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SB 1551 Is getting amended and OFF confirms it will not stay idle for long.

Discussion in 'Legal & Political Archive' started by 1337BaldEagle, Mar 5, 2014.

  1. 1337BaldEagle

    1337BaldEagle Earth Active Member

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    Oregon Firearms Federation
    The Rumors Were True.

    The Senate Democrats are trying to gut and stuff SB 1551.

    They have introduced 32 pages of amendments to the bill!

    The amendment appears to have provisions for denying guns to people with "mental disorders" which, as we noted earlier, we can find no definition for.

    It also has provisions for notifying the police if a person fails a background check.

    That part would make perfect sense if the person was a criminal, but all too often denials are mistakes by the OSP. If they can't get that right then having the cops show up at your house because OSP screwed up could get real ugly.

    We have not had time to analyze the lengthy amendment but clearly they are going to try to move SOMETHING. Keep an eye out.



    Time to email, call, and visit the capital again.


    Eagle
     
    GOG and (deleted member) like this.
  2. Dunke

    Dunke Rogue Valley Bronze Supporter Bronze Supporter

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    Could not find this on OFF site. Do you have a link?

    Thanks
     
  3. 1337BaldEagle

    1337BaldEagle Earth Active Member

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    It was posted via their Facebook so here.
     
  4. pokerace

    pokerace Newberg Well-Known Member

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    ttt
     
  5. 1337BaldEagle

    1337BaldEagle Earth Active Member

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    The twists and turns of SB 1551 are continuing.

    The bill started life as an attempt by Floyd Prosanzki and other anti-rights legislators to create a universal gun registration scheme in Oregon of the type being used in other states to confiscate guns from people whose only crime was owning Constitutionally-protected firearms.

    If passed, SB 1551 would prohibit you from giving or loaning a gun to your best friend, or even your girlfriend.

    Although Prozanski denied that the bill would have that effect, his own attorneys said it was true.

    Because of the tireless efforts of gun owners, the bill stalled in the Senate Judiciary Committee. It was sent to the Senate Rules Committee because that committee stays open after others have closed.

    This was an effort to keep the bill alive long enough for the sponsors to twist arms or figure out some other way to get it passed. When it looked like they had no hope, Prozanski proposed to “gut and stuff” the bill with entirely new and unrelated language. His new proposed language can be seen here.

    The new language has nothing to do with the original bill, but because the original version had a public hearing, the new bill can be moved with no public input at all. In this way the legislature can pass bills without your having any opportunity to testify for or against the bill. That’s how things are done in Salem.

    So what would the new bill do?

    The universal background checks and registration that the proponents claimed were essential are gone. In their place, new restrictions have been added to prohibit persons with “mental disorders” who have been ordered by the court to submit to “outpatient” treatment from purchasing or possessing firearms.

    Oregon law already allows the court to prohibit persons with “mental illness” from having or buying firearms. (ORS 426.130), so what does this expansion to “mental disorders” mean?

    According to Legislative Counsel, the lawyers for the legislature, “mental disorder” is not defined.

    In ORS 426.005 a person with a “mental illness” is defined as:

    “a person who, because of a mental disorder, is one or more of the following:

    (A) Dangerous to self or others.

    (B) Unable to provide for basic personal needs and is not receiving such care as is necessary for health or safety….

    ORS 146.133 says a person may be compelled to undergo “assisted outpatient treatment” (i.e. FORCED outpatient treatment) if the person has a “mental disorder.” But nowhere is the term defined.

    Do you have a “mental disorder” because you’ve been depressed? Anxious? Have PTSD? Or do you suffer from clinical paranoia simply because you are a gun owner?

    This guy thinks so. So does this guy. And these folks, and these and these and these.

    The people in Connecticut were called “paranoid” (a “mental disorder”) and now they are facing felony charges for owning modern rifles.

    It’s important to note that all this new language does is create another class of prohibited persons and add more names to the Federal databanks.

    It further stigmatizes people who may actually need and want help.

    It does not provide a dime of assistance to those in need of mental health treatment.

    The amendment also requires that Sheriffs and local police be informed if a prohibited person attempts to buy a gun. That is, no doubt, a reaction to our pointing out how rarely anything is actually done about people who try to buy guns when they are prohibited. And it’s fine idea if safeguards are included to protect people who are denied as a result of mistakes made by the state police, an all-too-common occurrence.

    We have been informed that more amendments are coming, and there may even be a brand new bill. That bill may come from Republicans and deal only with contacting police when a prohibited person attempts a purchase. We still believe that safeguards must be attached to any bill that does this.

    It makes no sense to act on complicated legislation like this in the last hours of the session, when tempers are flaring and everyone wants to go home. But for some legislators, pride and a desire for revenge are more important than thoughtful legislation.

    Please let your legislators know you oppose any 11th-hour attempts to ram through poorly crafted legislation. You can find your Oregon legislators by using the “Find My Legislators” tab on this page. They will be the ones listed under “Senate” and “House” after you provide your address.

    Thanks for keeping the heat on.
     
    Last edited: Mar 7, 2014
  6. captqc

    captqc Tigard Silver Supporter Silver Supporter

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    We need to vote these fools out of office in order to stop this insanity!!!!!!!
     
  7. 1337BaldEagle

    1337BaldEagle Earth Active Member

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    Hyperlinks were added if anyone is interested in reading the modified txt or the stories they linked "This guy thinks so. So does this guy. And these folks, and these and these and these."
     
