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Oregon House Bills 2787 and 2792

Discussion in 'Legal & Political Archive' started by wingspar, May 31, 2011.

  1. wingspar

    wingspar Oregon Member

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    The NRA sent out emails to Oregon members last week asking that we voice our opinions on these two bills, and gave the email addresses to 5 Oregon Senators. I emailed every one of them, and actually got a reply from Senator Jeff Kruse. It certainly is not an encouraging reply. I just post this fyi. No replies are necessary.


    WEEK SEVENTEEN

    I have received a massive amount of emails this week on two issues. The first issue was Senate Bill 525 dealing with the eventual elimination of phone books. Three interesting points; first the bill is dead, second 98% of the emails were from out of state, and third it is a really stupid idea.

    The other issue is actually an important one as it deals with Second Amendment rights . A few weeks ago the House passed three gun bills. House Bull 2797 defined the ability to carry a gun on an ATV or motorcycle and passed the House 58 to 0. House bill 2787 clarified what we already thought was in law prohibiting agencies from disclosing information about concealed carry permit holders and passed the House 42 to 18. House bill 2792 would have allowed permit holders from other states to legally carry in Oregon and Oregon residents to legally carry in other states (reciprocity) and passed the House 40 to 17. Three well thought out bills, fully debated and passed with large majority (bipartisan) votes.

    At this point the story turns bad, as these bills now had to go before the Senate Judiciary Committee. It is well known that Floyd Prozanski (who chairs the committee) and several others in the Senate Democratic Caucus are very much anti-gun people. They may attempt to deny it, but their voting record over the years is very clear.

    Several weeks ago Senator Prozanski scheduled hearings on all three bills. The House members who sponsored the bills came in and testified for about fifteen minutes on the bills and made a very good case for passing the bills without amendments. The next two hours were spent on testimony from people like State Superintendent Castillo talking about violence in schools and referring to an amendment to one of the bills. I asked the Chair if there was such an amendment and he said “no, it was just a concept”. At that point I suggested the testimony was out of order because it didn’t pertain to the subject of any of the bills, but was ignored.

    I should take a break from the narrative at this juncture to point out in the history of gun violence in schools in the United States there has never been an incident involving anyone with a concealed carry permit. In the two hours of testimony we heard about the violence in Portland, not one of the incidences referenced involved a person with a legal permit and none of the cases noted took place on school grounds. When I suggested to those testifying that maybe their focus should be on criminals and not law abiding citizens my suggestion was rather rudely rejected.

    Now fast forward to this week and the Wednesday hearing on House Bill 2797 (the one that passed the House unanimously). Senator Prozanski had already decided to kill the other two bills and include the confidentiality provisions of HB 2787 into HB 2797. The problem came when he also chose to put in a provision making it a C felony for someone with a legal carry permit to have a gun in their possession on school grounds. I suggested to Senator Prozanski that he should put his concept in a separate bill and not mess with the three very good bills the House sent us. His response was, in essence, he could do whatever he wanted, which was true because he had the support on the committee of Senators Bonamici and Dingfelder.

    At the end of the day Senator Prozanski has found a way to kill all three gun bills, because he knows the House will not agree with his amendments. Senator Whitsett and I voted no on the amended bill and served notice of a minority report. This will allow us to bring a good gun bill to the floor of the Senate. I truly believe our bill will be one that could easily pass, but it will fail because Senate democrats never go against their leadership.

    The anti-gun minority will have won again. We continue to make it harder for people who obey the law and ignore dealing with the actual criminal element responsible for the violence. Please pay attention to the vote on the minority report on HB 2797 as well as the vote on the actual bill. The bill itself with the Prozanski amendment is a Constitutional violation and should be noted.

    Sincerely,
    Senator Jeff Kruse
     
  2. wingspar

    wingspar Oregon Member

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    Here is an email response from Senator Floyd Prozanski. Again, I post this fyi only. No comment is necessary.


