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Testimony in Favor of HB3005

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Testimony in Favor of HB3005 Written Testimony in Favor of HB3005: Related to State Preemption of firearm regulation: Re- peals statute creating state preemption of local firearm regulation and statutes creating excep- tions to preemption. To: House Committee on Judiciary Chair: Rep. Janelle Bynum Vice Chair: Rep Ron Noble Vice Chair: Karin Power Members: Representatives Maxine Dexter, Ken Helm, Jason Kropf, Rick Lewis, Lily Morgan, Kim Wallan, Marty Wilde Thank you for this opportunity to strongly urge you to approve HB3005. This bill would allow local communities to create ordinances restricting open carry of firearms into public spaces thus protecting the public from experiencing intimidation, threat, and harm. This bill would not restrict those with concealed carry permits from continuing to exercise their 2nd Amendment rights. Why is this bill important to us? Here is why. On Saturday October 17, 2020, we participated in cleaning up Bush Pasture Park, by joining a multiracial group of young adults who had organized an afternoon of trash removal in the park. Just prior to our joining the multiracial group of young adults, we witnessed them being ha- rassed and threatened by a group of white Proud Boys who were marching around the park menacing and taunting them. It was obvious the Proud Boys wanted an altercation. The Proud Boys had weapons openly on display: long knives, baseball bats, iron fireplace pokers, hand guns and rifles. The firearms were brandished about in a threatening manner to- ward our group. The Salem Police Department was on park property that day, but not within eyesight of the menacing behavior, and told us later that due to State of Oregon laws, the police department is restricted in what they can do. Specifically, Police are unable to restrict or even inspect openly carried weaponry (to ensure that the weapons are unloaded) unless there is clear reason to be- lieve a law is being broken at that moment. And, we did not report the menacing behavior at that moment because we did not spot a police officer while we were in the park. After completing our trash pick up activity, we thanked the group we had joined for their work and began to walk toward home. Stationed between us and our home, on Bush Park property, was a loud raucous political rally. As we walked on the paved path, we noticed at least two members at that political rally had raised their rifles to sight us, and trained their weapons on us as we approached. Could the reason we were targets for shooting be our Black Lives Matter T-shirts? The rifles remained trained on us as we made a wide arc around the political rally and thankful- ly, the weapons were not fired at us. But, we were traumatized. And baffled that such behav- ior could happen in our neighborhood public park. We reported this incident in writing shortly after returning home on October 17th, to the Salem Police Department, the Salem City Council, the Mayor of Salem, the City Manager, the Human Rights Commission Chair, Representative Clem, Senator Courtney, and Governor Brown. We received a written response from the City Attorney of Salem stating that unfortunately the State of Oregon prevents local jurisdictions from limiting open carry in public places, specifical- ly saying that the State “preempts” cities from restricting open carry. This is what HB3005 would fix. October 17th was a balmy Autumn day, Bush Park was filled with young children on scooters, elderly people slowly walking on paths, small family groups at picnic tables, book clubs in so- cially distanced circles under the trees, and a multiracial group of young adults carrying plastic bags and picking up trash. Under no circumstances should any community be required to allow a small group of openly armed, verbally intimidating people to destroy the tranquility of their public spaces and threat- en the lives of everyone. Tragedy and bloodshed did not happen in Bush Park on October 17, 2020, but people were traumatized and harm was inflicted. Surely we do not have to wait for people to be killed in Bush Park before HB3005 is approved. Please approve this needed change in our State laws. Thank You, Joan and Jim Stembridge Salem, Oregon .
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