Baz, D. Liberge, and Ryan Hassan. 2 Those commenters were Michael Ramsdal, Mark Kronquist, Keith E. Wright, David

Blakey, Ted Campbell, Perry Titlton, Mike Yonkman, John Tatge, Teresa E. Burns, and

Chandler Sherwood. 3 Those commenters were David Sheern, Jill Punches, Stephanie Hull, John Blakinger,

Emily Teixeira, Cheryl McDowell, Beatrice Ann Barkley, Amy Long, Ellen Stearns, Henrry

Wessinger, Frank Connell, Jan Jamiieson, Paul Kemp, Kathryn Withers, Gina Yates, Ellen

Ellenbeier, Eileen Kemp, and Carol Manstrom.

ELLEN F. ROSENBLUM Attorney General

FREDERICK M. BOSS Deputy Attorney General

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the certified ballot title, is intended to provide fair and accurate information to voters so that

informed choices can be made.

Three comments asserted that the prospective measure violates the “separate vote”

provision of Article IV, section 20, of the Oregon Constitution, and one comment asserts that it

violates the “full text” provision of Article IV, section 1(2)(d) of the Oregon

Constitution. Resolution of those issues is beyond the scope of this letter. See OAR 165-014-

0028 (providing for separate review process by Secretary of State to determine whether measure

complies with constitutional procedural requirements for proposed initiative

measures). Accordingly, we do not address them here.

This letter summarizes the comments we received regarding the draft ballot title, our

responses to those comments, and the reasons we did or did not make changes to the ballot title

in light of the submitted comments. ORAP 11.30(6) requires this letter to be included in the

record in the event that the Oregon Supreme Court reviews the ballot title.

We also enclose a copy of the certified ballot title.

The Caption

The ballot title must include a caption “of not more than 15 words that reasonably

identifies the subject matter of the state measure.” ORS 250.035(20(a). The “subject matter” is

“the ‘actual major effect’ of a measure or, if the measure has more than one major effect, all such

effects (to the limit of the available words).” Lavey v. Kroger, 350 Or 559, 563, 258 P3d 1194

(2011).

The draft caption was as follows:

Requires firearms be locked during storage/transfer, loss reported, minors’ use

supervised; imposes penalties/liabilities

Many of the comments on the caption addressed the impracticality of locking forearms,

the alleged inefficacy of doing so, or the inadvisability of doing so in the event that an

emergency requiring personal protection arises. Those comments are directed to the policy

underlying the proposed measure. Many suggest captions that indicate that the measure

criminalizes law-abiding citizens or impairs their ability to defend themselves. Such a caption

would not comply with our responsibility to prepare an impartial caption.

Commenters Jim and Susan McMahon request that the caption include the strict liability

provisions of the proposed measure. Norman Chaput submitted a similar comment. As drafted,

the caption reflects that the proposed measure imposes liabilities; within the limit of the available

words, it is not possible to be more specific without omitting other major effects. Strict liability

is included in the “yes” result statement and summary.

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Commenter Gary Weis notes that there is no exemption in the proposed measure for law

enforcement officers. Section 1(5) of the measure does exempt on-duty law enforcement

officers.

Commenter Stephen D. Poss asserts that the use of “storage” in the caption is misleading,

in that the measure requires that a firearm be locked whenever it is not under the immediate

control of the owner. Commenter Keven Starrett raises a similar concern. We have modified the

caption to make it clear that the firearm must either be locked or placed in locked storage, with

exceptions.

Commenter Keely Hopkins suggests that the caption note that firearms are required to be

locked at all times, with exceptions. Given the broad array of exceptions, including target-

shooting, hunting, and simply carrying a firearm, we believe that change would be misleading.

Accordingly, we modify the draft caption and certify the following caption:

Owner must lock firearm/use locked storage (exceptions), report loss, supervise

minors’ use. Penalties/liabilities.

