I practiced criminal law in Benton county Oregon for 41 years. I never worked as a prosecutor, all defense.
I’m looking at the rise of armed groups appearing in public with some political agenda assuming they are all protected by the Second Amendment to the US Constitution. They are not, and are at risk of serious criminal charges. That is good news for all of us, because we are the victims of their crimes.
First off, ORS 166.660. In laymen’s terms it is a 5 year maximum felony to be involved with paramilitary training or planning. Anyone working with others to get a group to threaten persons or property is violating that law.
ORS 166.660 Unlawful paramilitary activity
(1)
A person commits the crime of unlawful paramilitary activity if the person:
(a)
Exhibits, displays or demonstrates to another person the use, application or making of any firearm, explosive or incendiary device or any technique capable of causing injury or death to persons and intends or knows that such firearm, explosive or incendiary device or technique will be unlawfully employed for use in a civil disorder; or
(b)
Assembles with one or more other persons for the purpose of training with, practicing with or being instructed in the use of any firearm, explosive or incendiary device or technique capable of causing injury or death to persons with the intent to unlawfully employ such firearm, explosive or incendiary device or technique in a civil disorder.
(2)
(a) Nothing in this section makes unlawful any act of any law enforcement officer performed in the otherwise lawful performance of the officer’s official duties.
(b)
Nothing in this section makes unlawful any activity of the State Department of Fish and Wildlife, or any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity, or any facility, program or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms, or any other lawful sports or activities related to the individual recreational use or possession of firearms, including but not limited to hunting activities, target shooting, self-defense, firearms collection or any organized activity including, but not limited to any hunting club, rifle club, rifle range or shooting range which does not include a conspiracy as defined in ORS 161.450 (“Criminal conspiracy” described) or the knowledge of or the intent to cause or further a civil disorder.
(3)
Unlawful paramilitary activity is a Class C felony.
(4)
As used in this section:
(a)
“Civil disorder” means acts of physical violence by assemblages of three or more persons which cause damage or injury, or immediate danger thereof, to the person or property of any other individual.
(b)
“Firearm” has the meaning given that term in ORS 166.210 (Definitions).
(c)
“Explosive” means a chemical compound, mixture or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as defined in ORS 480.111 (Definitions for ORS 480.111 to 480.165), black powder, smokeless powder, small arms ammunition and small arms ammunition primers.
(d)
“Law enforcement officer” means any duly constituted police officer of the United States, any state, any political subdivision of a state or the District of Columbia, and also includes members of the military reserve forces or National Guard as defined in 10 U.S.C. 101 (9), members of the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico or the District of Columbia not included within the definition of National Guard as defined by 10 U.S.C. 101 (9), members of the Armed Forces of the United States and such persons as are defined in ORS 161.015 (General definitions) (4) when in the performance of official duties. [1983 c.792 §2; 1987 c.858 §3; 2001 c.666 §§26,38; 2005 c.830 §27; 2009 c.610 §7; 2013 c.24 §12]
The second statute to protect us is the gun enhancement sentencing. If the State pleads and proves the person was engaged in illegal para military action, and was armed, five years prison do every day.
ORS 161.610 Enhanced penalty for use of firearm during commission of felony
pleading
minimum penalties
suspension or reduction of penalty
(1)
As used in this section, “firearm” has the meaning given that term in ORS 166.210 (Definitions).
(2)
The use or threatened use of a firearm, whether operable or inoperable, by a defendant during the commission of a felony may be pleaded in the accusatory instrument and proved at trial as an element in aggravation of the crime as provided in this section. When a crime is so pleaded, the aggravated nature of the crime may be indicated by adding the words “with a firearm” to the title of the offense. The unaggravated crime shall be considered a lesser included offense.
(3)
Notwithstanding the provisions of ORS 161.605 (Maximum terms of imprisonment for felonies) or 137.010 (Duty of court to ascertain and impose punishment) (3) and except as otherwise provided in subsection (6) of this section, if a defendant is convicted of a felony having as an element the defendant’s use or threatened use of a firearm during the commission of the crime, the court shall impose at least the minimum term of imprisonment as provided in subsection (4) of this section. Except as provided in ORS 144.122 (Advancing initial release date) and 144.126 (Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated) and subsection (5) of this section, in no case shall any person punishable under this section become eligible for work release, parole, temporary leave or terminal leave until the minimum term of imprisonment is served, less a period of time equivalent to any reduction of imprisonment granted for good time served or time credits earned under ORS 421.121 (Reduction in term of incarceration), nor shall the execution of the sentence imposed upon such person be suspended by the court.
