ELECTIONS
A8 • HERMISTONHERALD.COM
Second Amendment ordinance on
ballot may have shaky legal standing
By ALEX CASTLE
STAFF WRITER
Local voters have one county-
wide ballot measure to decide
on this November — Measure
30-145, also known as the Sec-
ond Amendment
Sanctuary
Ordinance.
But whatever fate the measure
meets on Nov. 3, it’s unclear how
the ordinance will prevent reg-
ulation of fi rearms for Umatilla
County residents.
Umatilla County District
Attorney Dan Primus has read the
measure and said his offi ce’s role
will continue as usual regardless
of the outcome.
“My understanding is we’ll
continue to follow the laws of the
state of Oregon,” he said. “When
we take the position we do at the
prosecutor’s offi ce in Umatilla
County, just as any other prosecu-
tor in the state, we take an oath to
uphold the law of the state of Ore-
gon. So, we’re going to continue
to do that.”
Umatilla County Sheriff Terry
Rowan, who is unopposed for
another four-year term in Novem-
ber, said he read the measure
“months ago” but wasn’t familiar
enough with it to offer an opinion.
“It all comes down to how
the document is worded, and
will it withstand litigation,” he
said. “That’s certainly always the
challenge.”
Measures bearing similar lan-
guage as Measure 140-35 and its
intent are before voters in Clat-
sop, Columbia and Coos counties,
while others were rejected from
the ballot in other counties, such
as Curry and Harney.
“This ordinance would prevent
Umatilla County and its employ-
ees from devoting resources or
participating in any way in the
enforcement of any law or regu-
lation that affected an individual’s
right to bear arms, fi rearm acces-
sories, or ammunition,” accord-
ing to the Umatilla County vot-
ers’ pamphlet. “County offi cials
could still comply with fi rearms
laws that relate to convicted fel-
ons, could still participate in the
enforcement of fi rearm crimes,
and could still take any actions
WEDNESDAY, OCTOBER 14, 2020
Two compete for seat on
Morrow County Board
of Commissioners
“We have great employees,
and need to let them work,” he
said.
Morrow County voters will
Doherty said he is running
have a choice between incum- for another term on the board of
bent Jim Doherty and challenger commissioners because he has
Joel Peterson for Position 1 on greatly enjoyed his time on the
the Morrow County Board of board and wants to continue the
work he has started.
Commissioners on Nov. 3.
“I probably have more passion
Doherty, a Boardman cat-
tle rancher who has held the for the job now than I did when
I got started,” he said. “I
seat since 2016, came
just love the work.”
in fi rst in the primaries
Despite being a fi rst-
with 41.56% of the vote.
term
commissioner,
Peterson, an Ione wheat
Doherty was elected as
farmer, came in second
president of the Associa-
with 38.25% of the vote
tion of Oregon Counties,
in the spring.
Peterson
and said he has been able
Peterson has served
to be a voice for Morrow
on a long list of boards
County in the state and
and committees, includ-
work with state and fed-
ing the Morrow County
eral lawmakers.
Planning
Commission,
He was born and raised
Bank of Eastern Oregon
in the very southernmost
board, Ione School Board
part of Morrow County
and the budget commit-
Doherty
and now lives in Board-
tee for the Port of Mor-
man, but said he doesn’t
row. He was born in Hep-
pner and attended Ione schools, like to ever use the terms “north
and raised his children there. He county” and “south county.”
“If you continue to talk in the
said one of his biggest focuses if
elected would be to help bring language of north county and
the north and south ends of the south county, it just drives divi-
county together and fi nd projects siveness,” he said.
That being said, he recog-
that would benefi t both sides,
nized that different communities
despite their unique differences.
“I think my experience will in Morrow County face different
challenges, and he wants to see
help us work together,” he said.
While Boardman and Irrigon communities, such as Lexington
have experienced rapid growth, — which he described as in dan-
communities to the south have ger of being unincorporated and
seen a stagnation. But Peterson “absorbed” into the county —
said there are opportunities to get the extra attention they need
help bring more growth to com- to improve.
He said he is particularly
munities like Heppner, such as
creating a rural residential zone interested in beefi ng up transit
there. He said he also wants options in that area.
Peterson and Doherty par-
to see a focus on better broad-
band internet access throughout ticipated in a candidate forum
the county, which could allow hosted by the Boardman Cham-
people to live in small Morrow ber of Commerce on Oct. 2,
County cities while working where they answered questions
from home for larger companies. from the moderator and from
Peterson also said he wanted participants on subjects, such as
to take a hard look at “what the the most pressing infrastructure
commissioners should be doing needs in the county who their top
and whether they’re overreach- campaign contributors are.
Video of the hour-long forum
ing” by being over-involved in
day-to-day operations rather than can be found online at www.face-
book.com/ChamberBoardman.
focusing on policy setting.
By JADE MCDOWELL
NEWS EDITOR
Ben Lonergan/Hermiston Herald, File
Firearms line the wall of Smitty’s Ace Outpost in Hermiston on Feb. 5,
2020. The store is one of several locations in Umatilla County where voters
can sign a petition to declare Umatilla County a Second Amendment
Sanctuary.
necessary to comply with court
orders.”
Individuals who violate the
ordinance would be subject to a
$2,000 fi ne, the measure states,
and “corporations” would be sub-
ject to a $4,000 fi ne. The measure
includes exceptions for regulation
of fi rearms for those convicted of
felony crimes or the prosecution
of crimes involving fi rearms, and
allows for an individual’s “vol-
untary” participation in fi rearm
regulation.
If it were to pass, the Second
Amendment Sanctuary Ordinance
may subvert Oregon law and
could face legal challenges.
A revised state statute, ORS
166.170, explicitly gives the Ore-
gon Legislature sole authority to
regulate fi rearms in the state and
voids any “county, city or other
municipal” ordinance that con-
fl icts with that authority without
the support of a state statute.
Sheriffs in other counties
where similar ordinances are up
to the voters have weighed in,
however, and expressed concern
with the liabilities it may open
their offi ces up to.
Rowan said he’s a supporter
of the Second Amendment but
didn’t know how the ordinance
would impact his offi ce’s law
enforcement, if at all, except for
the understanding that regula-
tions regarding felons possess-
ing fi rearms and policing crimes
involving them would still be
enforceable.
“We’ll just have to see how it
all plays out,” Rowan said.
Umatilla County Counsel
Doug Olsen didn’t return multi-
ple requests for comment on the
ordinance.
Regardless of what voters
decide on Measure 30-145, Uma-
tilla County already approved an
ordinance to protect the right to
bear arms in 2018 with 65% of
the vote.
The Second Amendment Pres-
ervation Ordinance, which would
not be altered or removed by the
passage of the sanctuary ordi-
nance, currently restricts the
county from using resources to
enforce state or federal laws that
infringe on the constitutional
right to keep and bear arms, while
simultaneously granting the sher-
iff the authority to rule on the con-
stitutionality of those laws.
In 2008, the U.S. Supreme
Court ruled in District of Colum-
bia v. Heller that the Second
Amendment right to bear arms
was not unlimited and could be
regulated.
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