    I want to thank everyone who sent me their comments on the various gun bills that were assigned to the Senate Judiciary Committee. I especially want to thank the vast majority of individuals who discussed the merits of those bills with civility and respect.

    Unfortunately, many of you have received inaccurate "alerts" and other correspondence, including allegations that I am against keeping Concealed Handgun License (CHL) holders’ and applicants' personal information confidential. That is not true. In fact, I support keeping such information confidential. You also have been told that I am "anti-gun." That is also inaccurate.

    Let me first set the record straight about myself. I was born and grew up in Texas. I lived there for almost 30 years. I purchased my first gun when I was 15 years old and have continuously owned firearms ever since. My sister was murdered with a handgun in 1973. I believe the state has the right and duty to place reasonable restrictions on whom can possess guns and where they can be carried. I have been a prosecutor in Oregon for 24 years. As a gun owner for more than 40 years, I support both the Second Amendment of the U.S. Constitution and Article I, Section 27 of the Oregon Constitution.

    Now let me set the record straight about the firearms legislation pending in this year's Legislative Session. To maximize support, I amended a bill in the committee to incorporate several changes into one firearms bill. As amended, HB 2797 includes these major points. It:

    - Prohibits the disclosure of personal information of CHL holders and applicants, Clarifies when and how ATV operators and motorcyclists can carry firearms,
    - Prohibits certain felons from petitioning the court for restoring gun rights,
    - Prohibits guns on public school campuses,
    - Requires a report from the State Police on compliance with the National Instant Criminal Background Check System Improvement Amendments Act of 2007,
    - Includes provisions limiting police authority to arrest or charge a CHL holder,
    - Limits prosecution of CHL holders to state (not federal) law violations, and
    - Repeals the law requiring an individual to allow police to examine a firearm to see if it is loaded or not.

    Many of you have received information from Kevin Starrett of Oregon Firearms Federation, who has used scare tactics, misinformation and "photo shopped" pictures to berate the bill or me. He seems more interested in drumming up contributions than discussing the merits of the entire bill. In fact, it seems he only disagrees with only two points of the bill.

    Kevin has previously testified that he believes all felons including murderers and rapists should be eligible to petition a court to restore their gun rights. I disagree. I have spoken to numerous OFF and NRA members who agree with me that certain felons should be prohibited from restoring their gun rights.

    Kevin also believes that a CHL holder should be able to carry a firearm into any public building including schools. Again, I disagree with him. I believe certain public buildings including courthouses and schools should be off limits for guns, except for ROTC programs and gun safety classes.

    Some of you may have also received an e-newsletter from Senator Jeff Kruse making inaccurate claims about the bill, the committee process, and my intentions and position on these gun bills. It is unfortunate, because misinformation does a service to no one. Even though Jeff claims that I am "anti-gun" (I am not) he in fact voted with me and the three other committee members to amend another firearms bill, HB 2792, to pass it to the Senate floor with a "do pass" recommendation.

    I've heard from constituents who have two significant issues with HB 2797. Some support making CHL holders and applicants' personal information confidential, and some support prohibiting CHL holders from carrying weapons on public school grounds. Many individuals support only one of these provisions, but not both. I support both, along with the other provisions of the amended bill.

    I hope this letter clarifies what is actually included in HB 2797 as well as my personal beliefs and history regarding gun rights. I understand that we may not always agree, but I am open to hearing your point of view. Again, I want to thank everyone who contacted me and was civil in expressing their views.

    Very truly,
    Senator Floyd Prozanski



    Summary of HB 2797 as amended:

    I. Carrying guns on ATVs and motorcycles
    Sections 1-3: Clarifies when and how ATV operators and motorcyclists can carry firearms.

    II. Concealed Handgun License (CHL) records
    Section 4: Prohibits the disclosure of personal information of CHL holders and applicants.

