OFF: Dangerous Legislation! Mental Health Emergency Clause vs. Gun Rights

[Norm0931]

I'VE GOT THE PERFECT PLAN!

Article 2, Section 9. Penalty for dueling.

Every person who shall give, or accept a challenge to fight a duel, or who shall knowingly carry to another person such challenge, or who shall agree to go out of the State to fight a duel, shall be ineligible to any office of trust, or profit.—

We just need to get Prozanski to agree to duel someone and we are golden!

 

[Deebow]

Good thing I have all the guns I need so far.

My wife has been saying this to me and our friends over random dinner conversation for about 2 decades now.

 

[Stomper]

What sucks is calling in on anti-gunners does no good. They don't buy guns. This only really effects gun owners, because guns are worse than Pringles. I see this being a pre-cursor to ggun violence restraining orders though. That's an easy jump for Burdick or Prozanski.

Then you call in on their armed security details, and BAMMO... no more armed guards.

 

[nammac]

Seeing the sitting Legislature ramrodded SB941 through, I see the same thing happening with this one....

Time for gun owners to be just like the BlackLivesMatter crowd, we must be disruptive...

Perhaps disrupting the Legislature during their attempt to vote on this BS legislation would send a strong message to the leftists running the state..

Just sayin'

 

[Member 5605]

I already know a couple people I can in good faith call up and report.

 

[etrain16]

Heck, Prozanski's minions will probably just come here, find the member list, identify the Oregonians and report us all.

 

[Norm0931]

<broken link removed> - Everyone needs to sign these petitions. We need to stop the fraudulent us Emergency Clause.

 

[Deebow]

The first three people I am reporting are Ginny, Floyd, and Governor Kate.

 

[Jamie6.5]

The first three people I am reporting are Ginny, Floyd, and Governor Kate.

Nah, report their bodyguards instead.
They need to know what life is like walking around without armed security details.

 

[pokerace]

Once again, Oregon's Democratic leadership is planning a further attack on our Second Amendment rights to own and bear firearms.

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 person's employer or any member of the person's family.

OSP's 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 "on hold." 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 Unit.

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 decide.

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 procedures.

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.

Oregonians' 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 supporters' 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 citizens' Constitutional rights. Oregonians would be wise to oppose this proposal, and remember all of this come November.

Please remember--if we do not stand up for rural Oregon, no one will.

Best Regards,

Doug

Senate District 28


Email: [email protected] I Phone: 503-986-1728
Address: 900 Court St NE, S-311, Salem, OR 97301
Website: http://www.oregonlegislature.gov/whitsett

 

[pokerace]

Oregon's Only No Compromise Gun Rights Organization

.



01.14.16


The Soviet style, false accusation bill we told you about Tuesday has been updated. Clearly this draft is being "worked" and almost surely will be introduced in February. A copy of the latest version can be seen here.


We have been reliably informed this is actually Floyd Prozanski's bill, although Ginny Burdick had previously announced her intention to introduce legislation of this type.


As we told you Tuesday, this bill would allow a laundry list of unqualified people to make a secret report and accuse you of "experiencing a mental health emergency" at which point you lose your right to purchase a firearm. You would not be told this report was filed against you, you would not know who filed it or when it expires.


A few changes were made from the version we shared with you Tuesday.




First, they have changed the definition of one class of "reporters" from "family members" to "immediate family members." The bill also now has vague language about a misdemeanor penalty for "knowingly" making a false report . The worst a person faces for stealing your rights and your good name is a misdemeanor.


They have also added a standard duration for the hold that would be placed on you. Under this second draft, your rights would be stripped from you with no due process for 30 days. Nothing in this draft would prevent your accuser from simply requesting another hold after 30 days.


Included in the list of people who can make a secret accusation against you are school personnel who have "had direct contact with you." It does not say "recent" direct contact. They could have had "direct contact " with you ten years ago.


It also allows any any doctor, "health care provider" or "licensed mental health professional" to make a secret accusation against you. As with family members, those "reporters" are not required to have direct contact with you. So, for example, a person like Senator Elizabeth Hayward, who is a doctor but also openly admits to having severe mental health issues, could initiate a secret report against anyone she wanted even if she did not know him.


