Oregon’s Gun Confiscation Law – and the Opposition

 In 2nd Amendment

Oregon’s gun confiscation law is now in the crosshairs of lawmakers who oppose it. And well they should oppose it- the law violates both the 2nd and 14th Amendments. It is modeled after a Washington State law that allows police to confiscate the firearms of anyone relatives say is likely to harm themselves or others. But two lawmakers and a political candidate have launched an effort to repeal it.

Oregon Governor Kate Brown, who had campaign donors from anti-gun groups, signed SB 719 into law earlier this month. The Senate passed it 17-11.  The House squeaked by with a 31-28 vote – no Republicans voted for it and 3 Democrats voted against it.

Extreme Risk Protection Orders

Guns.com reported,

“The new law will establish a process for obtaining an order issued by a judge in a civil court prohibiting the subject from possessing or buying firearms or ammo for one year. It grants police enforcing such orders the power to search for and seize guns that were not surrendered or stored with a third party such as a gun dealer. The subject of the order has 30 days to request a hearing to keep their firearms, which must be held within 21 days.”

Repeal effort

Some of the Oregon lawmakers are working to repeal the law. Rep. Mike Nearman, R-Independence; Rep. Bill Post, R-Keizer and former candidate for State Legislature Teri Grier have launched the repeal effort.

The criticism of the law from a 2 term lawmaker states that it “calls for the forced confiscation of property by the police with no due process, no accusation of a crime let alone conviction of a crime. It allows people with no mental health credentials to make assessments of other’s states of mind and it allows people with no mental health credentials (judges) to punish people they have never met or spoken to.” Rep Bill Post, (R-Keizer).

The opposition lawmakers are hoping to raise 80,000 valid signatures required to get the repeal of SB 719 on the ballot for 2018. They have called their effort, “Say No to 719.”

The issues 

The stated purpose of the gun law was to  prevent mass shootings and suicides.  Their idea is that relatives usually can tell when someone is in emotional or mental trouble. The difficulty is that the law relies on people who are NOT trained professionals and deletes an enumerated right under the Constitution. There is a penalty written into the law for a false report of  mental instability, but after the guns are confiscated then what? A long arduous process of getting them back ensues.

Critics have stated that the Oregon law was “poorly written.” Maybe it’s the concept that is poorly conceived, don’t you think?



Showing 2 comments
  • richard turner

    Our country is headed towards communism faster every day

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