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STATE 6A — THE OBSERVER TUESDAY, MAY 18, 2021 Second Amendment sanctuaries facing 1st court test in Oregon By LINDSAY WHITEHURST and ANDREW SELSKY Associated Press SALEM — The fi rst court test of whether local governments can ban police from enforcing certain gun laws is playing out in a rural Oregon county, one of a wave of U.S. counties declaring itself a Second Amendment sanctuary. The measure that voters in the logging area of Columbia County nar- rowly approved last year forbids local offi cials from enforcing most federal and state gun laws and could impose thousands of dollars in fi nes on those who try. Second Amendment sanctuary resolutions have been adopted by some 1,200 local governments in states around the U.S., including Virginia, Colorado, New Mexico, Kansas, Illinois and Florida, according to Shawn Fields, an assistant professor of law at Camp- bell University who tracks them. Many are symbolic, but some, like in Columbia County, carry legal force. The movement took off around 2018, as states con- sidered stricter gun laws in the wake of mass shoot- ings, including a high school shooting near Park- land, Florida, that killed 17 people and made survivors into high-profi le gun con- trol activists. After President Joe Biden took offi ce, conser- vative lawmakers in sev- eral states proposed ban- ning police from enforcing federal gun measures, and at least one proposal in Ari- zona has been signed into law. The movement hasn’t yet Andrew Selsky/Associated Press, File In this Feb. 19, 2021, photo, fi rearms are on display at a gun shop in Salem. The fi rst legal test of whether a wave of U.S. counties can legally declare themselves “Second Amendment Sanctuaries” and refuse to enforce certain gun laws is playing out in a rural Oregon logging county. The measure Columbia County voters narrowly ap- proved last year bans local offi cials from enforcing most federal and state gun laws, which includes things like universal background checks or any prohibition on carrying guns. faced a major legal chal- lenge. The Oregon case was fi led by Columbia County under an unusual provision in state law that allows a judge to examine a measure before it goes into eff ect. No timeline has been set for a court hearing. “This will allow the court to tell us whether the county can actually decline to enforce certain state laws, and it will tell us how to abide by the will of the voters to the extent that we can,” said Sarah Hanson, who serves as counsel in the conservative-leaning county in deep-blue Oregon. Supporters of the ordi- nance include the Oregon Firearms Federation, which said in a November state- ment that “extremists” and “big city radicals” were trying to curtail gun rights. The group referenced Portland protests opposing police brutality that occa- sionally turned violent last summer and called the ordinance a “common sense” step that would “ensure your right and ability to defend your life and the lives of your loved ones.” The ordinance would ban the enforcement of laws like background check requirements and restrictions on carrying a gun, though it would have exceptions for others, including keeping fi rearms from convicted felons. The Oregon Firearms Federation didn’t respond to a request for comment on the court case. Sheriff Brian Pixley has expressed support, saying in a March statement that one of his responsibilities is to uphold people’s Second Amendment rights and that he’s eager to “move for- ward with the will of the voters.” The measure is divisive locally, though, and four residents fi led court doc- uments opposing it. One, Brandee Dudzic, refer- enced the strict gun safety drills she learned in mili- tary medic training, saying she values the right to own a gun but believes it should come with safety measures like background checks and secure storage. A gun shop owner in Columbia County said he supports background checks and believes that “state law trumps the county law.” But he voted in favor of the Second Amendment measure on principle. “We need to make sure that people are safe. We need to make sure that people are responsible,” he said. “But as more rules are in place, we just need to make sure that we’re not overregulated.” He spoke on the con- dition he not be identifi ed because some of his cus- tomers take a hard line against gun restrictions and he didn’t want to lose their business. Everytown Law, an affi liate of the group Everytown for Gun Safety, is pushing for the mea- sure to be overturned. Managing Director Eric Tirschwell said it would be the nation’s fi rst court test amid the current wave of Second Amendment sanc- tuary laws. Everytown argues that the ordinance violates the U.S. Constitution, which says federal law super- sedes