'Common sense' effort to raise age of gun owners to 21, ban ghost guns advances

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Oregon legislation that would ban "ghost guns," raise the minimum age of purchase and possession for certain firearms, and allow local governments to prohibit concealed guns in their buildings and grounds has advanced to the Senate.

House Bill 2005 is a result of a workgroup convened by House Speaker Dan Rayfield, D-Corvallis, last summer. It included Rep. Jason Kropf, D-Bend, Rep. Paul Evans, D-Monmouth, Rep. Lisa Reynolds, D-Portland, and Rep. Dacia Grayber, D-Portland.

The bill — formerly three bills but now rolled into one — would prohibit the manufacturing, sale and possession of unserialized guns. Possessing a firearm without a serial number on or after Sept. 1, 2024, could be punished by a $1,000 fine. A second conviction would be a $6,250 fine and/or 364 days in jail and any additional convictions could result in 10 years imprisonment and/or a $250,000 fine.

Dozens of homemade firearms and components found at a Salem home in 2022.
Dozens of homemade firearms and components found at a Salem home in 2022.

HB 2005 would also prohibit Oregonians younger than 21 from possessing a firearm unless it is a certain rifle or shotgun. Those violating the rule could be punished by a maximum of 364 days imprisonment, a $6,250 fine, or both.

Oregonians younger than 21 who owned a firearm before the effective date of the bill or who give up the gun prior to prosecution would not be punished.

The bill would also extend the ability to prohibit concealed carry of firearms to local governments. Should a local government prohibit concealed weapons on their property, those in violation could be convicted of a Class A misdemeanor punishable by 364 days imprisonment, a $6,250 fine, or both.

In public hearings, the bill received an outcry from gun owners, gun rights advocates and Republicans. But it drew strong support from advocates, including members of Moms Demand Action, and at times emotional testimony from Democrats and those impacted by gun violence.

An 'Oregon solution' to gun violence

Speaking about his work on the bill, Evans said he joined the workforce after Rayfield made him an offer he could not refuse. He said it was among the best experiences he has had at any work group in his five terms in office.

On the House floor, he urged lawmakers to support the bill, calling it a "common sense approach to a problem we all wish we didn’t have to try to solve."

He called facts on mass shootings and gun violence "ugly," saying six of the nine deadliest shootings in the United States in recent years were committed by people younger than 21.

Rep. Paul Evans, D-Monmouth, looks on during a Jan. 9 House session at the Oregon State Capitol.
Rep. Paul Evans, D-Monmouth, looks on during a Jan. 9 House session at the Oregon State Capitol.

The New York Times reported on the pattern in detail in 2022, finding that only two of the 30 deadliest mass shootings from 1949 to 2017 involved shooters younger than 21.

"We can not do everything," Evans said. "But that does not mean we can not do anything or something."

Evans also said the bill would prevent a statewide prohibition of concealed weapons "that could very much come" and instead would give communities the opportunity to decide for themselves.

An emotional Kropf also provided a statement on the floor. He spoke of 2022's Safeway shooting where a 20-year-old shooter killed 84-year-old Glenn Bennet and 66-year-old Donald Ray Surrett Jr in Bend.

"Gun violence has pervaded every aspect of American life," he said. "It's simply not acceptable."

"In August of this last year, we had a shooting in Bend. Two people in my town were murdered. The perpetrator was a 20 year old. At the scene, the police recovered over 100 shell casings ... they also recovered an AR-15," he said. "With the passage of this bill, that would not be allowed. We can respect the rights of responsible gun owners. We can invest in needed services that are gonna help make us safer and we can have common sense rules about firearms as we collectively work to create safer communities."

Reynolds referred to the bill as an “Oregon solution to the epidemic” of gun violence. She was a volunteer with Moms Demand Action before being elected into office.

Other lawmakers who spoke in support of the bill included Grayber, Rep. Travis Nelson, D-Portland, Rep. Khan Pham, D-Portland, and Rep. Zach Hudson, D-Troutdale.

Attorney General Ellen Rosenblum celebrated the vote Tuesday. It is the fourth session she has requested that lawmakers address ghost guns.

“I sincerely hope the 4th time’s a charm!” Rosenblum said in a statement. “I commend Speaker Rayfield and the legislative sponsors of HB 2005 for moving this important set of policies forward. This bill supports law enforcement in their investigative efforts and will help ensure that these deadly weapons are not readily available to those who cannot pass a background check.”

Republicans warn of impending litigation

Republicans refused to submit their vote until they were called upon and most prefaced their nays with exclamations of "unconstitutional."

They warned Democrats that the bill was going to result in a lawsuit and pointed to ongoing litigation surrounding Measure 114, a ballot measure Oregon voters passed in 2022 that remains stalled in the state Supreme Court.

Defending Measure 114 in state and federal court has cost the state hundreds of thousands of dollars, Jeffrey Helfrich, R-Hood River, said. He questioned why lawmakers would pass a bill that could result in additional lawsuits as Oregon faces lower revenues and tighter budgets.

“We are inviting a lawsuit," Rep. Mark Owens, R-Canby, said on the floor. "The state will get sued, the state will lose and taxpayers will foot the bill."

Several said that the bill went against constitutional protections of citizens' right to keep and bear arms.

"The Constitution specifically delineates that the right to keep and bear arms shall not be infringed," Rep. Christine Goodwin, R-Canyonville, said.

She called the bill a "direct contradiction to our fundamental constitutional protections."

Republicans also said the bill would punnish law-abiding gun owners and they shared stories of their children who would not be allowed to possess firearms under the bill.

"Why can't I protect my daughter?" Rep. Greg Smith, R-Heppner, asked. “Taking away the rights of folks who have done nothing wrong isn’t a solution."

House Republican Leader Vikki Breese-Iverson, R-Prineville, decried the passage in a statement after the vote.

Rep. Vikki Breese-Iverson, R-Prineville, speaks during a Jan. 9 House session at the Oregon State Capitol.
Rep. Vikki Breese-Iverson, R-Prineville, speaks during a Jan. 9 House session at the Oregon State Capitol.

“Nothing in this legislation will make our streets safer. House Democrats took three separate pieces of legislation, each with their own flaws, and combined them into one complex and extreme omnibus gun bill. Rather than strip Oregonians of their constitutional rights, this body should pass legislation in line with those bills previously provided in the Safe Schools Package,” she said.

In March, Republicans pushed the House to reconsider a package of seven bills they refer to as the "Safe Schools Package." The motions failed.

The package included legislation that would provide state funds for school resource officers, require school districts that ban concealed guns on campus to install metal detectors an require schools to have panic alarms, among other things.

After the vote, Republican lawmakers gathered to hold a large $25,000 check they said represented the money they have committed to donate towards "impending litigation to protect the Second Amendment rights of Oregonians."

The bill received 35 votes in favor and 24 votes against. It now heads to the Oregon Senate for approval.

Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com or on Twitter @DianneLugo.

This article originally appeared on Salem Statesman Journal: Gun control bill moves forward in Oregon House, heads to Senate