  8. 1337BaldEagle

    1337BaldEagle Earth Active Member

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    I also would like to note that the amended text in reference to the Sheriff being notified if you are a prohibited person: the language states "If the department determines a person is prohibited from possessing a firearm.. the department shall report the attempted transfer and the name" I would like to note that this doesn't say that the Sheriff will be notified if you are denied, but instead only if you are found to be prohibited from owning a firearm. This is not to say that it could be twisted to give justification to prosecute just anyone who is denied.

    The second part I would like to note is that when talking about "mental illness" the bill states "The court may prohibit the person from purchasing or possessing a firearm during the period of assisted outpatient treatment if(if implies that the following requirements be met), in the opinion of the court, there is a reasonable likelihood the person would constitute a danger to self or others or to the community at large as a result of the person's mental or psychological state as demonstrated by past behavior or participation in incidents involving unlawful violence or threats of unlawful violence, or by reason of a single incident of extreme, violent, unlawful conduct. I think this language is interesting. I think it is written with the intent to keep the bill from being abused. It gives requirements, adding the word "extreme" in after the requirement for the court to take that right away for a single incident.

    Regardless, this bill, in regards to the mental issue, doesn't actually change anything. ORS 426.130 already covers the ability to deny one that is in mental care. What this DOES do is "may prohibit the person from purchasing or possessing a firearm during the period of assisted outpatient treatment" it gives a limit to how long your ability to posses a firearm are prohibited. Only as long as you are required to be in "outpatient treatment." Meaning this could be less daming than ORS 426.130.

    Just my 2 bits.
     
    Last edited: Mar 7, 2014
  9. GOG

    GOG State of Jefferson Well-Known Member

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    How about just NO!

    Enough.
     
  10. Chee-to

    Chee-to Oregon Well-Known Member

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    Senator Jeff Kruse
    R-Roseburg, District 1

    Phone: 503-986-1701 900 Court St. NE, S-315 Salem Oregon 97301
    Email: sen.jeffkruse@state.or.us Website: Senator Jeff Kruse Home Page


    MARCH 7, 2014






    Assuming no unforeseen meltdowns this should be the last day of this Session. Many bills, including the background check bill (SB1551) will now be dead. Part of the reason is the timeline of the Session in the Constitution. Even without an agreement to adjourn the Session would end at midnight Sunday. That means there is no way a bill could make it clear through the process in both Chambers without rule suspension, and we will not give it at this point on anything but the budget bills. The budget bills passed out of the Ways and Means Committee late last night. I cannot comment on them, because I have not seen them. Actually the committee didn’t get to see them until shortly before the hearing. We know they will pass because all one has to do is remember there is one party control currently in Oregon. At a future date I will write about the failures in this part of the process, but I want to focus at this point on another issue.
     
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  11. GrpCapMandrake

    GrpCapMandrake Vancouver Active Member

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    Got that newsletter this morning as well. I hope he is right.
     
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  12. tiggers97

    tiggers97 United States Well-Known Member

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    Ive really enjoyed receiving Sen. Jeff Kruse email updates. Much more informative than any of the other Senators/Reps (including my own). I grew up in the district he represents, so I'm also glad to see it in good hands.
     
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  13. pokerace

    pokerace Newberg Well-Known Member

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    Be sure and tell him thanks once in awhile.
     
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  14. DieselScout

    DieselScout S Clackamas County Well-Known Member

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    Just got an update from OFF. Session officially adjourned with this going no where.
     
  15. GOG

    GOG State of Jefferson Well-Known Member

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    This is the email from OFF:

    03.07.14

    The 2014 Oregon Legislature has adjourned. In spite of a flurry of last minute maneuvers the anti-rights crowd failed to pass their gun registration scheme, or anything else.

    There is one, and only one, reason for that. You. In a story in today's Oregonian, OFF members were singled out as the driving force behind the activism that killed SB 1551, Prozanski's gun registration bill.

    You have much to be proud of. Not only did you kill that very dangerous bill, but your efforts helped us pass two pro-gun bills.

    We'll have more to say about the session in the coming days, but for now, take a moment to pat yourself on the back. You did it...again.
     
  16. 44mag2ndamend

    44mag2ndamend Round the ole tree stump, Down by the crick Well-Known Member

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    Lets here it for OFF!

    I am a firm believer of their stance.
     
  17. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    Let's not forget that there are elections this fall. Like it or not, politics are at the root of our freedoms. Let's keep engaged.
     
  18. Meridian7750

    Meridian7750 Portland Area Well-Known Member

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    I am extremely impressed with the efforts made by OFF. They tirelessly dogged this issue, kept us informed, rallied the troops, and MADE A DIFFERENCE!
    They supported us. I am going to support them. A check is going out in the morning...anyone care to join me?
    Great job, OFF!
    And for the record, I have no affiliation, am not a member nor sponsored endorser.
    What I am is a legal, 2A believing citizen who realizes that our rights, though firmly ensconced in the Constitution, are fragile and under relentless attack. Well, Molon Labe!
     
  19. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    Send them money. I do.
     
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  20. Steve M

    Steve M Beaverton, OR Well-Known Member

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    Don't forget you can donate $100 to OFF PAC at no cost to yourself. My wife and I contributed $200 for 2013 and I plan to do the same for 2014 and every year after that.