Once again, Oregonís Democratic leadership is planning a
further attack on our Second Amendment rights to own and
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 personís employer or any
member of the personís family.
OSPís 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
ďon hold.Ē 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
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
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
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.
Oregoniansí 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 supportersí 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 citizensí
Constitutional rights. Oregonians would be wise to
oppose this proposal, and remember all of this come
Please remember--if we do not stand up for rural Oregon,
no one will.
Senate District 28
I Phone: 503-986-1728
Address: 900 Court St NE, S-311, Salem, OR 97301