Oregon Passes GOP Senator’s Bill Allowing Gun Seizure Order Without Gun Owner’s Knowledge

[livingston]

Oregon Passes GOP Senator’s Bill Allowing Gun Seizure Order Without Gun Owner’s Knowledge
Oregon lawmakers passed legislation co-sponsored by Sen. Brian Boquist (R-Dallas) that allows a judge to issue an ex parte ruling for the confiscation of an individual’s firearms.
The bill is SB 719, and it has now passed Oregon’s House and Senate. It creates an Extreme Risk Protection Order, which forces the subject of the order to hand over all firearms, as well as his concealed carry permit if he possesses one.

NRA-ILA reports:

Based on a California law enacted in 2014, SB 719A would create a so-called “Extreme Risk Protection Order” (ERPO) that could be obtained by a law enforcement officer, family member, or household member in an ex parte hearing to deprive someone of their Second Amendment rights without due process of the law.

The ex parte aspect of the law means the bill does not require the gun owner to be present for part of the hearing in which the judge decides whether guns should be taken from him.

On April 18, 2017, Breitbart News reported that Boquist was pushing this confiscation bill, and he emailed Breitbart News to suggest the bill simply puts forward a law that is popular in other gun-control states. For example, Boquist informed Breitbart News that a similar law “passed the voters in Washington by 70%.”

Boquist also told Breitbart News that SB 719 “is not confiscation.” However, the language of SB 719 is quite confiscatory. It says:


Requires court to order respondent to surrender deadly weapons and concealed handgun license within 24 hours of service of initial order, and immediately upon service of continued or renewed order. Provides for law enforcement officer serving order to request immediate surrender of deadly weapons and concealed handgun license and authorizes law enforcement officer to take possession of surrendered items.

If a requirement for “immediate surrender” of firearms and concealed carry license upon issue of an ex parte ruling is not confiscation, then what is?
Oregon Passes GOP Senator's Bill Allowing Gun Seizure Order Without Gun Owner's Knowledge

 

[livingston]

Read the comment section... One fellow said it will not pass the SCOTUS test ...what ever that is ...They are in the 9th circuit and how often does a gun case get kicked upstairs to SCOTUS ...

 

[Jezman]

Happens Everyday all over the country. In NY if you get an order against you, it's voluntary till you refuse then they confiscate them. Win win for them loose loose for you.

 

[VietnamEraVet]

Happens Everyday all over the country. In NY if you get an order against you, it's voluntary till you refuse then they confiscate them. Win win for them loose loose for you.

Actually, in NY, I found it to not exactly be "voluntary". I've written about this in another thread, so I'll summarize it here.

Had an incident at my home where a man who has threatened my life on multiple occasions showed up unannounced, then he called 911! Cops came, approached me on my property, took my EDC away, and then gave it back at the end of the call. No one charged. Six months later I get a letter from Erie County PPO suspending my permit and demanding that I immediately turn in my handguns, or risk arrest. Nothing voluntary about it. The PPO refused to even tell me what I was accused of! No due process first either. The PPO did not follow NY State law which actually calls out the 3 specific causes that justify handgun permit suspension or revocation: felony arrest; Order Of Protection, or involuntary commitment, - and none of those applied in my case. See this link to that section of the law: New York Consolidated Laws, Criminal Procedure Law - CPL § 530.14 | FindLaw

When I went to court, I found out that my local Police Chief wrote a letter to the PPO demanding my permit be revoked, because he didn't like my attitude (because I used "profanity" when I told that guy to stay the fuck off my property, and away from me), AND, - I had the nerve to carry an additional magazine on me! WTF! And the Police Chief was a piece of work: when I filed a FOIA request to see what could possibly be behind the suspension, he played dumb. When I got wind that he might have written some kind of letter, I demanded it from him. His response when I cornered him: what letter? When I later confirmed that he had written it, he next response was to say that he did not have to provide me a copy under FOIA because "he wrote it personally, not officially". BULLSHIT! He got the Town Attorney to refuse to give me a copy as well. Even the Judge said he could not give me a copy, although he did at least give me the date of the letter and summarized what it said. I finally got a copy of his letter that was written on PD letterhead and in his official capacity as Police Chief by going to the FOIA Officer for Erie County from my PPO file. Coincidentally, she works in the Erie County Clerk's Office.

