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Quit complaining and do something...

Discussion in 'Legal & Political Archive' started by KalamaMark, Dec 23, 2012.

  1. KalamaMark

    KalamaMark Kalama Wa Well-Known Member

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    I see a lot of hand wringing and wondering and fretting and panic buying and wondering what to do.

    Here's my suggestion. Instead of writing or reading the next post...click on one of the links below, find your Congressman and Senator, and let them know how adamantly opposed you are to any infringement of your Second Amendment.

    These folks are public opinion whores. Let YOUR VOICE be heard. Take a minute, find the tool that represents YOU, and let them know what YOU think.

    U.S. Senate: Senators Home

    Find Your Representative · House.gov

    It takes just a couple minutes, can't hurt anything, might help, and there's nothing to look at here besides overpriced AR's anyway.
     
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  2. DieselScout

    DieselScout S Clackamas County Well-Known Member

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    I agree 100%. Changed my signature last week!
     
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  3. nforest

    nforest Eugene, OR & Costa Rica Active Member

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    spent a good portion of the day writing letters:thumbup:
     
  4. JimmyD

    JimmyD Salem,Or Member

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    Perfectly said!!!
     
  5. Hrethgir

    Hrethgir Beaverton, OR Active Member

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    Thanks for the links! Definitely will make a much bigger difference to talk to them than everyone here!
     
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  6. SturgeonSlayer

    SturgeonSlayer St.Helens Active Member

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    I just shot letters off two all three.
     
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  7. CounterOfBeans

    CounterOfBeans northwest Active Member

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    I’d like to chip in with some State provisions that might be helpful with everyone's letter writing. They’re useful because if the words of these provisions are cited back at the Legislators’ who created them, they cannot dodge the responsibility of addressing the grievances their constituents are making? I’ll cite the laws first and make my suggestions on how they can be used at the end. If it’s easier to read the suggestions for context first, then by all means feel free.

    #1
    Oregon Constitution, Article 1, "Section 26. Assemblages of people; instruction of representatives; application to legislature. No law shall be passed restraining any of the inhabitants of the State from assembling together in a peaceable manner to consult for their common good; nor from instructing their Representatives; nor from applying to the Legislature for redress of greviances [sic].—"

    #2
    Oregon Constitution, Article 1, "Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]"

    #3
    ORS "181.400 Interference with personal and property rights of others. No member of the state police shall in any way interfere with the rights or property of any person, except for the prevention of crime, or the capture or arrest of persons committing crimes."

    #4
    ORS "181.030
    Powers and duties of department and its members. (3) Each member of the state police has the same general powers and authority as those conferred by law upon sheriffs, police officers, constables and peace officers. A member of the state police may be appointed as a deputy medical examiner."

    #5
    ORS "174.030 Construction favoring natural right to prevail. Where a statute is equally susceptible of two interpretations, one in favor of natural right and the other against it, the former is to prevail."

    #6
    Oregon Constitution, Article 1, "Section 22. Suspension of operation of laws. The operation of the laws shall never be suspended, except by the Authority of the Legislative Assembly."

    #7
    Oregon Constitution, Article 1, "Section 21. Ex-post facto laws; laws impairing contracts; laws depending on authorization in order to take effect; laws submitted to electors. No ex-post facto law, or law impairing the obligation of contracts shall ever be passed, nor shall any law be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution; provided, that laws locating the Capitol of the State, locating County Seats, and submitting town, and corporate acts, and other local, and Special laws may take effect, or not, upon a vote of the electors interested.—"

    #8
    ORS "183.310 Definitions for chapter. As used in this chapter:
    (5) “License” includes the whole or part of any agency permit, certificate, approval, registration or similar form of permission required by law to pursue any commercial activity, trade, occupation or profession."

    #9
    ORS "166.291. (1) The sheriff of a county, upon a person’s application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person: ....."

    #10
    ORS "166.292
    Procedure for issuing; form of license; duration. (1) If the application for the license is approved, the sheriff shall issue and mail or otherwise deliver to the applicant at the address shown on the application, within 45 days of the application, a wallet sized license bearing the photograph of the licensee. The license must be signed by the licensee and carried whenever the licensee carries a concealed handgun. ...."

    #11
    ORS 166.210 Definitions. As used in ORS 166.250 to 166.270, 166.291 to 166.295 and 166.410 to 166.470:
    (1) “Antique firearm” means:
    (a) Any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898; and
    (b) Any replica of any firearm described in paragraph (a) of this subsection if the replica:
    (A) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
    (B) Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.
    (2) “Corrections officer” has the meaning given that term in ORS 181.610.
    (3) “Firearm” means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder.
    (4) “Firearms silencer” means any device for silencing, muffling or diminishing the report of a firearm.
    (5) “Handgun” means any pistol or revolver using a fixed cartridge containing a propellant charge, primer and projectile, and designed to be aimed or fired otherwise than from the shoulder.
    (6) “Machine gun” means a weapon of any description by whatever name known, loaded or unloaded, which is designed or modified to allow two or more shots to be fired by a single pressure on the trigger device.
    (7) “Minor” means a person under 18 years of age.
    (8) “Offense” has the meaning given that term in ORS 161.505.
    (9) “Parole and probation officer” has the meaning given that term in ORS 181.610.
    (10) “Peace officer” has the meaning given that term in ORS 133.005.
    (11) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle if the weapon has an overall length of less than 26 inches.
    (12) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if the weapon has an overall length of less than 26 inches. [Amended by 1977 c.769 §1; 1979 c.779 §3; 1989 c.839 §1; 1993 c.735 §14; 1995 c.670 §3; 1999 c.1040 §2; 2001 c.666 §§32,44; 2003 c.614 §7; 2007 c.368 §1; 2009 c.610 §4]



    So, based on what you see above:

    ....We have the "right" to instruct our legislators & the "right" to petition them for redress of our grievances (See #1), those grievances being that:

    ....We have the "right" to "bear arms for the defense of ourselves” (See #2) and neither the Oregon or federal Constitutions impose conditions on that right, yet those rights are being interfered with.

