Once again, Oregon’s Democratic leadership is planning
a further attack on our Second Amendment rights to own and bear firearms.
Legislative Concept 250 (LC 250) is scheduled to be
introduced as a Judiciary Committee bill this week. It is nothing less than a major
gun control act camouflaged as relating to mental health reporting. Moreover,
as currently written, the proposal may violate other provisions of our Bill of
Rights.
LC 250 would automatically prohibit the purchase of a
firearm by any person who has been reported to the Oregon State Police (OSP) Firearms
Unit as experiencing a mental health emergency and posing a danger to themselves
or others with a firearm. The automatic prohibition would be in force for 30
days from the time the report is made.
The LC Draft requires the Firearm Unit to establish a
telephone number or website where the report may be made. Those authorized to
make such a report to the Firearms Unit include physicians, health care
providers, licensed mental health professionals, K-12 educators and principals,
college and university administrators, professors and instructors, the person’s
employer or any member of the person’s family.
OSP’s Firearms Unit would be prohibited from
disclosing the identity of the reporter and the reporter would be immune from
all civil liability as long as the report is made in good faith. Knowingly
making a false report would be a Class A misdemeanor.
The firearm Unit is also prohibited from notifying the
person that his or her ability to purchase a firearm is “on hold.” The only way
for the person to discover he or she is prohibited from purchasing a firearm
would be to attempt to purchase a firearm.
The LC Draft offers the person two methods of being
granted relief from the firearm purchase prohibition.
Documentation from a health care provider may be obtained
and offered as proof that the person is not a danger to themselves or others.
The Firearms Unit is required to lift the firearm prohibition upon receipt to
that documentation. The potential liability to the health care provider who
makes such a determination is not addressed in the LC Draft.
Alternatively, the person may file a petition for
relief from the firearm purchase prohibition in circuit court upon payment of
the appropriate filing fee. A copy of that petition must also be served upon
the Firearms Unit.
The Circuit Court must schedule a hearing for the
petition within five judicial days. The person is required to prove to the
court by clear and convincing evidence that he or she is not a danger to themselves
or others. The judge will decide whether the relief from firearm prohibition
shall be granted.
The LC Draft appears to be silent on how a second or
subsequent report alleging danger to themselves or others would be processed. It
appears that the same or another authorized reporter would be able to simply
file another report with the Firearms Unit even if a medical care provider or a
judge determined that a previous report was without merit.
LC 250 has an emergency clause that will prohibit any
opportunity for it to be referred by the voters to decide.
Both our state and federal constitutions require the
prosecution to prove guilt or culpability in a court of law before sanctions or
reduction of rights may be carried. As it is currently written, this proposed
bill appears to require a person accused of being a danger to themselves or
others to prove they are not guilty. While that level of proof is not beyond
reasonable doubt, the clear and convincing level of proof required is certainly
more difficult to achieve than the preponderance of evidence required in most
civil procedures.
Further, LC 250 appears to prohibit the person from
access to virtually any remedy to the significant harm caused to them by the
implementation of the proposed law. They would even be prohibited by the law
from being allowed to face their accuser.
Oregonians’ Second Amendment rights were deliberately
targeted during the 2015 session with the passage of Senate
Bill 941. This was allegedly done, at least partially, at the behest of
former New York Mayor Michael Bloomberg and his affiliates after they provided
some of the resources to fund anti-gun bills and their supporters’ campaigns.
All indications are that Oregon Democrats will
continue to do the bidding of out-of-state billionaires, regardless of how it
may infringe upon citizens’ Constitutional rights. Oregonians would be wise to
oppose this proposal, and remember all of this come November.
Please remember--if we do not stand up for rural Oregon, no one will.
Best Regards, Doug
Senate District 28
Email: Sen.DougWhitsett@state.or.us I Phone: 503-986-1728 Address: 900 Court St NE, S-311, Salem, OR 97301 Website: http://www.oregonlegislature.gov/whitsett
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