Oregon lawmakers pass gun-control bill; gov to sign it
SALEM, Ore. (AP) – People convicted of stalking and domestic violence or with restraining orders in Oregon won’t be able to buy or own guns or ammunition after the Senate passed a bill that now goes to Gov. Kate Brown for her signature.
Brown, who on Tuesday told a Senate panel that anguished voices in the wake of the school shooting in Florida must be heard, said after the 16-13 vote Thursday that the bill will help keep guns out of the wrong hands. The bill earlier passed the House. Brown said she will sign it into law.
The Democratic governor said national action and federal legislation are also needed.
One of the senators who backed the bill, Floyd Prozanski, remembered how his sister had been shot dead by an enraged boyfriend.
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Gov. Brown news release:
Governor Brown Praises Legislators for Passing Life-Saving Gun Legislation Bill closing ‘Intimate Partner Loophole’ passes Oregon Senate with bipartisan support
(Salem, OR) — Governor Kate Brown today praised the Oregon Senate and House of Representatives for their bipartisan support of sensible legislation to prevent violence by a firearm. HB 4145 closes the “Intimate Partner Loophole” by preventing convicted stalkers and domestic violence offenders from buying guns and keeping guns. Governor Brown is expected to sign HB 4145 and released the following statement:
“Closing the ‘Intimate Partner Loophole’ is an important step to keep Oregonians safer, and to keep guns out of the wrong hands. Passing this bill was a priority for me this session, but we know there’s more that must be done.
“The bipartisan support for HB 4145 reflects what Oregonians and Americans have long felt and are now loudly urging — ending senseless gun violence is possible if we put politics aside and work together on practical solutions. Sadly, what’s different this time, is it took the voices and outrage of youth devastated by gun violence to hold decision makers’ feet to the fire.
“We need national action and federal legislation. Now’s the time to enact real change, and I’m encouraged to see students in Oregon and across the nation engaged and joining the call for gun safety legislation. It’s long past time we hold the White House, Congress, and legislators accountable.”
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News release from Oregon Senate Democrats:
Senate sends domestic violence loophole bill to Governor HB 4145 is important gun violence prevention legislation
to protect survivors of abuse SALEM – The Oregon Senate sent a bill that will keep guns away from domestic abusers and stalkers to Gov. Kate Brown for her signature.
House Bill 4145 – which passed the Senate today on a 16-13 vote – closes the intimate partner and stalker loopholes. It is one of Gov. Brown’s priority bills for the 2018 Legislative Session. Sen. Floyd Prozanski, D-Eugene, carried the bill on the Senate floor.
“Domestic abusers exert control through intimidation and fear over their victims, and stalkers wreak havoc on their victims’ lives,” Prozanski, a prosecutor and gun owner, said. “Anyone who is convicted of one of these crimes should not be able to possess a firearm. It’s that simple. This bill is common sense and it will help keep Oregonians safe.”
Under the current law, it is illegal for a person to knowingly possess a firearm or ammunition if he or she has been convicted of a violent crime against an intimate partner, or are subject to a restraining order.
However, the “intimate partner loophole” allows convicted domestic abusers or those under restraining orders to continue legally possessing firearms if they had not married, lived with or had children with their victims. Current law also leaves out stalking as a misdemeanor conviction that would keep someone from possessing a firearm.
The bill closes the intimate partner loophole by removing the term “intimate partner” in the state’s Unlawful Possession of Firearms statute, and replacing it with “family or household member,” so that it matches the same terminology that is used everywhere else in Oregon law.
A “family or household member” in its legal definition can include someone with whom a person has had a sexual relationship, without living together, having children or being married. The bill also adds a misdemeanor stalking conviction as a reason that a person won’t be allowed to possess a firearm.
“Being a former police officer, I have investigated a lot of domestic disturbances,” Sen. James Manning, D-Eugene, said. “This bill is not about Second Amendment rights. This is about people’s right to life. When you have convicted people of domestic violence and they can go out and still get and own a gun, then we have a broken system.”