(4)
The minimum terms of imprisonment for felonies having as an element the defendant’s use or threatened use of a firearm in the commission of the crime shall be as follows:
(a)
Except as provided in subsection (5) of this section, upon the first conviction for such felony, five years, except that if the firearm is a machine gun, short-barreled rifle, short-barreled shotgun or is equipped with a firearms silencer, the term of imprisonment shall be 10 years.
(b)
Upon conviction for such felony committed after punishment pursuant to paragraph (a) of this subsection or subsection (5) of this section, 10 years, except that if the firearm is a machine gun, short-barreled rifle, short-barreled shotgun or is equipped with a firearms silencer, the term of imprisonment shall be 20 years.
(c)
Upon conviction for such felony committed after imprisonment pursuant to paragraph (b) of this subsection, 30 years.
(5)
If it is the first time that the defendant is subject to punishment under this section, rather than impose the sentence otherwise required by subsection (4)(a) of this section, the court may:
(a)
For felonies committed prior to November 1, 1989, suspend the execution of the sentence or impose a lesser term of imprisonment, when the court expressly finds mitigating circumstances justifying such lesser sentence and sets forth those circumstances in its statement on sentencing; or
(b)
For felonies committed on or after November 1, 1989, impose a lesser sentence in accordance with the rules of the Oregon Criminal Justice Commission.
(6)
When a defendant who is convicted of a felony having as an element the defendant’s use or threatened use of a firearm during the commission of the crime is a person who was waived under ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) (5)(b)(A), 419C.349 (Grounds for waiving youth to adult court) (1)(b), 419C.352 (Grounds for waiving youth under 15 years of age), 419C.364 (Waiver of future cases) or 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases), the court is not required to impose a minimum term of imprisonment under this section. [1979 c.779 §2; 1985 c.552 §1; 1989 c.790 §72; 1989 c.839 §18; 1991 c.133 §3; 1993 c.692 §9; 1999 c.951 §3; 2005 c.407 §1; 2009 c.610 §5; 2019 c.634 §7]
Finally the bizarre but effective coercion statute. Coercion was created to combat organized crime and cartels. The idea is the criminal threatens other people with assault if the person doesn’t do what the criminal wants them to do. “If you don’t deliver the drugs we kill your wife”. However, it also works with any situation where the criminal says if you don’t do this (and you have the right to do it) we will do that.
ORS 163.275 Coercion
(1)
A person commits the crime of coercion when the person compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by means of instilling in the other person a fear that, if the other person refrains from the conduct compelled or induced or engages in conduct contrary to the compulsion or inducement, the actor or another will:
(a)
Unlawfully cause physical injury to some person;
(b)
Unlawfully cause physical injury to some animal;
(c)
Unlawfully cause damage to property;
(d)
Engage in conduct constituting a crime;
(e)
Falsely accuse some person of a crime or cause criminal charges to be instituted against the person;
(f)
Cause or continue a strike, boycott or other collective action injurious to some person’s business, except that such a threat is not deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act;
(g)
Testify falsely or provide false information or withhold testimony or information with respect to another’s legal claim or defense; or
(h)
Unlawfully use or abuse the person’s position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.
(2)
Coercion is a Class C felony. [1971 c.743 §102; 1983 c.546 §4; 1985 c.338 §1; 2007 c.71 §45; 2015 c.751 §1]
I am looking to see how my fellow citizens act through the next few days and months. If there are armed people in the streets advocating for something, and they are in an organized group, I need them arrested. Prosecuted. Incarcerated.
I am particularly interested to see if I can find an example of (h), abuse of position as public servant. I’m looking at you Mr. law enforcement officer.
I am not against free speech, free assembly, or gun ownership. I am against insurrectionists and armed thugs.