    III. Felons gun rights
    Sections 5-6: Sets limits on when and who may petition the court for restoring gun rights. Prohibits felons who were convicted of a person felony while using a firearm or deadly weapon or a Measure 11 offense from seeking restoration of their gun rights. Requires eligible felons to wait three years before seeking restoration of their gun rights.

    IV. Guns on public school grounds
    Sections 7-8: Prohibits most firearms on public school grounds. Maintains current exemptions and adds new exemption for CHL holders.

    V. Limits police authority to arrest or charge CHL holder
    Section 9: Exempts CHL holders from being arrested or charged for violating ORS166.250 (1) (a) or (b) or ORS 166.370 (1)(a).

    VI. Limits prosecution under ORS 166.425 to state law violations
    Section 10: Limits application of ORS 166.425, Unlawful purchase of a firearm, to state law violations (deletes federal law violations from statute).

    VII. Report from OSP to the Legislature regarding mental health records
    Section 11: Requires state police to provide a report re: compliance with the National Instant Criminal Background Check System Improvement Amendments Act of 2007. Including the state complying with reporting mental health records of those found guilty except for insane or declared insane by a court.

    VIII. Sunset Clause
    Section 12: Repeals Section 11 on 1/2/12.

    IX. Repeals Examination of firearm by police
    Section 13: Repeals ORS 166.380, Examination of firearm by police to determine if it is loaded or unloaded and prohibits arrest for failure to allow examination.

    X. Effective Dates
    Section 14: Sets effective date for changes to existing laws amended by Sections 1 to 3, 7, 9 and 10.

    XI. Emergency Clause
    Section 15: Emergency clause – bill becomes law and is effective upon governor's signature.
     
  3. VW_Factor

    VW_Factor Woodburn Oregon Active Member

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    I made sure to send him an email back refuting his outright lies in this email response. It was short and to the point.
     
  4. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    I have google-fu'ed but cannot find the most current form of this bill anywhere. The referenced link on the OFF website links to a 4-page PDF that looks like it trails off and is incomplete, and may be out of date.

    Is there someplace that we can look at the most current form with the ammendments... particularly relating to Sec. IV? The Senator's reply would seem to indicate that CHL holders are exempted from the "school property ban" with some added exemptions as well. It'd sure be nice if we could see the current version before we go firing off angry emails to the Senator and calling him a liar, if in fact what he said in his reply is true...



    He seems to have contradicted himself by saying he thinks CHL guns should be restricted from shools then states:

    IV. Guns on public school grounds
    Sections 7-8: Prohibits most firearms on public school grounds. Maintains current exemptions and adds new exemption for CHL holders.



    The devil is in the details with these "lawyers", yes?
     
  5. wingspar

    wingspar Oregon Member

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    See this page NRA-ILA :: on the NRA site, and look under Oregon Updates. Those links have the links to the bills in them in html format. How up to date the info is, and if the links are being kept up to date isn’t mentioned.

    I really intended for this thread to be informational, and not for discussion.
     
  6. VW_Factor

    VW_Factor Woodburn Oregon Active Member

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    When he mentioned OFF using shopped images to slander him and his amendments to the bills, I kinda chuckled. I can't remember any images at all, let alone a shopped image used. At any rate, knowing Floyd blatantly lied about that, and butchering bills behind closed doors of committee.. Says all we need to know about his "honesty".
     
  7. elsie

    elsie Way over there on the left Well-Known Member

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    Usually the best place to look is on the legislature web site: Oregon State Legislature - Bills and Laws



    elsie
     
  8. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Well SO FAR my eyes have glazed over, and I have YET to find ANY version of HB-2797 that states a CHL cannot carry on any sort of public school grounds/buildings. Anyone else have a DIRECT link to said version?

    I REALLY want to know.
     
  9. DoubleTapDrew

    DoubleTapDrew Oregon Well-Known Member

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    OFF's response:
    Oregon Firearms Federation