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OFF ALERT 07.20.07
A VICTORY
FOR GUN OWNERS AND FOSTER PARENTS. |
In January of 2007, as the last legislative session was getting
underway, the Oregon Firearms Federation heard from several
foster parents who had been informed that their right to own
and use firearms was incompatible with their desire to help
children in need.
Talia Heath wrote:
"Dear OFF,
Just wanted to say thanks for your efforts to protect our rights.
I specifically want to thank you for taking action in regard
to DHS's restrictions for foster parents.
My husband and I are foster parents but our home is currently
on hold because of this issue. We are both CHL holders and have
had to choose between fighting for our rights and taking care
of needy children. This is a horrible position to be in. Thank
you for what you are doing on our behalf. Please let us know
if there is any way we can be of help in this area."
The Department of Human Services, which oversees the foster
parent program, had informed them that new rules were in place
that drastically reduced their ability to possess firearms.
Concealed handgun license holders were not exempt.
The DHS rules essentially
rendered all firearms in a foster home inaccessible and useless.
OFF agreed that it was absurd to trust adults with CHILDREN,
but not firearms. We asked the State Representative Jerry
Krummel to investigate.
Krummel is blessed with one of the hardest working staffers
in Salem, Dawn Phillips. Phillips contacted DHS and demanded
an explanation for a rule they have no authority to make.
In the ensuring months, Phillips kept OFF informed of all the
efforts she was making to get DHS to comply with the law, and
every effort DHS was making to avoid complying.
Legislative Counsel (the lawyers for the legislature) wrote
an opinion reaffirming
what gun owners, and others who read the law knew. DHS has NO
authority to regulate firearms without the express permission
of the legislature. Oregon's Attorney General concurred.
DHS has now agreed that their rule was unlawful and has rescinded
it.
This is a victory
for gun owners, foster parents, foster children and the rule
of law.
It is still essential that foster parents and gun owners continue
to provide input. No doubt there will be efforts made in the
future to restore these restrictions.
The agency is seeking public comment on new rules for certification
standards through August 23rd. You can learn more about the
rules on their web site: http://www.dhs.state.or.us/policy/childwelfare/drafts/2007/ii-b1.pdf
or call 503-945-6897 or 503-945-5651.
We thank the foster parents who had the courage to come forward
and speak out against an agency that clearly held their rights
in contempt. We thank Representative Krummel for his willingness
to stand up to a bureaucracy that violated the law and the rights
of the most investigated and responsible people in the state,
and we thank Dawn Phillips for her tireless efforts on behalf
of foster parents in Oregon. |
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Copyright
© 2000 - 2008, Oregon Firearms Federation. All Rights Reserved.
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