Oregon Bill HB 4145 – Gun Confiscation?
The Oregon legislature passed HB 4145 on February 19, and and its Senate counterpart on February 22. Oregon Governor (Democrat) Kate Brown signed the bill on March 5, 2018. But what does it do? Is it a gun confiscation bill? Not exactly, but it does expand some definitions that could pose a problem.
Oregon has had Extreme Risk Protection Orders since August of 2017, which we previously reported. Those type of orders – also known as “red flag laws” allow for the confiscation of guns from a person that a relative or officer has determined to be a “danger to themselves or others.” There are legal ways to get the guns back, but it is a long and difficult process. And there is a period of time after the order is issued in which the respondent can fight the order, but that, too requires proof of innocence…which is difficult to do.
Our legal system was founded on the premise of innocent until proven guilty…these types of laws reverse that situation.
What does HB 4145 do?
Oregon’s HB 4145 expands the definitions of “relationship” for who can obtain an ERPO order. Family members, spouses or intimate partners, children or guardians of children are all included.
It also expands a law to add convictions for certain misdemeanors to the list of who can or cannot own a firearm, in particular domestic violence convictions and stalking.
It tightens restrictions on any gun transaction at a gun show –that’s ANY gun at a gun show.
Where the law previously was only for hand gun transactions both at gun shows and at dealers, it now covers all guns, as well as sellers who do not have a dealer’s license. All have to conduct the record checks for any transfer or purchase of a firearm. They have maintained civil immunity for any gun dealer who complies with this law.
You can read the entire law here.