New Law Lets Police Confiscate Guns “Without Due Process” If Someone Reports You

Friday, August 18, 2017
By Paul Martin

Critics of the new law argue that it takes away an individual’s right to due process, by confiscating his or her guns based on a single complaint.

By Rachel Blevins
August 18, 2017

A new law in Oregon could lead to residents having all of their guns confiscated based on a single complaint, raising concerns about the possibility of corruption if false complaints are used to strip law-abiding citizens of their right to defend themselves.

Senate Bill 719, which is defined as one that “Creates 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” was signed into law by Democratic Gov. Kate Brown on Wednesday.

The confiscation of an individual’s firearms can be pursued through the filing of an “Extreme Risk Protection Order,” which is submitted to a judge in civil court by a police officer or a concerned family or household member.

“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.”

During the legislative process, Brown expressed her support for the bill, calling it “a common-sense, life-saving bill that will help protect Oregon’s women and children by closing the ‘Boyfriend Loophole,’ preventing convicted stalkers from buying or possessing guns, and keeping guns out of the wrong hands.”

The bill passed in the Oregon State Senate by a vote of 17-11 in May, and in the House by a vote of 31-20 in July, before it reached Brown’s desk in August. Once it goes into effect, if an Extreme Risk Protection Order is granted by a judge, the resident in question could legally lose his or her right to possess or purchase firearms of ammo for one year.

The Rest…HERE

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