The 2nd Amendment says a citizen’s right to bear arms shall not be infringed. In Oregon, that right is being infringed upon.
If a household or family member presents evidence before a judge that someone is an “extreme risk,” they can have their weapons and ammunition confiscated. This is done ex parte, meaning there is no due process for the individual. They have no recourse to defend themselves from the court order until it’s already executed.
I’m all for keeping people safe from violent household members, but there’s a need for due process. If someone may be an “extreme risk” they should be given the opportunity to demonstrate that they’re not. Otherwise, they’re losing a 2nd Amendment right without an opportunity to prove it’s unnecessary.
According to Truth About Guns:
Worth noting: no judge is going to be “that guy” — the judge who denied an ERPO and let a mentally ill person shoot themselves or others. The chances that a judge will deny a request for an ERPO are somewhere between slim and none (and Slim just left town).
For all intents and purposes, the accused is guilty until proven innocent.
The fact that a police officer — any police officer — can petition the court for an ERPO is equally worrying. When the state can take away your gun rights, and guns, based on the uncontested testimony of a representative of the state, we’re heading into dangerous waters.
Read more on Truth About Guns.