Oregon: Anti-Gun Bill would Violate Right to Due Process

Today, state Senator Ginny Burdick (D-18) and state Senator Brian Boquist (R-12) introduced Senate Bill 868.  Based on a California law enacted in 2014, SB 868 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.  Please contact your state Senator and urge them to OPPOSE this bill!  Click the “Take Action” button below to contact your state Senator!

By allowing a law enforcement officer, family member, or household member to seek the ERPO, SB 868 would allow people who are not mental health professionals, who may be mistaken, and who may only have minimal contact with the respondent to file a petition with the court and testify on the respondent’s state of mind.  This ex parte order, which strips the accused of their Second Amendment rights, would be issued by a judge based on the brief statement of the petitioner.  The accused would not be afforded the chance to appear in court to defend themselves against the allegations when the ERPO is issued.  These orders may be issued without any allegations of criminal behavior.

In Oregon, people who pose a danger to themselves or others may be dealt with in a number of ways, depending on the circumstances.  Under current law, every punitive measure which leads to a prohibition on firearm possession requires some type of judicial process, so people are not arbitrarily deprived of their liberty or their rights.  SB 868 is unnecessary and goes far beyond existing law.

Once again, please click the “Take Action” button above to contact your state Senator in opposition to SB 868!  Stay tuned to your email inbox and www.nraila.org for further updates on this bill.