The “Yes” Result Statement

A ballot title must include a “simple and understandable statement of not more than 25

words that describes the result if the state measure is approved.” ORS 250.035(2)(b). The

statement should identify the measure’s “most significant and immediate effect.” Novick/Crew

v. Myers, 337 Or 568, 574, 100 P3d 1064 (2004).

The draft “yes” result statement read:

Result of “Yes” Vote: “Yes” vote requires firearms be locked during

storage/transfer (some exceptions), loss/theft reported, minors’ use supervised.

Penalties; strictly liable for injuries within four years.

Few of the comments were directed specifically to the “yes” result statement.

Commenters Adam Koble and Vlad Karnafel assert that the statement should provide more

information about the exceptions to the locking requirement. Aligning the “yes” statement more

closely to the certified caption should satisfy some of that concern. Commenter Kevin Starrett

suggests that the statement should make clear that the measure penalizes possession or

ownership of an unlocked firearm; within the available word limits, we agree the statement

should convey that penalties can result from noncompliance. Commenter Keely Hopkins raises

concerns similar to those expressed as to the caption; again, we disagree.

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Accordingly, we certify the following “yes” result statement:

Result of “Yes” Vote: “Yes” vote requires owner to lock firearms when stored,

transferred; exceptions. Owner must report theft, loss. Use by minors supervised.

Penalties; strict liability for injuries.

The “No” Result Statement

A ballot title must include a “simple and understandable statement of not more than 25

words that describes the result if the state measure is rejected.” ORS 250.035(2)(c). The

statement “should ‘address[] the substance of current law on the subject matter of the proposed

measure.’” McCann v. Rosenblum, 354 Or 701, 707, 320 P3d 548 (2014), quoting Novick/Crew,

337 Or at 577 (emphasis omitted). The result statements should be written, if possible, so that

the statements parallel each other. ORS 250.035(2)(c).

The draft “no” result statement read:

Result of “No” Vote: “No” vote retains current laws regulating firearm

transfer/possession, limiting minors’ use; no locks or reporting loss/theft required;

maintains negligence liability standard for injuries.

Few comments were directly specifically to the “no” statement. Commenter Starrett

suggests that the ballot title should make clear that current law allows an owner to keep an

unlocked forearm within ready access. Commenter Hopkins notes that Oregon law already

restricts the sale to or possession of firearms by minors. Aligning the “no” statement with the

certified “yes” statement may satisfy both concerns.

We certify the following “no” result statement:

Result of “No” Vote: “No” vote retains current law; locking firearms, reporting

theft or loss not required. Retains current law regarding possession/ sale to

minors. Owner liability requires negligence.

The Summary

A ballot title must include a “concise and impartial statement of not more than 125 words

summarizing the state measure and its major effect.” ORS 250.035(2)(d). The summary’s

purpose is to “help voters understand what will happen if the measure is approved.” Fred Meyer

Inc. v. Roberts, 308 Or 169, 175, 777 P2d 406 (1989).

The draft summary was as follows:

Summary: Requires firearm owner/ possessor to secure it with trigger or cable

lock, or in locked container when not carried by owner/ possessor, with some

exceptions; must transfer firearm with trigger or cable lock, or in locked

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container; must report theft or loss of firearm to law enforcement within 24 hours;

person transferring firearm to minor must directly supervise minor’s use. Failure

to comply with requirements treated as violation (not crime). Person who violates

requirements strictly liable if firearm that is subject of violation injures person/

property within four years of violation; liability does not apply if injury results

from self-defense or defense of another. Oregon Health Authority to adopt

specifications for trigger locks, cable locks, firearm containers. Defines

“firearm,” “transfer,” other terms. Other provisions.

Once again, few of the commenters directly addressed the summary. Commenter

Salvatorre Casuccio expressed concern that the measure impacts the rights of his minor son to

possess a firearm with his father’s permission. The proposed measure does not appear to impact

the right of minors to possess firearms, provided they are locked as required, but any use by a

minor must be supervised. The measure does contain an exception to the locking requirement

for firearm safety or training, target shooting, or hunting; thus, the requirement of supervision is

the “major effect” on minors, and the summary as drafted includes that effect.

