Currently the Brady bill prohibition applies to domestic violence (in addition to others that fit certain criteria) perpetrators when a restraining order is in place and the order was issued after a hearing which the respondent (abuser) recieved notice and had an opportunity to participate in the court preceedings.
In Oregon, someone who is abused by an intimate partner can obtain a restraining order at an ex parte hearing, meaning that the abuser does not have to be notified of the hearing and/or be given an opportunity to participate. This is a good thing considering the extreme mental stress placed on the survivor when they have to face their abuser after taking steps to leave. Unfortunatly this does not fulfill the requirements for the Brady bill to take effect. In addition, Oregon law only allows for the abuser to request a secondary hearing in which notification and opportunity to participate exist. The ultimate effect of this is that the abuser generally gets to retain ownership of firearms. That is where these bills come into play.
SB 300 and HB 2508 would revise current Oregon law to permit the survivor, as well as the abuser, to request a secondary hearing on a restraining order. Additionally, the bill would require that the order be accompanied with a certificate of compliance with the federal law and state that it subjects the respondant to federal prosecution for purchasing or possessing firearms while the order is in effect.
These bills are not new gun laws. They are simply revisions of current law that would close the loophole and disallow violent criminals from accessing deadly weapons. These laws also do not change a respondants ability to requst a secondary restraining order hearing. These changes also would not allow law enforcement to search homes for firearms or change federal law concerning these matters.
These are reasonable changes that would help prevent hundreds of senseless deaths per year. Survivors of domestic violence would benefit from these bills, as would those who care about their safety. This is NOT an attack on those who are not dangerous, yet still insist on owning firearms. It is simply an attempt at saving the lives of those in need.
For more information you can contact Ceasefire Oregon at www.ceasefireoregon.org or by phone at 503-220-1669.