The Soviet style, false accusation bill we told you about Tuesday has been updated. Clearly this draft is being “worked” and almost surely will be introduced in February. A copy of the latest version can be seen here.
We have been reliably informed this is actually Floyd Prozanski’s bill, although Ginny Burdick had previously announced her intention to introduce legislation of this type.
As we told you Tuesday, this bill would allow a laundry list of unqualified people to make a secret report and accuse you of “experiencing a mental health emergency” at which point you lose your right to purchase a firearm. You would not be told this report was filed against you, you would not know who filed it or when it expires.
A few changes were made from the version we shared with you Tuesday.
First, they have changed the definition of one class of “reporters” from “family members” to “immediate family members.” The bill also now has vague language about a misdemeanor penalty for “knowingly” making a false report . The worst a person faces for stealing your rights and your good name is a misdemeanor.
They have also added a standard duration for the hold that would be placed on you. Under this second draft, your rights would be stripped from you with no due process for 30 days. Nothing in this draft would prevent your accuser from simply requesting another hold after 30 days.
Included in the list of people who can make a secret accusation against you are school personnel who have “had direct contact with you.” It does not say “recent” direct contact. They could have had “direct contact ” with you ten years ago.
It also allows any any doctor, “health care provider” or “licensed mental health professional” to make a secret accusation against you. As with family members, those “reporters” are not required to have direct contact with you. So, for example, a person like Senator Elizabeth Hayward, who is a doctor but also openly admits to having severe mental health issues, could initiate a secret report against anyone she wanted even if she did not know him.
Imagine coming to the Capitol to testify against an anti-gun bill like this. Hayward, who has been a vocal, anti-gun extremist, could pick up the phone or simply go online, report that you are experiencing a “mental health emergency” and, without your knowledge or right to face your accuser, your rights evaporate.
If you find out that this has happened to you because you attempt to buy a gun and are denied, it’s up to you to prove you are not a danger to yourself or others. You would either have to find a “health care provider” who would provide “documentation” that you are not a danger, or you would have to go to court, at your expense, and “demonstrate by clear and convincing evidence” that you are not a danger to yourself or others. Good luck with that.
This new version comes the same day we have received the latest statistics from the Oregon State Police on background check denials. (Keep in mind, the OSP does not make public information on their, far more common, delays.) Once again their own statistics prove what a farce this system is. In December of 2015 OSP denied 226 attempted transfers.
Of those OSP claims that 174 were denied because the buyer was a felon.
11 were denied for “mental health” reasons.
24 people were denied because the OSP claims the gun in question was stolen and 17 people were actually wanted by the police at the time of the attempted purchase.
The number of arrests made? A grand total of …zero.
So according to the OSP, 191 people who were felons or wanted by the police were trying to buy guns, and exactly none were arrested.
Clearly adding this new category of “prohibited” persons will only increase the complexity and failure rate of this monstrous system.
If you don’t know who your local reps are, now is the time to find out. You can find their contact info here.
Call or email them and tell them you expect them to do everything in their power to stop this outrageous attack on your privacy and liberty from even getting a hearing.