One of the most pernicious laws that go against every ideal of due process has been passed by both the House and the Senate of Oregon. Under the new law, the police are allowed to seize all your firearms and your permits without you ever having been in front of a court.
SB719 is based on a Californian law and is known as the “Extreme Risk Protection Order” (ERPO) . If a family member, a member of your household, or a police officer think that you may be a danger, they can apply to the court to have your guns and permits removed from you. This means that the first the gun owner might hear of this is when a police officer comes to the door and demands the hand over of all weapons. Will they be allowed to search the home? Will they demand access to the safe? This flies in the face of due process. The victim need never even be informed of the legal action being taken against them!
Never in the history of the United States has it been legal to “confiscate” legally owned property without due process, it is a tyranny of the highest level and should be opposed at all costs.
The Law claims to be for the protection of people who might commit suicide, but it does nothing at all to address this. If someone wants to kill themselves, there are plenty of high buildings, pills and razor blades around. This does nothing but target legal gun owners. Under this law, if someone is in the process of separating from their husband or wife and are not yet divorced, they can call upon the court to have both weapons and permits removed.
It is ridiculous and against the Constitution. It is nothing but a ploy to remove guns from innocent people. This law will be abused. And they will come for the Conservatives first.
Oregon lawmakers passed legislation co-sponsored by Sen. Brian Boquist (R-Dallas) that allows a judge to issue an ex parte ruling for the confiscation of an individual’s firearms.
The bill is SB 719, and it has now passed Oregon’s House and Senate. It creates an Extreme Risk Protection Order, which forces the subject of the order to hand over all firearms, as well as his concealed carry permit if he possesses one.
Why is this extremely troubling?
well as his concealed carry permit if he possesses one.
Based on a California law enacted in 2014, SB 719A would create a so-called “Extreme Risk Protection Order” (ERPO) that could be obtained by a law enforcement officer, family member, or household member in an ex parte hearing to deprive someone of their Second Amendment rights without due process of the law.
The ex parte aspect of the law means the bill does not require the gun owner to be present for part of the hearing in which the judge decides whether guns should be taken from him.
So this means the government or a family member can decide to allege things make a ruling against you and you aren’t even given the opportunity to defend yourself or protect your rights.
This flies in the very face of the Consitution and the purpose of the Second Amendment, which was to insure that the government could never take away your right without Constitutional due process.
Boquist claims this isn’t confiscation, but check out the language of the bill:
Requires court to order respondent to surrender deadly weapons and concealed handgun license within 24 hours of service of initial order, and immediately upon service of continued or renewed order. Provides for law enforcement officer serving order to request immediate surrender of deadly weapons and concealed handgun license and authorizes law enforcement officer to take possession of surrendered items
As Breitbart’s Awr Hawkins notes, if that is not confiscation, what is?