On Friday, “Oregon Governor Kate Brown signed into law a bill establishing circumstances under which citizens of that state could be forced to surrender their firearms to government agents,” thenewamerican.com reports. According to the bill’s language . . .

A law enforcement officer or a family or household member of a person may file a petition requesting that the court issue an extreme risk protection order enjoining the person from having in the person’s custody or control, owning, purchasing, possessing or receiving, or attempting to purchase or receive, a deadly weapon.

To secure an Extreme Risk Protection Order the petitioner need only satisfy a judge that a decree’s needed. The resulting ERPO authorizes the police to search and seize any weapons and ammunition “not voluntarily surrendered to the appropriate government entity (or its authorized agents) within 30 days.”

The ERPO hearing is held ex parte; the accused is not present to defend themselves. Even without considering the Second Amendment protected right to keep and bear arms, the ERPO violates the accused’s Sixth Amendment protected right to a fair trial.

Worth noting: no judge is going to be “that guy” — the judge who denied an ERPO and let a mentally ill person shoot themselves or others. The chances that a judge will deny a request for an ERPO are somewhere between slim and none (and Slim just left town).

For all intents and purposes, the accused is guilty until proven innocent.

The fact that a police officer — any police officer — can petition the court for an ERPO is equally worrying. When the state can take away your gun rights, and guns, based on the uncontested testimony of a representative of the state, we’re heading into dangerous waters.

If and when the Supreme Court has another conservative judge sitting on the bench, the nation’s highest court can strike down this and similar desecrations of America’s most important legal protections. Until then, Oregonians will have to trust that Governor Brown and her fellow disarmists don’t abuse a law that’s inherently abusive. Good luck with that.

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62 COMMENTS

    • I actually thought you said “living in Poland now sucks even more” and thought is it 1936 already?

      But the similarities are quite striking

      • Oregon 2017 vs Germany 1936- Growing public push for medical euthanasia, growing push for total government control by the democratic socialist in the name of “The Workers”. not to mention literal gun confiscation.

        They say history rarely repeats but if often rhymes. I hate to say it, but if you’re a freedom loving American, you may have no choice but to GTFO

    • How exactly do these laws get passed. When the states ratified the Constitution, they agreed to uphold that document as the supreme law of the land. So why are states and cities allowed to pass these laws. All of the hard work that the founders did is disintegrating right before our eyes.

  3. “Oregon Governor Kate Brown signed into law a bill establishing circumstances under which citizens of that state could be forced to surrender their firearms to government agents,”

    Pffftp.

    There’s *nothing* to worry about, the government would *never* abuse their authority to confiscate someone’s evil, scary guns.

    “If and when the Supreme Court has another conservative judge sitting on the bench, the nation’s highest court can strike down these blatant desecrations of America’s most important legal protections.”

    Only as long as SCOTUS is in conservative hands.

    You can bet your ass the Libs will reverse Heller, et all, the same way the Dred Scott decision was cheerfully reversed…

    • They can…but will they? More properly, they could, because that conservative justice doesn’t have a seat yet, and may not actually prove conservative once ensconced. Don’t put any faith in the court. They could, but they probably wouldn’t.

      • “They can…but will they?”

        Their dream of North Korea-type ‘gun control’ is a founding plank of Leftists dogma.

        They would react with the same horror devout Christians would if you ask them if they would ever turn atheist.

        Not.gonna be happening, no way, no how, *ever*…

  4. Sounds like Money making time!

    Get a buddy cop to sign one on ya…then let them do the illegal search and seizure

    Then sue for millions…split the money later!

    • Yeah, just make sure you only have a saturday-night special or two for them to confiscate…. don’t give up the good stuff.

      I agree, though, first time an “innocent” is nailed with this, NRA-ILA and others had better be there to get this ruled unconstitutional.

    • YES, I love Wa. I go to Seattle a couple times a year as my sister lives on BAMBRIDGE iSLAND (20 MINUTE FERRY RIDE,WHICH IS BEAUTIFAL) AND MY PARENTS LIVE ON oRCAS ISLAND (yOU NEED A PLANE OR A BOAT) TO LIVE ON THIS REMOTE ISLAND.i AM LIVING IN mN. i GOT A uTAH CARRY PERMIT WHICH GIVES ME THE STATE OF Wa. and all of the San Juan islands. There are no mag limits, or any foolish rules. You just can not buy a gun or ammo in city limits as an extra hefty tax is imposed. As for the law in oregon-it could apply anywhere. It would have to be reviewed by a judge. just like a restraint order. you can fight those. you would like to think you could fight this law. The only problem is you would have to be rich to get the right lawyer.