state law, as well as the state Constitution and an Oregon law that gives the state power to regulate fi rearms. The decision won’t have a direct eff ect outside Oregon but could send a message. “This case is important and should send the mes- sage that where state or local jurisdictions attempt to unconstitutionally or unlawfully nullify gun safety laws, we are pre- pared to and will go to court,” Tirschwell said. Other laws trying to blunt the eff ect of fed- eral gun restrictions hav- en’t fared well in court, including a 2009 Montana measure that made guns and ammunition manufac- tured in the state exempt from federal law and a similar 2013 measure in Kansas. Many of the latest wave of measures, though, take a diff erent tack by focusing on the actions of local police, including punish- ments like fi nes. In terms of federal law, gun rights advocates may have a successful legal argument under the so-called anti-comman- deering doctrine, which says the U.S. government can’t make state and local offi cials enforce federal law, said Darrell Miller, a professor of law at Duke Law School and co-faculty director of the Duke Center for Firearms Law. He agreed that the Oregon case is the fi rst of its kind. Local enforcement of state law, meanwhile, is another matter. Most states don’t have similar provisions in their own legal codes, and Oregon’s attorney general said in court documents that the Columbia County ordi- nance is “incompatible” with criminal law and the duties of county offi cials. “To the extent the local government is trying to say, ‘We’re also not going to enforce state law either’ ... that’s a much more diffi cult and complicated position,” Miller said. “The authority of the state over localities is much, much stronger.” STATE NEWS BRIEFS Legislation bars ‘gay panic’ defense in Oregon murder cases By PETER WONG Oregon Capital Bureau SALEM — A suspect could not assert so-called “gay panic” as a legal defense against second-de- gree murder in Oregon under a bill that is headed to Gov. Kate Brown. The Oregon House passed Senate Bill 704 without amendment on a 54-0 vote Thursday, May 13. The bill would bar the discovery of a victim’s sexual orientation or gender identity as a reasonable explanation for someone undergoing an extreme emotional disturbance as an affi rmative defense to second-degree murder. A person would not be justi- fi ed in using physical force against another person upon discovery of the victim’s sexual orientation or gender identity. Oregon would join 13 other states, plus Wash- ington, D.C., with similar laws. The Senate passed it, 29-1, on April 14; Repub- lican Dallas Heard of Rose- burg was the lone opponent. Though Senate Bill 704 does not bear any- one’s name, its passage comes less than a year after the stabbing death of Aja Raquell Rhone-Stevens, a 32-year-old transgender woman, in July 2020 in Northeast Portland. She was attending a vigil for another homicide victim. No one has been arrested in connec- tion with the case. She was one of a record 44 deaths tallied in 2020 by the Human Rights Cam- paign, a national advo- cacy group for lesbian, gay, bisexual, transgender and questioning (LGBTQ) people. Many of the victims are transgender people of color. The organization has tallied 23 deaths so far this year. “When we fi nally see justice for Aja’s murder, we can ensure that, when we show up to the court- room, her memory won’t be insulted by someone trying to use the panic defense to justify her death,” Dana Spears, her sister, said in a EO Media Group, File The Oregon House on a 54-0 vote Thursday, May 13, 2021, passed Senate Bill 704 prohibiting a suspect from using “gay panic” as a legal defense against second-degree murder in Oregon. The bill on April 14 cleared the Senate on a vote of 29-1. statement after the House vote. “I’m thankful to everyone in the commu- nity who used their voice for Aja, and saw this bill passed.” It was one of the priori- ties of Basic Rights Oregon, the state’s leading LGBTQ advocacy group. “This legislation states, unequivocally, in Oregon, there is never an excuse for violence against transgender people,” Mikki Gillette said on behalf of the group. Under current state law, a suspect can assert an affi rmative defense to sec- ond-degree murder if the extreme emotional distur- bance is not the result of the person’s own intentional, knowing, reckless or crim- inally negligent act and if there is a reasonable expla- nation for the disturbance. “These cases often involve incredible and brutal acts of violence,” Rep. Karin Power, D-Mil- waukie, the bill’s fl oor man- ager, said during House debate. “Defendants use these defenses to avoid full accountability on the grounds that actual or per- ceived sexual orientation or gender identity is reasonable