The bill requires that the Department of State Police immediately enter records of domestic violence convictions into the Law Enforcement Data System and the National Crime Information Center of the United States Department of Justice. This allows that information to be available during routine background checks for firearm purchases. It also requires that the Department of State Police report illegal firearm purchase attempts to the district attorney of that county and, if applicable, a supervising parole officer within 24 hours.
“There is absolutely no reason why any stalker or domestic abuser should be able to possess or obtain firearms,” Senate Majority Leader Ginny Burdick, D-Portland, said. “The victims of domestic abuse and stalking have survived horrific atrocities and their abusers should not have access to firearms, under any circumstance.”
The bill now goes to Gov. Brown for her signature.
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News release from Oregon Senate Republicans:
Senate Democrats Reject Efforts To Reach Bipartisan Compromise on “Boyfriend Loophole” Bill
Salem, Ore. – Today, Senate Republicans made two motions in an effort to reach bipartisan agreement on House Bill 4145. Senate Democrats rejected the effort to compromise, instead passing the bill with only Democrat support.
Senator Kim Thatcher (R-Keizer) motioned to send HB 4145 back to the Senate Judiciary Committee with the goal of making minor changes to bring clarity to the suggested legislation.
“Senate Republicans hold the genuine belief that a few small changes would make a big difference in addressing concerns of both parties,” said Thatcher. “It’s difficult when you reach across the aisle, and they choose not to reach back.”
Senator Herman Baertschiger (R-Grants Pass) proposed the -A4 amendment, appropriating $20,000,000 to the Department of State Police to be used for implementing and enforcing firearms laws.
“The Oregon State Police are already overburdened, and when the legislature increases their duties, we should also consider their ability to take on new tasks,” said Baertschiger.
“Senate Democrats rejected additional funding to the state police,” said Senator Jackie Winters (R-Salem). “With additional funding, the state police would be freed up to enforce drug laws, gun laws, and increase public safety. We have a real opportunity to have bipartisan legislation, fixing Oregon’s Domestic Violence problems.”
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News release from Oregon Moms Demand Action/Everytown for Gun Safety:
OREGON MOMS DEMAND ACTION, EVERYTOWN APPLAUD SENATE PASSAGE OF LEGISLATION TO PREVENT DOMESTIC ABUSERS FROM OBTAINING GUNS
House Bill 4145 Would Help Protect Oregon’s Women and Children by Closing the “Boyfriend Loophole” and Keeping Guns Out of the Hands of Convicted Stalkers
HB 4145 Would Help Enforce Existing Law by Alerting Law Enforcement When Someone Prohibited from Having a Gun Tries to Buy One
SALEM, Ore. – The Oregon chapter of Moms Demand Action for Gun Sense in America, part of Everytown for Gun Safety, today applauded Senate passage of HB 4145, legislation that would close loopholes in the law to help protect women and children from gun violence. HB 4145 previously passed a full House vote with bipartisan support. The bill now moves to Governor Brown’s desk to be signed into law.
If signed into law, HB 4145 would address the following loopholes in Oregon’s gun laws:
Closing the “Boyfriend Loophole” so that abusive dating partners are prevented from having guns, an important measure that would protect women and children; Prohibiting convicted stalkers from buying or possessing guns; Requiring state officials to alert local law enforcement when an individual who is prohibited from purchasing a firearm attempts to buy one illegally and fails a background check. Local law enforcement would get the information needed to intervene before a person with a dangerous history obtains a gun through other routes.
STATEMENT FROM ANDREA PLATT, A VOLUNTEER WITH THE OREGON CHAPTER OF MOMS DEMAND ACTION FOR GUN SENSE IN AMERICA:
“Today is win for common sense – legislators from both chambers have agreed we need to make it harder for domestic abusers to obtain guns. This important legislation addresses glaring loopholes in Oregon law to better protect women and children from stalkers and abusers. The Oregon chapter of Mom Demand Action for Gun Sense in America has been advocating for these policies for years and we applaud the legislature for taking action. We are thrilled to stand by Governor Brown when she signs HB 4145 into law.”
Research proves that stronger gun laws can reduce domestic violence homicides. Research has also shown that American women are 16 times more likely to be shot and killed with a gun than women in other high-income countries and that the presence of a gun in a domestic violence situation makes it five times more likely that a woman will be shot and killed.