I had to hire a lawyer and go to court while being completely in the dark! When I was informed by the Judge of the accusation against me, I insisted on immediately testifying. The Judge reinstated my permit the very next day, but Will Fowler refused to follow the law, and buried my file AND the court order reinstating my permit, and would not issue a "permit restoration letter" and the return my actual permit card with it. How fucked up is that? Just another delaying tactic on their part. He hid it for over two months until I went over his head to the Erie County Clerk's Office, who demanded he produce my file, and issue the letter immediately. He did, - under duress.

Then, I had to chase my local PD and demand they return my handguns, which took additional time, because at first they would not even respond to me. They refused to give me back my guns when I went in person to the police station with the court order, and later, they refused to return them to me, - claiming that they had not received their own copy of my "permit restoration letter" directly from the PPO, - and they would not accept a copy of the one I finally received. Again, I had to go over Will Fowler's head to his boss at the Erie county Clerk's Office to get them to directly email an "official" copy of the letter to my local PD. And then, they finally acknowledged receiving it after a few more days of delay. I managed to get their individual email addresses, and after days of emailing them asking politely but firmly for the return of my guns, they finally responded and gave me a whole 15 minute window to get there and pick them up. All told, it took me over 5 months to get my guns back, - and that was only because I kept the pressure on to get them back.

Dealing with Little Napoleon type police chiefs in May Issue states, and having your firearms seized without due process is fucked up!

 

[Podmonkey]

^Cold dead hands.

 

[zzrguy]

Well there a case on Long Island where a father of a elementary school child had all his guns seized (long guns and handguns)cause his son talk about the guns in school and the school lohged the complaint this happen about 7 years ago his has been not gotten his gun back and has since given up as the toll on his family and finances have drain him that much.

 

[livingston]

One of the most irritating thing about this is .,...
Based on a California law enacted in 2014
going forward will we see articles saying ..... Based upon the NY Safe act ... in years to come ...across the United States...

 

[Jezman]

Actually, in NY, I found it to not exactly be "voluntary". I've written about this in another thread, so I'll summarize it here.

Had an incident at my home where a man who has threatened my life on multiple occasions showed up unannounced, then he called 911! Cops came, held my EDC, and gave it back. No one charged. When I went to court, I found out that my local Police Chief wrote a letter to the PPO demanding my permit be revoked, because he didn't like my attitude, AND, I had the nerve to carry an additional magazine on me! WTF! (They did not follow NY State law which actually calls out the 3 specific causes that justify firearm confiscation: felony arrest; Order Of Protection, or involuntary commitment, - and none of those applied in my case.)

Six months later I get a letter from Erie County PPO suspending my permit and demanding that I immediately turn in my handguns, or risk arrest. Nothing voluntary about it. The PPO refused to even tell me what I was accused of! No due process first either.

I had to hire a lawyer and go to court while being completely in the dark! When I was informed by the Judge of the accusation against me, I insisted on immediately testifying. The Judge reinstated my permit the very next day, but Will Fowler refused to follow the law, and buried my file and the court order reinstating my permit, and would not issue a "permit restoration letter" and return my actual permit card (how fucked up is that? Just another delaying tactic on their part.) for over two months until I went over his head to the Erie County Clerk's Office, who demanded he produce my file, and issue the letter immediately. He did, - under duress.

Then, I had to chase my local PD and demand they return my handguns, which took additional time, because at first they would not even respond to me. All told, it took me over 5 months to get my guns back, - and that was only because I kept the pressure on to get them back.

Having your firearms seized without due process is fucked up!

That is what is totally screwed up in this State and others. The law dogs do as the want not what is right. Corrup

 

[gun_slinger_boy]

One of the most irritating thing about this is .,...
Based on a California law enacted in 2014
going forward will we see articles saying ..... Based upon the NY Safe act ... in years to come ...across the United States...

Nope. You WILL NOT see this happen in the US. Only in places like NY and CA.

 

[prambo]

Read the comment section... One fellow said it will not pass the SCOTUS test ...what ever that is ...They are in the 9th circuit and how often does a gun case get kicked upstairs to SCOTUS ...

Doesn't matter - won't pass my line in the sand test. If they were to bring this shit to NYS they would have to...

 

[David D]

I will bet that the average permit holder does not have the resources to follow up as you did. Lawyers don't come cheap as everyone knows. These jurisdictions know this and they think that they don't have to answer to anyone. Glad you got your guns back.

 

[tirwin1]

Co sponsor was a republican? Must be a RINO.