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The Chronicle & The Chief
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Wednesday, February 22, 2023
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County’s gun safety ordinance invalidated JEREMY C. RUARK Country Media, Inc.
The Oregon Court of Appeals has invalidated a Columbia County ordinance that claims to nullify state and federal gun safety laws within the county. The ordinance was adopted by the Columbia County Board of Commissioners in March of 2021. It had been preceded by two similar voter-enacted measures. After adopting the 2021 ordinance, the county brought a legal proceeding asking the courts to determine whether the ordinance is valid. The Oregon Department of Justice (DOJ) appeared in the proceeding, arguing that the ordinance violates state law and is invalid. “Oregon’s gun safety laws exist to protect all Oregonians. Local ordinances declaring those measures to be unenforceable put people at unnecessary risk and they are illegal! Today’s opinion by the Court of Appeals makes it clear that common sense requirements like safe storage and background checks apply throughout Oregon,” Oregon Attorney General Rosenblum said. “Hopefully, other counties with similar measures on the books will see the writing on the wall. But we have successfully fought these measures in three counties so far, and we will keep fighting them!” The trial court ultimately declined to rule on the measure, ruling that Columbia County could not instigate legal proceedings if it
did not intend to defend the legality of its ordinance. What the ruling means In today’s decision, the Oregon Court of Appeals first decided that the trial court was wrong to dismiss the matter. The purpose of validation proceedings is for state courts to decide whether local ordinances are valid, and a local government does not need to be confident its measure is valid in order to take advantage of the process. Rosenblum said the Court of Appeals also determined that the Columbia County ordinance violates state law, as DOJ has argued all along. The decision of the Court of Appeals is a statewide appellate decision with ramifications for other similar ordinances in other counties, she said. DOJ successfully fought similar nullification measures in Yamhill and Harney Counties, according to a release from Rosenblum’s office. County reaction In a statement released by Columbia County Feb. 17, County Commissioner Casey Garret said that county voters voiced their desire for an ordinance to help better protect the county’s Second Amendment rights. “The Second Amendment Sanctuary Ordinance was adopted by the Columbia County Board of
The Oregon Department of Justice had argued that the county ordinance violates state law and is invalid.
Commissioners to implement the intent of the voters, Garrett said. “But the reality is that counties don’t necessarily have the authority to make those decisions.” In 2018 and 2020 voters approved two measures, the Second Amendment Preservation Ordinance and the Second Amendment Sanctuary Ordinance, respectively. The Columbia County Board of Commissioners combined the two measures into a single ordinance which was adopted in March of 2021. Several important legal questions about the authority of a
county governing body to enact the Second Amendment Sanctuary Ordinance were raised, according to the statement released by Columbia County. To gain clarity and avoid costly future litigation, the county filed a “Petition for Validation of Local Government Action” with the Columbia County Circuit Court. This authorized the court to conduct a judicial examination of the ordinance and provide a judgment as to its legality. When the judge decided not to perform a judicial review, the county filed an appeal to request a review of the decision not to pro-
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vide clarity on the legal questions surrounding the ordinance, according to Columbia County Counsel Sarah Hanson. “We asked the Court of Appeals to determine if it was lawful for the local court to refuse to provide a judgment as to the legality of the ordinance,” Hanson said. “The county was not seeking to invalidate the ordinance, only to get answers to the many legal questions raised by it.” Follow developments here online and in the Wednesday print editions of The Chronicle.
State again offering homeowner funding assistance STAFF REPORT Country Media, Inc.
