New Oregon Law: Those Hit w/ Protective Orders Need to Surrender Guns within 24 Hrs

(Photo: Facebook)

Oregon Gov. Kate Brown signed into law legislation this week that seeks to disarm domestic abusers, stalkers, and individuals subject to certain court protective orders. 

Under existing state law, many of these individuals are already prohibited from purchasing and possessing firearms.  However, lawmakers complained that the law didn’t go far enough to confiscate firearms currently in their possession.  

HB2013, which Gov. Brown enacted Tuesday, is supposed to aggressively address this “loophole.” 

“The deadly combination of guns and domestic violence is well-documented. While mass shootings make headlines, it is all too common that gun violence occurs behind closed doors and away from TV cameras,” said Governor Brown in a press release obtained by GunsAmerica. 

“This legislation represents another step forward in improving Oregon’s common-sense gun laws, ensuring that no one else lives in fear from firearms in the wrong hands,” she added. 

A summary of the bill shows the escalation of the proceedings.  Note, that the law even calls for taking guns from people who haven’t had their day in court so long as they “had an opportunity to be heard in court.”  

Provides that person subject to certain court protective orders is prohibited from possessing firearms if person had opportunity to be heard on order and did not request hearing, failed to appear at hearing or withdrew request before hearing occurred. Punishes violation of prohibition by maximum of 364 days’ imprisonment, $6,250 fine, or both. Requires court to order relinquishment of firearms and ammunition when person is convicted of certain domestic violence offenses or subject to certain court orders. Requires person to transfer firearms and ammunition within 24 hours of court order. Requires court to notify district attorney and Department of State Police if person does not file affidavit or declaration concerning possession of firearms.] Requires person to file declaration concerning disposition of firearms and ammunition within two judicial days of order. Authorizes contempt proceedings against person who does not file declaration. Requires law enforcement agency that takes custody of firearms pursuant to relinquishment order to notify Department of Justice and perform criminal background check prior to law enforcement agency’s return of firearms. Declares emergency, effective on passage.

Now, ostensibly, this law makes sense.  Dangerous creeps should be disarmed.  Period.  But there are at least two major problems with HB2013.

SEE ALSO: New Zealand Compliance Rate for Gun Buyback Program Stands at Less than 1 Percent 

The first is that not all of those accused fall into the “dangerous creep” camp.  Confiscating guns from and permanently terminating the 2A rights of individuals not in that camp before they’ve had their day in court violates their due process. 

There may be legitimate reasons why an individual didn’t request a hearing (because he didn’t know he had that legal option) or why an individual can’t make a specific court date, e.g. work, watching children, illness.  Point being, the state should pull back on its zealousness to roll out the confiscation squads, and it should be doubly sure that the accused have been afforded due process. 

The second problem with HB2013 is its effectiveness.  The assumption is that HB2013 permanently disarms dirtbags.  That’s a fatal assumption.  Because even if cops are lucky enough to locate and seize all the guns from a dirtbag today, there’s no way to guarantee he won’t procure one tomorrow (or any other lethal implement for that matter).

Facts being facts, only about 11 percent of violent criminals buy guns at gun shops or gun shows.  The other 89 percent obtain them another way, more often than not through illegal channels (black market, theft, straw purchasers, criminal associates).  What this means is that those most likely to commit violence against women are probably the least likely to be stopped or deterred by this law.  It doesn’t mean that we shouldn’t disarm dirtbags.  It just means that we have to be realistic about the efficacy of HB2013 to prevent domestic violence.  Put quite simply, women in the crosshairs of violent abusers may not be any safer as a result of HB2013.

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About the author: S.H. Blannelberry is the News Editor of GunsAmerica.

{ 28 comments… add one }
  • Mr. Smith February 19, 2021, 11:25 am

    Last sentence of the article is sexist. It implies that only women are victims of DV.

  • John Nash November 13, 2019, 4:09 pm

    Whatever anti firearm laws these myopic democrats make will eventually be challenged in the US Supreme Court; this latest bill is clearly in violation of the Heller decision. Their law puts the state in the position of dominance over the people, it’s the democrat way.

  • Richard Carlton November 12, 2019, 7:47 pm

    Brown is a crook, she worked for one, now she’s picked up his dirty deeds 10 fold. Get this woman impeached NOW….

  • Patrick November 12, 2019, 11:02 am

    She is a disgrace as a governor she has done a lot of illegal activity and she keeps doing illegal activity she needs to be taking out of the office immediately and arrested for treason and all the people that are with her in the government

  • scott kaber August 1, 2019, 5:43 pm

    its time to flush her. past time its really starting to stink.

  • Chuck July 29, 2019, 7:53 am

    No doubt orders of protection and ERPOs will be abused to disarm law-abiding gun owners in violation of their 2A, 4A and 5A rights. Sorry Madam Governor, you don’t get to do that.

    I urge all Oregon gun owners to resist this edict which is illegal. If necessary, hide your firearms, and if LEOs come knocking at your door to them to shove it.