    ....We have the "right" to contract with others and sales transactions are contracts, yet our right to contract through purchase of handguns is being interfered with through CHL "policies". Here's how. We generally buy things because we expect to be able to use them as we see fit for our needs. Otherwise, we don't buy them? A handgun is a primary tool for close quarter defense and when we enter a purchase transaction contract to acquire one (we get a bill of sale), it’s for the purpose of "bearing" it for self-defense, as a matter of “right”. As a result, a fundamental, inseparable ingredient of a handgun purchase contract is the legal presumption and common understanding that it will be rightfully used for self defense. So to impair the “right”... is to impair the purchase contract’s agreement between the parties (buyer & seller). Since “No law shall impair the obligation of contracts nor be made to depend on any authority except as authorized by the Constitution (See #7), laws or policies that impose conditions on the method that a handgun is carried is a violation of the “right” to contract, as expressed through handgun sale contracts.

    ….that our gun rights are being interfered with in spite of the Legislature's intent to favor arguments in support of rights during disagreements over the interpretation of laws pertaining to rights(See #5).

    …. that our gun rights are being interfered with in spite of the Legislature's intent to prohibit the State police (who have the same general powers and authority as other LEOs - See #4) from interfering with “rights” or property in any way, except for when they need to prevent crime in the line of duty (See #3).

    ….The word “license” is defined in the Oregon Revised Statutes (ORS) under the Administrative Procedures Act (in Oregon that is chapter 183). The Administrative Procedures Act controls how executive branch agencies carry out their duties of carrying out the legislative intent of the law, by "administering" or enforcing the law. The legislative intent of the lawful definition of “license” (See #8) is that “license” only applies to activities of a “commercial” nature. The exercise of “rights” is not “commercial” in nature. It is natural, fundamental and unalienable in nature.

    ….Oregon’s concealed carry license laws are ORS 166.291 through 166.295 (See #9). The definitions section that applies to these laws is at ORS 166.210 (See #11). If there was a definition of “license” that the Legislature intended to be specific to concealed carry laws and different from the definition at ORS 183.310(5), it would be included in 166.210. But, since this definitions section does not provide a definition of “license”, the definition in the Administrative Procedures Act at 183.310(5) applies by default…. i.e. “license” only applies to “commercial” purposes… i.e. armored truck personnel, private security firms & employees, private detectives, body guards, etc.

    ….If the effect of concealed carry “policies” is to claim lawfulness, but in reality fail to carry out and oppose the plainly-worded legislative intent of what the law(s) actually say, then “policies” function only to “suppress” the operation of what the Legislature actually intended for the law…. i.e. concealed carry “policies” suppress or oppose concealed carry “laws” (See #6). To systemically use "policy" to suppress the legislative intent of the "law" is to make Legislators (the agents for the will of the People) irrelevant. If Legislators are made irrelevant by the actions of another branch, then the People’s will has no effect and we cease to have the form of government guaranteed by US Constitution, Article 4, Section 4, See #12 below:

    #12
    US Constitution Article 4, Section 4. Guaranty of republican form of government; protecting states against invasion or domestic violence. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

    We either have rights or we pretend to have rights.
     
  8. blankman

    blankman vancouver wa Active Member

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    KalamaMark I had not seen your post when I created mine, But I agree 100%. Im not so computer savy to add links. Had to look them up. Just wanted to say keep it up and thanks for your 2A support BM.
     
  9. eldbillbo

    eldbillbo clackamas New world samurai and a redneck none the less Bronze Supporter

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    Right on! if you got to vent, vent in the right direction. Preaching to the Choir does very little.

    Also to support the NRA right now even if your not always happy with them.
     
  10. Blue Devil PA

    Blue Devil PA Boise Active Member

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    Thanks for reminding me that writing our elected officials is way more important than most things on this site right now.
     
  11. majorsmackdown

    majorsmackdown Clark County Active Member

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    My letter - for example..

    What is your stance on gun violence ? Mine is that we should enforce the laws that we have and punish criminals to the fullest extent of the law. NOT PUNISH LAW BIDING CITIZENS ! We should secure the schools with a reasonable response to any physical threat. I can't take my lawfully carried firearm to school to protect my kids or anyone else's kids. But.. the nuts and criminally insane don't seem to be affected by the law. Wow - what a concept !! Please take measures that are MEANINGFUL and provide security in the classroom. I'm all for arming every fit for duty teacher but.. numerous methodologies short of arming teachers with firearms can give the children a fighting chance. High volume tear gas/pepper gas canisters in a secure box that all staff have a key for.. and tasers.. far better to have any response than to wait your turn to be executed !! Please never let this happen to more kids..
     
  12. Modeler

    Modeler Molalla, Oregon Soccer Fan

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    Thanks for the encouragement Mark.

    For my part, I plan on running for a leadership spot in the Gun Owners Caucus of the Democratic Party of Oregon at the March meeting and trying to influence legislators and the party from the "inside". Democrats are the ones in power and they're the ones that need convincing.