HB 4147

Dear Oregon House Judiciary Committee,

I oppose Oregon HB 4147.

As an Oregonian, I wish to say a few words regarding HB 4147 prior to the hearing that is scheduled for tomorrow, Thursday February 4, 2016.

By denying a critical safety valve in the background check system and giving the Oregon State Police de facto power to permanently cease all sales of firearms either in blanket fashion across the state or for targeted individuals, HB 4147 puts at risk my rights as a citizen of the United States of America and as a resident of Oregon as set forth in the Second Amendment to the Constitution of the United States of America and in the Oregon Constitution, Article 1, Section 27.

When judging the worth of any proposed legislation, I ask myself the following questions:

1) What is the goal of the bill; what is it trying to accomplish?

2) Is the bill capable of achieving its goal?

3) What are some of the unintended consequences of the bill?

4) Do the benefits of the bill outweigh the collateral costs?

5) Are there better ways to achieve the same goal?

In the strict sense, HB 4147 appears to be an attempt to keep firearms out of the hands of criminals in the case when a background check cannot be completed in two days time. Will the bill succeed in this very narrow and limited goal? Absolutely. If we consider the broader goal of the bill--to keep guns out of the hands of criminals--HB 4147 will do little if any good. Intentionally slipping guns through the background check safety valve to a prohibited purchaser is a risky, if not impossible, undertaking with unreliable results. Criminals strongly prefer less risky sources for guns such as straw sales, corrupt FFL dealers, illegal street dealers, or stolen guns among other sources. Simply stated, HB 4147 would not reduce the availability of crime guns.

We already see in the state of Oregon many erroneous purchase denials that deny the rights of law abiding citizens. HB 4147 will result in more erroneous and arbitrary denials of rights. Furthermore, in the worst case scenario, the language set forth in HB 4147 gives unchecked power to the Oregon State Police who would then hold de facto power to shut down all firearm sales in the state by a simple act of omission. A power as great as this should not go unchecked. The safety valve language currently in Oregon law provides a check and a balance to the state police power.

HB 4147 provides a very minuscule and insignificant benefit in its ability to counter gun crime; on the other hand, the unintended consequences of the bill would range from moderate to catastrophic in severity.

How can we better reduce the availability of crime guns? Let's target the major sources identified by the ATF. Law enforcement should work with gun dealers to be able to better identify straw purchasers and comply with laws already in place. Gun dealers that sell guns illegally should be investigated and prosecuted. These are strategies that will make a difference.

As a resident and a voter in the state of Oregon, I ask you to consider my words and these same questions that I have enumerated as they relate to HB 4147 and decide wisely whether you support it.

Please protect my rights to self defense and gun ownership.

Sincerely,

Jonathan Osborne