  • Delores Dixon July 28, 2019, 5:28 pm

    So even if a person accuses another person of such a crime. Then the charges are later dropped, for the so called victim admitting to lying, or she changed her story, or she just doesn’t go to court period. She claims it was actually her fault as she assaulted him first. All of this will make NO DIFFERENCE!! These charges are NEVER purged from their records!!

  • Fergus July 26, 2019, 9:06 pm

    No doubt the Nazis also smiled when they enacted their jewish laws that allowed various measures against jews for the security of the populace and enabled the setting up of political reeducation camps. They also relished what they knew would be the future. The American fascists are in for a big surprise if they think they will disarm Americans.

  • Michael J July 26, 2019, 7:39 pm

    How about a real law stopping real criminals instead of maybe ones?
    Democrat’s breed like rats, the proof is in their numbers.

  • Rob July 26, 2019, 7:20 pm

    Falsification of domestic violence scenarios is a VERY common occurrence. Far too many women ARE injured or killed by domestic violence. However, there are MANY men who either defended themselves or did nothing at all that get falsely accused and their lives are ruined for a significant amount of time. It happened to me. Fortunately the woman had previously admitted to our marriage counselor that she had struck me many times and I had NEVER been violent towards her. My attorney threatened to subpoena the counselor and ask him to violate his confidentiality agreement and testify against her so she dropped the charges. However, I spent a miserable two days and one night in city jail, spent a lot of money on attorney and court fees, and later got turned down for a well paying position that required a Department of Defense security clearance because the arrest was still on my record. I was in the process of having the arrest expunged from my record, (even MORE money and time), but it had not been completed yet. It’s EXACTLY like the ALLEGED SEXUAL HARASSMENT scenario. Sadly, there is a LOT of actual sexual harassment. There are also a LOT of false allegations that ruin a man’s life because in both circumstances, the man is ALWAYS presumed guilty and there is almost nothing acceptable by the justice system to prove his innocence.

  • John Mullendore July 26, 2019, 6:30 pm

    I am sorry to hear of your troubles, I live in Washington state, Stevens county, my guns were taken when my exwife filed domestic abuse charges on me, 3 times in one year, first time I got my guns back no problem, they never took anything but working firearms, Stevens County is a great county to live in. I got them back when she never showed in court, 3 times she filed and 3 times she never showed in court. The problem is just call the law and they have to act, we need better domestic violence laws to protect both party’s, not just women, I never hit or hurt my wife, I raised my voice to her, domestic violence is a bullshit law that protects no one but the complainer, always the woman, I inherited my home from my mother, I had to find somewhere else to go and my wife got my car that was owned before we were married, after I got my home back after the 3rd abuse claim it was empty, the walls didn’t even have a picture one left, I had two households worth of furniture and all it takes to live. I had no silverware pots or pans, no beds no bedding. She sold everything she didn’t want, The Judge when I complained said settle it in divorce court. The bitch lived here 1 1/2 yrs. She get 800.00 a month from social security, hell I can go thru the expense of suing her but would never see a dime. As far as I can see domestic violence laws are pure bullshit. But any guys out there that are going to beat their women, give it to them good they have it coming.

  • John Mullendore July 26, 2019, 6:13 pm

    The oregon ban on domestic abusers, (BULLSHIT) shouldn’t we be tried in a court of law before you can make anyone surrender a gun? Not in this day and age, as long as we are doing away with amendments to the constitution, lets also do away with free speech, oh wait the liberals at facebook have already done that, you can’t say anything they don’t like or they ban you, how about the first amendment? Yeah lets just do away with the constitution, doesn’t mean much to governors including Washington state, are they all Browns now? To the lady in Oregon you suck, no matter how far out of the way I will never pass thru Oregon again, To the legislature every where, hiding behind bunk laws that mean nothing and aren’t worth the paper they are printed on, anytime you wish come and get my guns, you personally come and get them don’t send someone else to do your disarming, come and take mine. I guarantee the day you come for them you can get them wear gloves they will be hot and won’t be any ammo left. As happened in Washington state the law said they would not comply to take guns. I would never surrender my weapons, wellm in order to get them I guess you would have to find them first, mine will always be available, not to confiscation, but to patriots that want to fight. You are on the losing side of millions of legal guns. Make your laws, crime will always be prevalent no matter what laws you enact, you are just making popular laws that will get your sorry asses reelected. The lawmakers these days make me sick, no one will die ever again if we just ban guns. One day when after our present day civil war you wonder what went wrong, we need to clean house and eject the losers in office these days, God Bless you President Donald Trump for your support of the second amendment, god damn all you other pussy’s that can’t handle people having guns, get your teddy bears and go suck your thumb in the corner and stay out of the way.

