The state of Oregon is largely run by Communists and Communist
sympathizers. In one of the latest bills, the state claims to give the
right (unlawfully) to a judge to strip law abiding citizens of their
arms and concealed handgun licenses based on the judge's own
determination without any criminal conviction.
According to
SB719,
which was co-sponsored by Senator Bian Boquist (R-Dallas), a judge can
issue an ex parte ruling in order to confiscate a citizen's guns.
The legislation, which has
passed both the House and the Senate, now heads to the Governor Kate Brown's desk for her signature.
The bill
alleges
to create "process for obtaining extreme risk protection order
prohibiting person from possessing deadly weapon when court finds that
person presents risk in near future, including imminent risk, of suicide
or causing injury to another person."
However, under the US Constitution, the
rights of the people are not to be infringed under the Second Amendment. Additionally, the Fifth Amendment is to provide the following protections:
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a
Grand Jury, except in cases arising in the land or naval forces, or in
the Militia, when in actual service in time of War or public danger; nor
shall any person be subject for the same offence to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life, liberty,
or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Where is due process in this matter if a single judge determines a
person to be suicidal or a threat to someone else? It is simply
arbitrary at the point.
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.
Again, this is not to obtain evidence to be used in a criminal trial
via a warrant. This is a court order to deprive individuals of their
right to keep and bear arms without due process of law.
This requirement of surrendering weapons immediately without due process of law is nothing more than confiscation.
Yet, Senator Boquist has the audacity to
claim, "Everyone wants to promote this as a gun bill. It’s not.”
It most certainly is Senator, and you know it. That's why it
mentions "deadly weapons" and "concealed handgun license." If it looks
like a duck and walks like a duck, it's a duck, but in this case, it's a
gun confiscation bill.
The National Rifle Institute for Legislative Action opposed the legislation
saying,
"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."
By allowing a law enforcement officer, family member, or
household member to seek the ERPO, SB 719A 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," the
NRA-ILA wrote. "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 719A is unnecessary and goes far beyond existing law."
http://freedomoutpost.com/oregon-passes-law-to-allow-judge-to-order-gun-confiscation-from-law-abiding-citizens/
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