FACT SHEET
Clatsop
County Measure 4-205
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Question: |
Should
Clatsop County prohibit use of county resources for enforcement of certain
firearms regulations and allow fines for violations? |
Effect: |
A “YES” vote on Measure 4-205 would prohibit the Clatsop County
Sheriff’s Office from enforcing existing and future gun laws. A “NO” vote on Measure 4-205 allows for
the ongoing enforcement of existing and future gun laws by Clatsop County
Sheriff’s Office. |
Summary: |
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Approval would prohibit
Clatsop County employees or officials (i.e., Sheriff’s Deputies) from enforcing
any Extraterritorial Act relating to
firearms or using any County resources to enforce such acts relating to
firearms.
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The measure defines Extraterritorial Act as any local, state, or federal law or
regulation that restricts a person’s right to keep and bear firearms,
accessories, or ammunition.
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Approval would prohibit enforcement of the following related to firearms:
o Any
tax, levy, or fee on the purchase or ownership of firearms or related items;
o Any
tracking requirements; o Background checks;
o Confiscation
orders (e.g., Red Flag orders where a person is deemed a threat to themselves
or others);
o Limits
on the ownership of firearms or accessories; and, o Any
restriction on the open or concealed carrying of firearms.
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Violation of this ordinance could result in a fine of up to $2,000 per county
employee or $4,000 for a county agency.
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Does not
apply to convicted felons or persons prohibited from possession of firearms
by court order. The ordinance also does not allow the possession of firearms in
state or federal buildings.
We Recommend Voting “NO” on Measure 4-205
Because:
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Prohibits
County employees from enforcing gun laws; includes a civil action penalty
against Clatsop County employees for doing their jobs.
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Likely not
constitutional. Attempts to
invalidate enforcement of existing federal, state, and local gun laws that have
been upheld by the U.S. Supreme Court.
Courts decide the constitutionality of laws, not counties.
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Localities
cannot contradict state law. Enforcement of Oregon gun laws would be
subverted by the passage of Measure 4-205.
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Local ordinances like this are a recipe for
chaos; they undermine the rule of law,
cause confusion, foster distrust in law enforcement, and may deter people from
reporting individuals who may hurt themselves or others.
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Measure 4-205 is dangerous because it will deter the use of safety measures like
background checks and Red Flag laws (where police or family members can
petition a court to order temporary removal of firearms from a person who may
present a danger to others or themselves) that have been proven to save lives
and are supported by the vast majority of Americans.
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Domestic violence restraining orders and red flag petitions could decline because
persons needing protection think law enforcement won't remove firearms from
someone, even when warranted. More incidents of domestic violence might go
unreported as a result. The presence of
a firearm during a domestic violence situation makes it 5 times more likely
that a person will be shot and killed.
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Oregon does not accept concealed weapon permits
from other states. People who travel to Clatsop County cannot carry concealed
weapons without following Oregon gun laws.
Passage of 4-205 would subvert the
requirement to follow Oregon gun laws, resulting in situations where anyone
from anywhere in the world could carry their gun - concealed or open – in
Clatsop County with no restrictions.
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Measure 4-205 creates more danger because self-appointed, so-called
"militias" think there is local support for their actions and they
will not be held to commonsense gun safety laws or held accountable for their
actions. Passage of Measure 4-205 would
likely also result in an increase in vigilantism.
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The vast majority of Americans support common-sense gun laws that keep our communities
safe. The organizations supporting this ballot initiative do not express the
will of the people.
• Every day, one hundred people die from gun violence in this country, and hundreds more are wounded.