in and of itself to be consid- ered adequate provocation. “Passage of this bill would send a strong and proactive message that the perpetrator of a second-de- gree murder will not be able to excuse the crime simply based on who the victim is.” Power, a lesbian, is one of four House chief sponsors of the bill. So is Rep. Rob Nosse, D-Portland, who has iden- tifi ed himself as gay for 30 years. He said he considered himself lucky that he was unable to think of a negative long-term consequence to himself or his husband for being gay. “But I know that is not true for every LGBT person in our state and country,” he said. Nosse described the 2020 death of Rhone-Stevens. “When we fi nally see justice for her murder, we want to ensure that we can show up to the courtroom and her memory is not insulted by someone trying to use the panic defense for her death,” he said. Also a chief sponsor is Rep. Janeen Sollman, D-Hillsboro, who said trans- gender women of color are more likely to be the targets of violence. “Many of these attacks are motivated by nothing other than the victim’s gender or orientation,” she said. “I have heard from constituents, friends and family on how important the passage of this bill is to them,” including a nephew who sent her a text message. “I was proud to say to him that I do know,” she said. Rep. Anna Williams is a Democrat from Hood River whose district includes Sandy, where a gay pride rally drew a counterprotest barely two months ago. “A law that excuses criminal behavior against certain groups of people is essentially a law that dimin- ishes the humanity of that group,” Williams said. 2 hurt after kidnapping, chase, gunfi re exchange SILVERTON — A Woodburn man has been accused of kidnapping a teenager and hurting a second person in an incident that police said included a vehicle chase and exchange of gunfi re with offi cers in Silverton. Oregon State Police said offi cers responded Wednesday, May 12, to a disturbance in Ger- vais where offi cers found a 22-year-old man with a gunshot wound who was taken to Salem Hospital, the Statesman Journal reported. Marion County Sher- iff ’s deputies and Silverton police began following the suspect who allegedly kid- napped a 17-year-old and fl ed in a Ford F-150. Police chased him through Sil- verton while offi cials say someone in the Ford fi red at offi cers. The suspect stopped on Highway 214 and gun- shots were exchanged with offi cers, police said. Some police vehicles were hit with bullets but no offi cers were hurt, police said. Kenneth Peden III, 20, was arrested and taken to the Marion County Jail where he is being held without bail, police said. The 17-year-old pas- senger was taken by heli- copter to a hospital with life-threatening injuries, according to police. Peden was arraigned May 13 on four counts of attempted murder, two counts of assault, attempted murder, kidnap- ping, and attempting to elude police, court docu- ments show. Lawsuit seeks $103M from public utilities over wildfi re PORTLAND — A law- suit fi led on behalf of 70 landowners in Oregon’s McKenzie River Valley seeks $103 million from Lane Electric Coopera- tive and Eugene Water and Electric Board for dam- ages linked to one of the Labor Day fi res that rav- aged communities around the state. The Holiday Farm fi re killed one person and destroyed 430 homes, The Oregonian/Oregon- Live reported. The plain- tiff s contend the two util- ities failed to de-energize their power lines despite widespread forecasts for extreme fi re weather. An offi cial cause of the fi re hasn’t been released, but the lawsuit says fi res started when tree branches contacted power lines east of Eugene. “The Holiday Farm Fire devastated our cli- ents’ homes, timber, and businesses. It was a life-al- tering event for our cli- ents,” said Rick Klingbeil of Salem Fire Lawyers. Joe Harwood, a spokes- person for the Eugene Water & Electric Board, said in an emailed state- ment the lawsuit “contains claims that are based upon a signifi cant factual error.” As designed, he said, the utility’s lines in the Hol- iday Farm area de-ener- gized automatically sev- eral hours before the blaze ignited on Sept. 7, 2020. Lane Electric Cooper- ative didn’t respond to a request for comment. The lawsuit, fi led Thursday, May 13, is one of multiple that claim utility negligence was responsible for much of the devastation. Pacifi Corp faces similar lawsuits from residents in the Beachie Creek and Santiam Canyon fi res, the Echo Mountain Complex near Lincoln City, the Archie Creek fi re along the North Umpqua, and the Slater fi re on the Oregon/California border. — Associated Press LESS STRESS MORE FUN! PROTECTING our Residents during this Pandemic GRANDE Ronde Retirement & Assisted Living 1809 Gekeler Ln. La Grande 541-963-4700
