State-wide and locally it is no longer unusual to see guns at political events. For the first time I can recall, a few people openly carry side-arms at some Coos County Commissioner’s meetings.
Writing in last November’s New York Times, Mike McIntire said, “Across the country, openly carrying a gun in public is no longer just an exercise in self-defense – increasingly it is a soap box for elevating one’s voice and, just as often, quieting someone else’s.” He also said over half of “all armed protests occurred in just 10 states including Oregon. According to a March 22 report from Oregon’s Secretary of State, Oregon ranked sixth in the nation in the number of violent, extremist attacks from 2011 to 2020 despite ranking only 27th in population.
Guns and private militias are an especially dangerous combination. Militias were an integral part of the January 6 insurrection. Five days atter the insurrection local radio personality Rob Taylor tried to have Enrique Tarrio, leader of the Proud Boys, a militia involved in he rioting on his show. Unfortunately, Mr. Tarrio was unavailable “Due to arrest”.
In a paper for the Brennan Center for Justice Attorney and Constitutional expert Mary McCord said, “Tragic as the loss of lives, serious injuries, property damage, and undermining of democracy were on January 6, one can only imagine the carnage that likely would have occurred if the District of Columbia allowed the open carrying of firearms like many states.”
Since 1983 it has been a crime in Oregon to engage in “Unlawful Paramilitary Activity.” HB2572 introduced in the Oregon House would strengthen this law. The bill more precisely defines activities that would be illegal and clarifies what is not unlawful. Violations would continue to be a class C felony.
HB2572 authorizes any person injured by unlawful paramilitary activity to bring a civil action for damages and injunctive relief. The bill also authorizes Oregon’s Attorney General to seek injunctive relief against people engaging in or about to engage in illegal militia conduct.
Critics of HB2572 assert it violates the right of freedom of association under the first amendment and the right to bear arms under the second amendment and Article I, section 27 of the Oregon Constitution. However paramilitary activity of the type HB2572 prohibits is unlawful in all 50 states. Multiple courts including the Supreme Court has ruled these laws Constitutional.