    • Makes it illegal! See now? Someday we’ll just make murder illegal, and we can forget these other silly laws.

  6. Please check with your local authorities to see if the Second Amendment is legal in your area.

  7. I would also add that, these type of laws also violate a person’s due process, much like the ‘no fly, no buy’ that gets trotted out.

  8. Nanny State,so one may think deadly weapons may include vehicles,and gas cans,not to mention chain saws. GMB

  9. But don’t say they don’t support the second amendment ya’ll!

    Wow, this was totally unexpected. /sarc off

  11. This is getting old. My mom lives in Portland, in her neighborhood the police no longer respond to “shots fired” and will only roll out if any people have extra holes. Instead of new nonsensical crap how about enforcing existing law.

  12. You all need to read the law to realize that it is pointless. You have 30 days to turn in your guns and ammo. The court has 21 days to respond to an appeal. What exactly is this law trying to accomplish exactly?

      • I moved me, my family, and my business out of Oregon. I have never regretted it. Good timing, though. I read recently about how people who would not swear loyalty to leftist causes were pulled from their cars and beat to an inch of their life while Portland Police were ordered to stand down. I grew up there. It used to be a place that valued individualism and freedom. The California cancer has destroyed everything it once was.

        • Glad someone else noticed. PRC of Kaliforia Has given the state over to every sort of wild-eyed leftist, only problem is, most can’t afford the taxes to pay for the resultant utopia. What to do? well just move over a state or two, get your loud vocal buddies to organize and vote in some crazy leftest politicians in your new state. Need a few votes? Mean ol’ conservative natives won’t go for it? No problem, just send out flyers in obvious areas and dilute those ol’ natives with a few million lovely new illegals. Voila! New utopia ! Oh crap the taxes just went up so much, and with Obamacare, looks like we’ll have to move over one more state and do it again. They never fathom the connection. Spreading like a plague of locusts across the midwest.

  14. Two years ago, gun laws in Oregon were pretty darn good. CHL holders can even legally carry their firearms into schools, and there’s a state preemption, so towns and cities and school districts can’t ban it. No mag limits, no gun registration, no silly AWB, no waiting period, no limits, etc.

    Then, they passed private background checks under an emergency clause (no time for it to go to the voters), and then this stupid law, which will not help anyone, but only make it worse. After all, now they are giving a warning to people.

    Now people that are struggling will not reach out for help, bottle it up inside, and never get help. I can’t believe how liberals can’t see that. Not to mention, this law does not provide any help to those who are subject to it! Crazy.

    So glad that I am leaving this state for Idaho. I just wish Idaho allowed CHL holders to carry legally inside schools. Guns are allowed but must stay in the car. Everything else, gun law-wise, is an upgrade compared to Oregon.

  16. I’m sure no chance for a angry spouse, sibling, significant other, or activist judge would EVER try to abuse the system. Also, Can’t have that pesky 1st amendment allowing “Hate Speech” either! Who defines hate speech, why the government of course! And that 4th amendment! Just think how much safer we all would be if the police did not need a search warrant to bust down a door and confiscate evil guns from criminals. Relax, the police will make sure they won’t abuse this new power. They will police themselves. It’s for your safety.

    • NO! NO! DON’T worry! Soon Local, City , and State Police will be able to issue “THEIR” own search warrants! Who needs stinking courts!–just ask the Salt lake city, UT. Nurse that got “Brutalized by the Thin Blue line!” Trust US ! The PO PO–I just don’t believe that slang engenders support for so called Guardian’s to ” Protect and to Serve…Or to uphold their oaths to the US Constitutional-Bill of Rights…..”

  17. So… Mama knows Johnny is depressed about losing his job and she believes he might hurt someone at his old workplace. A judge reads Mama’s complaint but since the new law provides no mandate for Johnny to “receive help or … to be taken into custody”, the judge sends Johnny a certified letter…

    http://www.guns.com/2017/08/17/oregon-governor-signs-gun-confiscation-bill-into-law/

    I don’t see how that is actually going to be good for anyone… especially Mama.

    • Mama gets to sell (and keep the proceeds thereof) his entire collection of rifles, pistols, knives, tire Irons, weed whackers, cast iron skillets, and model airplane propellers.
      Oops. it appears that Johhny just went “Temporarily insane”, and stuffed his Mamas favorite perfume bottle down her throat, and wrapped a pillow case around her head!
      Johnny’s baby sister gets the profits, and the proceeds from the lawsuit against the state for creating the situation, city police for not doing a thorough search of the house for “Dangerous weapons”, and stands to inherit the house, cars, and Johny’s hidden stash of “Dangerous weapons”.