Commenter Vlad Karnafel asserts that the summary should include information as to the

disposition of a criminal who steals a firearm. The proposed measure has no impact on current

law in that regard.

Commenter Kevin Starrett states that the summary should include the possibility that

fines will be imposed and should identify the “unique nature” of the strict liability imposed. As

to the latter point, we believe that the summary adequately describes the nature of the liability

imposed. As to the possibility of fines, that is a natural consequence of a violation, and we are

unable to add a direct reference within the word limitations applicable to the summary.

Commenter Hopkins argues that the summary should make clear that the applicable

penalties apply to each individual firearm that is not secured. We believe that a person reading

the summary as drafted would understand that to be the case.

Accordingly, we decline to change the draft summary, and certify the summary as

drafted.

/ /

/ /

/ /

/ /

/ /

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Conclusion

We certify the attached ballot title.

Sincerely,

/s/ Denise G. Fjordbeck ______________________________

Denise G. Fjordbeck

Attorney-in-Charge

Civil/Administrative Appeals

denise.fjordbeck@doj.state.or.us

Enclosure

Craig Ziegenhagel

4605 NE Granite Ave.

Albany, OR 97321

Robert Smith

7325 NE Imbrie #178

Hillsboro, OR 97124

Teresa Burns

484 SW Ash St.

Dallas, OR 97338

Via email to the following:

Michael Ramsdal

James B McMahon

Mark Kronquist

John Woods

Keith E. Wright

David Blakey

Teddy Campbell

Perry Tilton

Michael Yonkman

John Tatge

David Sheern

Jill Punches

Stephanie Hull

John Blakinger

Emily Teixeria

Cheryl J McDowell

Eileen Hufana

Erik Colville

Beatrice Ann Barkley

Christina Bertalot

Amy Long

David Knepprath

Jon Simonson

Ervin Stubbs

Bill Lynch

Gary Weis

Stan Vizina

Wendy Stone

Lawrence Krupa

Norman Chaput

Cynthia Mahoney

Pat Mahoney

Dee Friesen

Ellen Stearns

Lisa Reynolds

Henry Wessinger

Ronald Duncan

Frank Connell

Jan Jamieson

Paul Kemp

Kathryn Withers

Fred Young

Gina Yates

Ellen Beier

Elizabeth Rectenwald

Geri Berg

Bronwyn Baz

D Liberge

Stephen Poss

Eileen Kemp

Brian Jitloff

Paul Donheffner

Ryan Hassan

Adam Koble

Kevin Starrett

Sal Casuccio

Vlad Karnafel

Keely Hopkins

Carol Manstrom

Chandler Sherwood

Certified by Attorney General on November 8, 2019. /s/ Denise Fjordbeck

Assistant Attorney-in-Charge

BALLOT TITLE

Owner must lock firearm/use locked storage (exceptions), report loss, supervise

minors’ use. Penalties/liabilities

Result of “Yes” Vote: “Yes” vote requires owner to lock firearms when stored,

transferred; exceptions. Owner must report theft, loss. Use by minors supervised.

Penalties; strict liability for injuries.

Result of “No” Vote: “No” vote retains current law; locking firearms, reporting

theft or loss not required. Retains current law regarding possession/ sale to minors.

Owner liability requires negligence.

Summary: Requires firearm owner/ possessor to secure it with trigger or cable

lock, or in locked container when not carried by owner/ possessor, with some exceptions;

must transfer firearm with trigger or cable lock, or in locked container; must report theft

or loss of firearm to law enforcement within 24 hours; person transferring firearm to

minor must directly supervise minor’s use. Failure to comply with requirements treated

as violation (not crime). Person who violates requirements strictly liable if firearm that is

subject of violation injures person/ property within four years of violation; liability does

not apply if injury results from self-defense or defense of another. Oregon Health

Authority to adopt specifications for trigger locks, cable locks, firearm containers.

Defines “firearm,” “transfer,” other terms. Other provisions.