Oregon Governor Signs Gun Confiscation Bill Into Law-Truth! & Misleading!

Summary of eRumor:

Oregon Governor Kate Brown signed a bill into law in August 2017 that allows authorities to confiscate guns from certain individuals without prior notice or hearing.

The Truth:

It’s true that those who believe a family member is risk to themselves or someone else will be able to petition the court for an “extreme risk protection order” that temporarily strips them of gun rights — but main parts of the so-called Oregon gun confiscation bill have been misrepresented.

Oregon Gov. Kate Brown signed Senate Bill 719 into law on August 16, 2017, and the law took effect on August 23. The bill, which is modeled after similar measures in Washington and California, enables ” a family or household member” to petition the court for an extreme risk protection order that can revoke a person’s right to own guns and ammunition for up to a year.

The petitioner has to provide evidence that an individual attempted suicide within the last 180 days, or that they had been convicted on offenses like domestic abuse, drunken driving, stalking, and animal abuse, among others. The bill outlines conditions that have to be met for a judge to issue an extreme risk protection order :

The court shall issue an extreme risk protection order if the court finds by clear and convincing evidence, based on the petition and supporting documentation and after considering a statement by the respondent, if provided, that the respondent presents a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person. The court may not include in the findings any mental health diagnosis or any connection between the risk presented by the respondent and mental illness.

Once an order is issued and notice is served, the respondent has 30 days to appeal the decision. If an appeal is filed, a hearing has to be scheduled within 21 days for the respondent to make a case. If there’s no appeal, or if the appeal is denied, the order is enforced, and law enforcers have the authority to search and seize weapons and ammunition.

Gun rights groups reported on the bill extensively, some calling it the Oregon gun confiscation bill. While many of these reports accurately summarized Senate Bill 719, others misrepresented key parts of it. One site, Silence is Consent, published a report that was shared nearly 150,000 times on social media within days. The report claimed that bill violated 14th Amendment due process rights, a claim that’s false:

It’s also a direct violation of the 14th amendment, which gives United States citizens the right to a formal hearing before their property is seized:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The 14th amendment of the United States Constitution specifically condemns this new Oregon law, as it does not give citizens the due process of law before having their second amendment stripped out from underneath them.
That’s incorrect because the extreme risk protection order process does give people a right to hearings. First, petitioners have to sign an affidavit and present evidence to a judge in order to secure a ruling. Second, the respondent has the ability to appeal a judge’s decision and provide evidence of his or her own.
Given all that, we’re calling claims about the so-called Oregon gun confiscation law true, but also misleading.

A real example of the eRumor as it has appeared on the Internet:

Collected on: 08/25/2017
oregon gun confiscation
Claims about an Oregon gun confiscation law are both true and misleading.