Kate Brown has announced the first of what we are sure will be an epidemic of anti-gun bills for 2017.
This proposed legislation mimics, and adds to, the concept behind HB 4147 from the 2016 session. A draft of the new bill can be seen here.
Currently Oregon law contains a safeguard, similar to Federal law, which simply says if the agency responsible for conducting background checks on firearms purchases is unable, or refuses, to complete a background check within a certain time frame, the buyer or "transferee" of the firearm may still legally take possession of the gun. In Oregon, background checks are conducted by the state police, often very badly.
The law does not require that gun dealers complete the transfer, it simply allows them to.
What the Governor is proposing is to eliminate that safeguard. She and other anti-gun Democrats are calling it a "loophole." Not a day goes by that we do not hear from someone who is being delayed on a firearms purchase for no reason. Often these are people who have successfully completed transfers in the recent past. Many times they are people with valid concealed handgun licenses.
There is NO limit on how long the Oregon State Police can take to complete a check. There are people who have waited two years. If the State Police claim they need information from another state, and that state simply refuses to cooperate, a perfectly qualified person can be "delayed" on a purchase forever.
As you know, thanks to the passage of the Democrat's SB 941 in 2015, virtually all private transfers are now illegal. As a result, this proposed legislation could become a de facto ban on gun purchases for anyone who the Oregon State Police simply say they cannot find enough information on.
The current system is a complete failure. You are required to ask the OSP for permission to exercise a right. If, through bureaucratic bungling or simple foot dragging, the OSP says it cannot complete your "permission slip" you are simply out of luck.
Imagine the impact this could have on a person attempting to obtain her first gun for self defense while facing a known threat.
She knows the state and the police cannot protect her and now she is being told she cannot protect herself.
We were able to defeat this dangerous legislation in 2016 when anti-gun extremist, Jennifer Williamson introduced it. Now it's back, no doubt the first of many. To express your concerns about this new and senseless attack on your rights and safety, please contact Heidi Moawad in the Governor's office.
Talking points you may want to consider in your communication.
The rule that allows, but does not require, the transfer of a firearm after 3 business days have elapsed is not a "loophole" it is a safeguard.
The proposed legislation has absolutely no protections for persons unjustly denied a firearms purchase.
The proposed legislation places many people, especially women, in grave danger by potentially eliminating their ability to obtain a firearm for protection of themselves and their family.
The proposed legislation has no provisions for dealing with other states that do not cooperate with OSP's records requests.
The proposed legislation contains no appeals process or other mechanism for persons to challenge unjust delays, which could, under this legislation, become de facto denials.
The Oregon State Police already have a terrible track record of conducting these checks and an equally bad record of responding to persons who have been delayed without cause.
The next wave of anti-gun legislation is on its way. This is the first announced proposal. Please make your voice heard and be prepared to do it again and again. And remember, while the Republicans are in the minority, the Democrats love one thing more than they hate gun owners, and that's money. But they cannot raise taxes without some Republicans agreeing. The Republican minority has the power to block any tax bill and can, and should, use that leverage to tell the Democrats NO MORE GUN CONTROL. It's going to be a rocky year. Stay involved.
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