Oregon District 2 Representative Cliff Bentz is the only Oregon legislator to vote "nay" on the Bipartisan Safer Communities Act. A federal judge has ordered the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to temporarily halt enforcement of its new rule re-defining who is considered to be "engaged in the business” of dealing firearms under federal law.

"The new ATF rule states that individuals are engaged in firearms-related business requiring licensure if the ATF determines they are acting 'predominantly to earn a profit'.” The old rules allowed private individuals to loan firearms to friends and family members or to sell their firearms to individuals without necessarily having to transact through a licensed firearms dealer.

Pro-gun states (not Oregon) argued the new rule violates the Administrative Procedure Act (APA). They contend that it goes beyond the executive branch agency’s authorization from Congress to set regulations.

The federal government argued that it derived the authority using the passage of the Bipartisan Safer Communities Act (BSCA) in June 2022. They say the definition includes firearms-related business as activity where the intent is to earn a profit. If “intent” is all that is required, then ATF can determine anything they want it to mean. The court will hear further arguments on June 2.

In the meantime, a county in Arizona is being sued over its plans to impose $1,000 fines on victims of crimes when their stolen firearm is used in a crime, and they fail to report it fast enough to authorities.

These two cases are wrapped up in Oregon’s SB 554 passed in 2021. This law levies fines for failure to report a stolen gun with a serial number – you can be held responsible for any crime committed with guns that have been stolen from you, and your liability when you lawfully transfer a firearm is exponentially higher. In addition, under this law, you need to keep any gun you are not carrying locked up and useless, your rights to allow a minor to use one of your firearms are now extremely restricted and complicated by conflicting language, and you may no longer carry a firearm with a concealed handgun license in the Portland Airport Terminal, in the state capitol building and the grounds of any school that chooses to make its property off limits. There remains ongoing debate over contradicting language within the bill and what proponents said it would do.

SB 554 was passed during antifa and black lives matter riots, which clearly was not about “lawful self-defense.” When legislators embellished local communities with six million federal dollars through the bribery of Tina Kotek, Republican lawmakers caved and locked up their firearms and told you to do the same. Voters can't depend on courts to correct poor voting choices or that courts will protect second amendment rights.


--Donna Bleiler

Post Date: 2024-05-24 12:57:42

Last Update: 2024-05-24 15:44:47