  18. As a Washington State resident, I’m theoretically eligible for a “neighbor state” opportunity to get an Oregon non-resident CPL. Most sheriffs wouldn’t endorse them but a few 2A-friendly ones would – they would even attend Washington gun shows to process applications.

    Now that seems to have disappeared – even the 2A supporters have run for cover under this ridiculous political onslaught. The Californification of the coast is frightening.

    So much for visiting The Beaver State.

    • What are you talking about? It’s just as simple to get an Oregon CHL as a Washington resident. Oregon is shall issue.

      Heck, I had no issues getting a Mulnomah CHL. In and out in less than 5 minutes, CHL in the mail in less than a month. This was weeks ago.

      • yeah as long as the Gov. approves of it and doesn’t want to prevent people from legally having a firearm you can get your permit FOR NOW.

      • Oregon is only Shall-Issue for Oregon residents. For Neighboring states they are may-issue. There are certain Sheriffs who treat that as shall-issue (just like there are certain Sheriffs in California…)

        I am a WA resident and I have an OR CHL. I live in a border county and the neighboring Oregon county’s Sheriff is one of the more friendly ones… but even he wants some reason beyond “it is my constitutionally protected right.” I happen to have family in that county, though, so it was an easy ask for me.

    • Same in New England, The People’s Republic of Massachusetts! The NRA, Knife Rights, any Libertarian, Conservative, or Constitutionalist civil rights protection Groups have bailed out of Massachusetts…You only have GOAL. ORG
      …And their only friends to you if your a “well paying member” And their support of “Pro-2A ” is somewhat weak….The Org.has upped itself a little….A little more action , less whining for civil rights….Still a far way off…Unless there’s a Civil War…Though, really ONLY, the local Militarized PD is well armed….The Citizenry has wishful thinking, and “maybe issued privileges..”

  20. Remember, folks: “no one is trying to take away your guns!*”

    *unless a judge rubber stamps an order saying you shouldn’t have any.

  21. Watch the appeal process “loophole” to be updated. The anti-gunners are playing the long game. It’s ok to have your guns…as long as the State approves. It’s ok to keep your guns pending an appeal…for now. For “safety,” that law will be “improved.”

  22. If subjects of this order believed that the 2nd revolution has started at the time that the cops come for their guns pursuant to the order will they resist by shooting the cops? In my opinion this law endangers cops since they will potentially be shot at while confiscating guns. Perhaps the cops will refuse to enforce the law out of fear for their safety.

    • AHHH, Not Likely! Maybe a lot of folks haven’t noticed all the “Trigger-happy ” Police videos all over the news, or YouTube!??! My guess ,they come to meet your challenge! And take “EVERYTHING” for you, and paint you as a lone-wolf crazy, or domestic Terrorist…Not unless you have an army…

  23. The law violates the takings clause of the 5th amendment since they do not provide monetary compensation for the seized property. Adding monetary compensation would help. Adding language that calls for prison time minumum of 5 years for anyone that fraudulently used this mechanism against someone unjustly including a cop or a judge as well as financial restitution to the victim of a fraudulent order.

    • Tell me, when, if ever has the lefty progressive DemoCruds gave a rats rectum about the CONSTITUTION and BILL OF RIGHTS?

  25. This has nothing to do with preventing a physical attack. If that was the purpose then you could have a person committed to see a mental health doctor visit, or 24 hour care in a mental hospital.

    The entire process is just to get your guns. That’s all.

  26. Instead of deporting the criminal illegal aliens to their countries of origin just send them to Oregon. It’ cheaper and the governor will have more ghost voters to vote for her. I know I will never visit or travel through that Socialist State.

  27. We’ve gone to Cannon Beach every year for the last 12 years on vacation. Just called up the lodge owner and cancelled next years reservations and told him it was because of this law. Probably won’t make a difference but in the end, you can only take so many pictures of Haystack Rock.

  28. OK, good, now Jerry can go door to door and confiscate all the firearms that MS-13 and all the other gangs in California have. Just get a judge to sign off.

  29. Commie bitch Brown, also signed into law, giving all illegal aliens age nineteen and under FREE medical and dental. Now what about the tax paying American citizens of OR ? She also signed into law FREE abortions to anyone who wants one, at anytime during the pregnancy .This also includes illegal aliens. The state has 36 counties. Six are leftist commie, centered in Portland, Salem, Lincoln County and Eugene. The other 30 are American. The state needs to be a focus of the RNC to turn it into a light blue state into a Red state. WA and CA are al lost cause.

    • WA is not a lost cause in terms of firearms rights. We fought hard this year and crushed a bunch of anti gun legislation.

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