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05.15.09 DO THEY READ THE BILLS?

HB 2853 SCHEDULED AGAIN.

HB 2853 is scheduled for another hearing and possible work session on May 20th at 3pm in the House Rules Committee.

At least one member of the Rules Committee which heard HB 2853 yesterday, decided it was not worth reading before voicing her support for it.

As you know, HB 2853 was a bill that has been “gut and stuffed” to turn it into a vehicle to give mental health records to the FBI. The bill has been amended to force Oregon into compliance with a Federal law, HR 2640.

HR 2640 was the NRA-promoted, Brady Bill expansion that was passed under George Bush following the killings at Virginia Tech.

Of course, as with so many other gun control bills, there is no reason to believe that had this law been in effect at the time of the VT massacre, it would have made any difference, but lawmakers make laws, whether they make sense or not.

The original bill dealt with an expansion of the list of people who could not own guns to include those who were found guilty “except for insanity” of a “crime.”  Current law says people are prohibited if they were found guilty “except for insanity” of a FELONY.

But that bill, although still listed on the legislative website, has long been amended into a completely different bill that now deals exclusively with the transfer of some peoples’ mental health histories to the Obama-controlled FBI.

The intent is to keep guns out of the hands of what the Feds call “mental defectives.”

The numerous amendments to the bill have been introduced over several weeks, with the last ones being made available at a hearing the bill had in the House Rules Committee, on Wednesday, May 13th.

Because of your efforts and the concerns of many other people, the last set of amendments were the most restrictive so far, greatly limiting the information that would be sent to the Feds.

Unfortunately, they still expanded the records that would be used in the failed Brady background check system and, as such, provided great potential for errors and abuse.

In addition, they classified people who are “mentally retarded” the same way as people who are dangerously mentally ill.

Some members of the committee, specifically Arnie Roblan and Sara Gelser, rightfully pointed out the fact that being mentally retarded does not make a person dangerous. Chair Roblan even discussed a friend of his, whose son is mentally retarded, but a fine and safe hunting companion.

But while some committee members demonstrated a lot of insight, at least one made us ask “What are they smoking in there?”

House Rep Mary Nolan has responded to many gun owners, who wrote to ask her to oppose this bill, with the following e-mail:

Thank you for taking the time to write me about HB 2853. I share your commitment to protecting individuals’ privacy – in matters, especially including health information. Indeed, I have earned a reputation in the legislature as a leader on behalf of privacy and civil rights.

I differ from you in my interpretation of this bill. As I read it, the bill applies only to persons who have committed a crime and are applying for a gun permit. The bill provides an opportunity to request an exception. I will continue to keep your perspective in mind as I consider this bill, but am now inclined to support the bill.
Sincerely,
Mary Nolan
State Representative (SW Portland)
House Majority Leader

Note: Nolan was sending out this response as late as this afternoon, long after the bill had been amended and moved from the Judiciary Committee to the Rules Committee on which she sits and votes. Long after, in fact, her committee had the last set of amendments.

Nolan (below) may have a reputation as a “leader on behalf of privacy” but she won’t win any prizes for reading comprehension.

Even in its original form (now long dead), it would be hard to come to the conclusion that the focus of the bill was people who had “committed a crime and were applying for a gun permit” (whatever that is) but in its amended form, (even the early amendments) it clearly had nothing to do with that and now was all about mental health records and the feds.

This bill is nothing more than an expansion of Brady, and Brady has not achieved anything except to slow or stop many legitimate gun purchases. It greatly expands the potential for mistakes, mischief, and abuse and opens the door to far greater record keeping by an administration that is openly hostile to gun owners.  We think it’s essential that Nolan, who may be voting on the bill, at least exhibit a clue about what’s in it.