I want to thank everyone who sent me their comments on the various gun bills that were assigned to the Senate Judiciary Committee. I especially want to thank the vast majority of individuals who discussed the merits of those bills with civility and respect.
Unfortunately, many of you have received inaccurate “alerts” and other correspondence, including allegations that I am against keeping Concealed Handgun License (CHL) holders’ and applicants’ personal information confidential. That is not true. In fact, I support keeping such information confidential. You also have been told that I am “anti-gun.” That is also inaccurate.
Let me first set the record straight about myself. I was born and grew up in Texas. I lived there for almost 30 years. I purchased my first gun when I was 15 years old and have continuously owned firearms ever since. My sister was murdered with a handgun in 1973. I believe the state has the right and duty to place reasonable restrictions on whom can possess guns and where they can be carried. I have been a prosecutor in Oregon for 24 years. As a gun owner for more than 40 years, I support both the Second Amendment of the U.S. Constitution and Article I, Section 27 of the Oregon Constitution.
Now let me set the record straight about the firearms legislation pending in this year’s Legislative Session. To maximize support, I amended a bill in the committee to incorporate several changes into one firearms bill. As amended, HB 2797 includes these major points. It:
– Prohibits the disclosure of personal information of CHL holders and applicants, Clarifies when and how ATV operators and motorcyclists can carry firearms,
– Prohibits certain felons from petitioning the court for restoring gun rights,
– Prohibits guns on public school campuses,
– Requires a report from the State Police on compliance with the National Instant Criminal Background Check System Improvement Amendments Act of 2007,
– Includes provisions limiting police authority to arrest or charge a CHL holder,
– Limits prosecution of CHL holders to state (not federal) law violations, and
– Repeals the law requiring an individual to allow police to examine a firearm to see if it is loaded or not.
Many of you have received information from Kevin Starrett of Oregon Firearms Federation, who has used scare tactics, misinformation and “photo shopped” pictures to berate the bill or me. He seems more interested in drumming up contributions than discussing the merits of the entire bill. In fact, it seems he only disagrees with only two points of the bill.
Kevin has previously testified that he believes all felons including murderers and rapists should be eligible to petition a court to restore their gun rights. I disagree. I have spoken to numerous OFF and NRA members who agree with me that certain felons should be prohibited from restoring their gun rights.
Kevin also believes that a CHL holder should be able to carry a firearm into any public building including schools. Again, I disagree with him. I believe certain public buildings including courthouses and schools should be off limits for guns, except for ROTC programs and gun safety classes.
Some of you may have also received an e-newsletter from Senator Jeff Kruse making inaccurate claims about the bill, the committee process, and my intentions and position on these gun bills. It is unfortunate, because misinformation does a service to no one. Even though Jeff claims that I am “anti-gun” (I am not) he in fact voted with me and the three other committee members to amend another firearms bill, HB 2792, to pass it to the Senate floor with a “do pass” recommendation.
I’ve heard from constituents who have two significant issues with HB 2797. Some support making CHL holders and applicants’ personal information confidential, and some support prohibiting CHL holders from carrying weapons on public school grounds. Many individuals support only one of these provisions, but not both. I support both, along with the other provisions of the amended bill.
I hope this letter clarifies what is actually included in HB 2797 as well as my personal beliefs and history regarding gun rights. I understand that we may not always agree, but I am open to hearing your point of view. Again, I want to thank everyone who contacted me and was civil in expressing their views.
Very truly,
Summary of HB 2797 as amended:
I. Carrying guns on ATVs and motorcycles
Sections 1-3: Clarifies when and how ATV operators and motorcyclists can carry firearms.
II. Concealed Handgun License (CHL) records
Section 4: Prohibits the disclosure of personal information of CHL holders and applicants.
III. Felons gun rights
Sections 5-6: Sets limits on when and who may petition the court for restoring gun rights. Prohibits felons who were convicted of a person felony while using a firearm or deadly weapon or a Measure 11 offense from seeking restoration of their gun rights. Requires eligible felons to wait three years before seeking restoration of their gun rights.
IV. Guns on public school grounds
Sections 7-8: Prohibits most firearms on public school grounds. Maintains current exemptions and adds new exemption for CHL holders.
V. Limits police authority to arrest or charge CHL holder
Section 9: Exempts CHL holders from being arrested or charged for violating ORS166.250 (1) (a) or (b) or ORS 166.370 (1)(a).
VI. Limits prosecution under ORS 166.425 to state law violations
Section 10: Limits application of ORS 166.425, Unlawful purchase of a firearm, to state law violations (deletes federal law violations from statute).
VII. Report from OSP to the Legislature regarding mental health records
Section 11: Requires state police to provide a report re: compliance with the National Instant Criminal Background Check System Improvement Amendments Act of 2007. Including the state complying with reporting mental health records of those found guilty except for insane or declared insane by a court.
VIII. Sunset Clause
Section 12: Repeals Section 11 on 1/2/12.
IX. Repeals Examination of firearm by police
Section 13: Repeals ORS 166.380, Examination of firearm by police to determine if it is loaded or unloaded and prohibits arrest for failure to allow examination.
X. Effective Dates
Section 14: Sets effective date for changes to existing laws amended by Sections 1 to 3, 7, 9 and 10.
XI. Emergency Clause
Section 15: Emergency clause – bill becomes law and is effective upon governor’s signature.