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Two bills that will significantly infringe on our Second Amendment rights to own and bear firearms are currently being debated in the Oregon Legislative Assembly. Both bills can be enacted with simple majority votes in each chamber. Because Democrats have strong majorities in both legislative chambers, both bills are very likely to be enacted on “party line” Democrat votes.
Senate
Bill 941 is being called the “Oregon Firearms Safety Act.” It mandates that both a private person who is transferring a firearm, and the person who is receiving the firearm, to appear in person before a licensed gun dealer, with the firearm to be transferred, to request a criminal background check prior to the transfer of possession of the firearm. The firearm may not be legally transferred until the criminal background check is successfully completed.
“Transfer” is defined to include the sale, gift, loan or lease of a firearm. Specific exceptions include transfers of possession between family members, inherited firearms among family members at the death of the owner, and transfers between law enforcement. Additional exemptions include certain temporary transfers such as for firearm repairs, at a shooting range or while hunting, and “for the purpose of preventing imminent death or serious physical injury and the provision lasts only as long as is necessary to prevent imminent death or serious physical injury.”
Failure to comply with the law will be a Class “A” Misdemeanor, punishable by up to one year in prison and a $6,250 fine. Conviction of a second or subsequent offense will be a Class “C” Felony, punishable by up to ten years in prison and a $250,000 fine.
There is an emergency clause included in SB 941 that will prohibit it from being referred to the people to decide on a statewide vote. In my opinion, its only purpose is intended to block the people’s constitutionally guaranteed right to review the work of the Legislative Assembly through direct democracy.
SB 941 is chief sponsored by Senators Floyd Prozanski (D-Eugene) and Ginny Burdick (D-Portland), and co-sponsored by 24 other Democrat legislators. The bill is being fast-tracked for a public hearing Tuesday, March 31 and a work session on Wednesday, April 1.
That’s not the only proposed legislation that Second Amendment supporters should be prepared to oppose.
Senate
Bill 525 prohibits the possession of a firearm or ammunition by any person who is subject to a restraining order issued by a court under the Family
Abuse Prevention Act or that has been convicted of certain other misdemeanor crimes involving domestic violence.
The bill includes court-issued restraining orders that result from charges relating to the commission of any misdemeanor that involves, as an element of the crime, the use of physical force or a deadly weapon. The term “physical force” is not limited in statute and physical injury is defined to mean “impairment of physical condition or substantial pain.”
This bill absolutely does NOT require a person to be convicted of any crime before the possession of a firearm and ammunition by that person is made unlawful. It merely requires a court hearing!
Specifically, the bill only requires that the person be subject to a restraining order issued by a court that was continued after a hearing, for which the person had actual notice and an opportunity to be heard by the judge.
The “Family Abuse Prevention Act” is wide-reaching. It defines “family or household members” to include spouses; former spouses; persons who are adults and are related by blood, marriage or adoption; persons who are or who have cohabited with one another; persons who have been involved in a sexually intimate relationship with one another within the preceding two years and unmarried parents of a child.
It further describes various acts that are unlawful:
“Abuse” is described as attempting to cause bodily injury, or intentionally placing another in fear of imminent bodily injury.
“Intimidate” is explained to act in any manner that would reasonably be expected to threaten a person compelling or deterring conduct on the part of the person.
“Menace” means to act in a manner that would reasonably be expected to threaten a person.
“Molest” means to act, with hostile intent or injurious effect, in a manner that would reasonably be expected to annoy, disturb or persecute a person.
Under this bill, a person commits the crime of unlawful possession of a firearm if the person knowingly possesses a firearm and the possession is prohibited by virtue of a restraining order issued under provisions of the “Family Abuse and Prevention Act.”
The penalty for violation of this law will be up to one year in prison, a fine of up to $6,250, or both.
It is easy to envision serious and even dangerous confrontations when law enforcement attempts to take all of the firearms and ammunition in the possession of a person who has only been accused of some form of family abuse. Further, the act continues the prohibition of the possession of firearms and ammunition for as long as the restraining order is in effect. In the event that the prohibition is the result of a conviction for a qualifying misdemeanor, the person appears to be prevented from possessing a firearm or ammunition until the conviction has been set aside, expunged or the person has been pardoned.
SB 525 is chief sponsored by Senator Laurie Monnes Anderson (D-Gresham) and is co-sponsored by seven other Democrat Legislators and Representative John Huffman (R-The Dalles). SB 525 has already had a public hearing on March 25. At this time, no work session has been scheduled.
Every Oregon resident who is concerned about preserving our Second Amendment rights should be focused on these two bills. Both bills are being presented as acts to improve public safety and to protect the sanctity of the family. They are, in fact, anti-gun bills dressed up in camouflage.
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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