Imagine coming to the Capitol to testify against an anti-gun bill like this. Hayward, who has been a vocal, anti-gun extremist, could pick up the phone or simply go online, report that you are experiencing a "mental health emergency" and, without your knowledge or a right to face your accuser, your rights evaporate.


If you find out that this has happened to you because you attempt to buy a gun and are denied, it's up to you to prove you are not a danger to yourself or others. You would either have to find a "health care provider" who would provide "documentation" that you are not a danger, or you would have to go to court, at your expense, and "demonstrate by clear and convincing evidence" that you are not a danger to yourself or others. Good luck with that.


This new version comes the same day we have received the latest statistics from the Oregon State Police on background check denials. (Keep in mind, the OSP does not make public information on their, far more common, delays.) Once again their own statistics prove what a farce this system is. In December of 2015 OSP denied 226 attempted transfers.


Of those, OSP claims that 174 were denied because the buyer was a felon.

11 were denied for "mental health" reasons.

24 people were denied because the OSP claims the gun in question was stolen and 17 people were actually wanted by the police at the time of the attempted purchase.


The number of arrests made? A grand total of ...zero.


So according to the OSP, 191 people who were felons or wanted by the police were trying to buy guns, and exactly none were arrested.


Clearly adding this new category of "prohibited" persons will only increase the complexity and failure rate of this monstrous system.


If you don't know who your local reps are, now is the time to find out. You can find their contact info here.


Call or email them and tell them you expect them to do everything in their power to stop this outrageous attack on your privacy and liberty from even getting a hearing.




You can support Oregon Firearms Federation and help us battle for your rights here. If you are not already a member, a donation of any amount will make you one. Thank you.

 

[3MTA3]

While the concept was first floated by Ginny Burdick, there may be other legislators behind it.

And just a few short weeks ago Ginny Grab Your Guns released a statement saying there wouldn't be any gun legislation in 2016. I didn't believe that BS for one second. It was to get us to let our guard down and nothing else. I'd call her a lying sack but that would be an injustice to fecal matter.

 

[nammac]

Time to force feed the
US Constitution and the State of Oregon Constitution down their throats...

The treasonous Oregon Legislature needs to be investigated by the FBI for corruption, racketeering and RICO violations based upon out of state funding provided by Michael Bloomberg's numerous organizations... Not to mention treason...

 

[DuneHopper]

Better plan now and get multible rallys going except someone tell OFF who often helps organize these things no more rallys and to grow a pair and call it a PROTEST. Tired of this passive BS now is not the time. I wont go to one more stand around and listen to speakers rally I will listen to speakers at a Protest !!!!! A armed and peaceful one but none the less a PROTEST!!

 

[nammac]

Better plan now and get multible rallys going except someone tell OFF who often helps organize these things no more rallys and to grow a pair and call it a PROTEST. Tired of this passive BS now is not the time. I wont go to one more stand around and listen to speakers rally I will listen to speakers at a Protest !!!!! A armed and peaceful one but none the less a PROTEST!!

100% agree, we cannot be passive, have been in the past and ended up with SB 941...

We need to be vocal, intense, loud and armed... You want our rights come and take 'em...

Kevin needs to change tact
To a more aggressive
Posture..

Kevin, if yer out there, we need you to help get things organized and flood the capital during the judiciary committe hearing on this BS legislation...

 

[Stomper]

And no more fat Elvis impersonators as a main speaker recounting his visions of angels as tall as power poles along side the road while driving through the desert, and pimping the "sons of the confederacy", or getting off track and going on about abortion, etc.

 

[transittech]

Anybody have an ex-wife that hates their guts??

 

[etrain16]

And just a few short weeks ago Ginny Grab Your Guns released a statement saying there wouldn't be any gun legislation in 2016. I didn't believe that BS for one second. It was to get us to let our guard down and nothing else. I'd call her a lying sack but that would be an injustice to fecal matter.

But it's not a gun bill, it's a mental health bill. How dare you imply Ginny and her friends are liars?!

Reading some of what has been written about this proposed bill, I do hope it's found, should it pass, that it's unconstitutional. Then, I would ask for a bill that requires mandatory jail time for any legislator proposing unconstitutional laws such as this one - and it needs to have the emergency clause attached too

 

[PaulB47]

To attempt disarming someone is an act of war. Proceed accordingly...

 

[edison bulb]

Sent this OFF alert to all of our members at PSU Students for Concealed Carry!