  • Ike R. July 26, 2019, 2:14 pm

    This is a horrible law.. I’m in Cali and was victim to this years ago… my ex was violent and assaulted me, called the police and said I hit her. Guess who went to jail? Guess who’s guns were taken? Case was dropped but took me 6 months to get my firearms back, needed approval by DOJ, they kept my ammo, and I had to pay a storage fee for each item…

  • Peter Brown July 26, 2019, 12:23 pm

    Look at the smiling people and obese kid! All smiles over what? They’re chipping away at their foundation of their very stability and justice. The good people of oregon must be very embarrassed over this foolishness.
    As with prior attempts to “rid the country of killing machines, etc, etc, bleat, bleat”, the American spirit can not and never shall be suppressed by those out-of-control. Tactics employed by abusers will be modified to skirt this knee-jerk action until it reaches the supreme court where it will be rightfully tossed into the round file of fools.

    • Ronald Gonshorowski July 26, 2019, 1:16 pm

      We have a recall petition to get rid of Kate Brown-stain, but I don’t know its status at this moment.

  • Eric S. July 26, 2019, 12:13 pm

    I read these articles and feel sick to my stomach. The democrats have had control in Oregon for far too long and we need to stop the outrageous actions of a group hell bent on destroying our country. I live in Oregon and I have signed BOTH petitions to remove Kate Brown from office. I urge all Oregonians to do the same. We have people representing us that are sending the wrong message on so many fronts that it’s not funny. Our Governor creates new programs and funds them with money we don’t have and then increases or creates new taxes to cover the old ones. We have a GIANT short fall for our PERS system (Public employees retirement system) it the tune of several hundred million. Kate Brown created a new program to address affordable housing and funded it with over 300 million that should have gone to other obligations. I’m not saying that affordable housing isn’t an issue or that it’s not a problem but if we cannot pay for the obligations, we already have, and we simply cannot assign the money to a new one. How do we teach our kids to be responsible with their finances if our local, county, state or federal government can be either? We cannot go to our employer and demand more money just because we have over extended ourselves financially with pour decisions. How ever the governing powers can demand more from us “their employers” to pay more taxes to cover their inability to work within their budgets. This is just one reason we have a mental illness problem in this country, or kids are so entitled that they want what they want when they want it and it should be okay. Okay, now to my point. If we allow them to disarm the public, we lose the ability to stop this kind of government from simply deleting the entire constitution and rights we have as individuals.

  • Le Hunt July 26, 2019, 12:06 pm

    I’m a woman, but females holding any public office are a total disaster. Oh, there might be one or two with enough brains to manage things responsibly, but 99% are too stupid, opinionated, narcissistic, or outright socialists to be entrusted with power.

  • William E.Sargent July 26, 2019, 11:58 am

    Bisexual Brown, our governor has ramrodded this through and it is the law now.

  • gregory wangler July 26, 2019, 11:41 am

    I went to three hardware stores and can’t find a shovel anywhere. It’s like trying to buy a snow shovel right before a winter’s first blizzard forecast.

  • Chuck July 26, 2019, 10:14 am

    We need to get her out before there is irreversible damage to our great state. Look at New Zealand started a short time ago with assault style rifles to now all weapons- it won’t stop people they will take our 2nd if they can not by bit

  • joefoam July 26, 2019, 9:28 am

    Abusers will resort to the most available implement, fists, knives, clubs. All of which cause more deaths than guns. It’s all political pandering so someone can say ‘look, I did something, vote for me’. If they looked into the facts and statistics they’d know it won’t change a thing but that.s beside the point. Safety comes in second behind votes.

    • Chupiis July 26, 2019, 11:45 am

      And the drug and alcohol addled 250 lb. criminal predator has a bit of an unfair advantage against the disarmed 125 lb. female or 75 year-old seasoned citizen. That’s OK FOR libt@rds.

  • Gus July 26, 2019, 9:19 am

    If you live in OREGON you NEED to sign the petitions that are going around in the state of Oregon to get that bitch Kate Brown out of office it’s up To us, so find a place to sign it before this bitch takes all our guns away and Brown Noses us all !

  • deanbob July 26, 2019, 8:46 am

    It is similar to the first story – the one on mass murder by arson. Because the left wants to remove our second amendment right, they will use any excuse to target firearms, ignoring statistics and studies that don’t support their narrative.

  • Leighton Cavendish July 26, 2019, 6:37 am

    Because nobody has ever hurt anyone with a knife…bat…chainsaw..golf club…etc etc etc
    Anyone ever look at the percentages? How often are guns actually used in domestic violence situations?
    Probably a small percentage.

  • Bob July 26, 2019, 6:20 am

    They like to always blame the firearm.
    Let’s ignore Mental Illness and all the other Shit
    I had a friend that was a Deputy and he responded to a call about a X Husband with a restraining order from his X Wife when he got there he had burred a Hatchet in her forehead. So let’s ban all the Hatchets too.
    How about Drunk Driver that kill thousands of people every year where are we on that subject!!!

  • Mike V July 25, 2019, 12:20 am

    But we’ll feel safer right?
    I mean it’s now super duper doubly illegal, that’ll do it, this time?

  • Sepp W July 24, 2019, 6:41 pm

    Again, a law that targets an inanimate implement. Completely ignores other implements, when in the hands of determined person hell-bent on inflicting injury or death upon their own kind.

    One thing differentiates it all, a firearm.

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