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The Oregon Gun Show Controversy

Measure would expand gun checks, close background check loophole

By Amalie Young/AP

A proposed law that would require background checks before firearms are sold at Oregon gun shows gained momentum after the deadly 1998 shootings at Thurston High School, but was defeated by a single vote in the Legislature last year.

Now it appears that Oregon voters are on track to approve the measure on the Nov. 7 ballot.

John McCain, the popular Republican U.S. senator, is appearing in TV ads endorsing the Oregon measure and a similar one in Colorado.

“Convicted felons have been able to buy and sell thousands of guns at gun shows because of a loophole in the law. Many were later used in crimes. That’s wrong,” McCain says in the ad. “I believe law-abiding citizens have the right to own guns, but with rights come responsibilities.”

An April poll indicated that most Oregon voters agree with McCain.

In that survey of 501 registered voters, conducted for The Oregonian and KATU-TV, 77 percent said they would vote for the measure. The poll had a margin of error of plus or minus 4.5 percentage points.

This might seem odd in a state where more than 50 percent of the households own at least one gun.

But Jim Moore, a University of Portland political science professor, said most Oregon gun owners don’t think the background checks are unreasonable.

“Gun ownership is not the center of their political universe,” he said. “This has been marketed as a loophole that needs to be closed—and they’ve been successful.”

Still, the measure has angered hard core gun-activists who argue the law would do nothing to stop crime or violence.

“It’s just amazing how emotional these people get,” said Sen. Ginny Burdick, D-Portland, a chief sponsor of Measure 5. “It’s not that big a deal. It’s background checks at gun shows.”

Supporters say gun shows—where only federally licensed dealers are required to conduct checks—are an easy source of firearms for those who would rather buy guns with no questions asked.

The measure would require that checks also be imposed on non-licensed dealers—such as hobbyists and collectors—who sell firearms at the 160 gun shows held in Oregon each year.

The law would apply anywhere 25 or more guns are sold, meaning that checks would be required at some estate and yard sales. Those caught selling firearms without background checks would face a misdemeanor charge. Three violations would mean a felony.

Measure 5 is similar to a bill that was heatedly debated in the 1999 Legislature. Lawmakers gave the proposal renewed attention after the 1998 shootings at Thurston High School left two students dead and 25 injured.

Pressure from the gun lobby mounted, however, and the bill failed on a single vote.

Voters in Colorado, a state that suffered its own school violence tragedy at Columbine High School last year, will also go to the polls this year to decide on a similar gun-control measure.

Measure 5 also expands the current five-year police record-keeping on handgun sales to include rifles and shotguns.

Records are a major point of contention for those who believe gun ownership is their constitutional right.

“For people who are jittery and leery about what the government can do, this is a big deal,” said John Hellen, a lobbyist for the pro-gun group Oregon Gun Owners. “It’s not too ridiculous to think this information can be used to harm Oregonians.”

Measure 5 would only burden law-abiding citizens who have the right to purchase guns, Hellen said. He wonders why backers haven’t included stiffer penalties for those who use a firearm to commit a crime.

“To us, that is the real piece that will reduce crime,” Hellen said.

Supporters of Measure 5 argue it would not threaten anyone’s constitutional rights—because record-keeping laws are already in place.

And most gun owners, Burdick says, don’t think the measure is unreasonable. She recruited a gun owner who is a member of the National Rifle Association to write a statement of support in the Voters’ Pamphlet.

“Measure 5 is a reasonable measure that would not interfere in any way with my rights as a law-abiding gun owner,” John Brogoitti, of Pendleton, wrote.