Oregon Housing and Community Services (OHCS) will resume accepting new applications for the Oregon Homeowner Assistance Fund (HAF) Program on March 8. The agency estimates there are enough funds to support about 700 additional eligible homeowners. The program offers federal temporary COVID-19 emergency mortgage relief intended to support homeowners who have experienced severe financial hardships due to the pandemic. It provides funding for past-due mortgages and other housing expenses, as well as ongoing payment assistance, to a limited number of homeowners with low to moderate incomes. The pause that began on Nov. 30, 2022, allowed OHCS to assess current applications in its queue, complete minor system maintenance and upgrades, and better project the amount of HAF funds
remaining for homeowners. As an exception during the pause, the program has continued serving the most at-risk homeowners. OHCS is accepting new applications submitted by housing counselors on behalf of homeowners who are in a judicial action or have a verified foreclosure sale date. “Keeping families in their homes has been a collaborative effort with Oregon’s housing counseling agencies, which provide advice and advocacy for struggling homeowners across the state,” Homeowner Assistance Programs Assistant Director Ryan Vanden Brink said. “If you are a homeowner falling behind, don’t delay, reach out to a state approved homeownership center right away.” HAF will reopen with a focus on homeowners in active foreclosure and those traditionally underserved by mortgage markets. Homeowners can learn more about eligibility requirements and, if eligible, apply online starting
eligible, there is no guarantee their application will be funded. Other loss mitigation options depend on a homeowner’s mortgage and their servicer. Homeowners should evaluate all their options. Free help is available
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OHCS is accepting new applications submitted by housing counselors on behalf of homeowners who are in a judicial action or have a verified foreclosure sale date.
March 8, at oregonhomeownerassistance.org. Limited funds HAF funding is limited. The state is prioritizing Oregon households that are at the highest risk of foreclosure. Once the $72 million of funding available for homeowners is gone, the program will close. Even if homeowners are
Homeowners can get free help from certified housing counselors around the state to learn about budgeting tools and evaluation of options to keep their homes, such as modifications, adding deferred payments to the end of a mortgage, or HAF. Housing counselors are knowledgeable, experienced, and dedicated professionals who can help homeowners communicate with their mortgage servicers. Search the full list of free certified housing counselors by county. Homeowners should be aware that some housing counseling agencies take longer to respond due to remote working policies. In addition to connecting with a certified housing counselor, Oregon homeowners should directly contact
their mortgage servicers and lenders to see what types of mortgage assistance and foreclosure prevention programs are available. Homeowners who communicate with their lenders and servicers have some additional protections and usually have more time to figure out their options. Avoiding fraud The Oregon Department of Consumer and Business Services recommends being extremely cautious with offers to help from unauthorized companies or people. Homeowners are urged not to provide financial or personal information unless they verify the company or person’s licensing status. It does not cost anything to apply for the HAF program or meet with an Oregon housing counselor. There are a number of common warning signs homeowners should watch out for that may indicate a
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Forestry Board continues habitat conservation plan WILL CHAPPELL Country Media, Inc.
Work on the habitat conservation plan for Western Oregon’s state forests will continue as planned. The follows a motion to start a new, duplicate process narrowly failed to pass at the latest Oregon
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Vol. 141, No. 8
Board of Forestry meeting. Future remains murky Despite the motion’s failure, the future of the habitat conservation plan, or HCP, remains murky after downward adjustments to harvest projections late last year have drawn concern from the board and the counties and special districts that rely on timber revenues. The virtual special meeting on February 15 was called at the request of two board members. They wished to discuss progress on the HCP after harvest projections in the transitional implementation plan set to be rolled out in July have drawn consternation. ODF’s State Forest Division Chief Mike Wilson started the meeting by giving the board an update on a new transitional implementation plan and work on the habitat conservation plan. While not the final HCP, the transitional implementation plan that is set to be enacted on July 1, is a good predictor of the harvest yields that would be allowed under the HCP. The implementation plan is designed to transition from the old forest management plan to the new one scheduled to be rolled out in conjunction with the HCP in July 2025. Interim projections presented to the board last summer predicted har-
The Oregon Board of Forestry has voted to continue developing its current habitat conservation plan.
vest levels around 225 million board feet annually, down slightly from the 247 million board feet averaged between 2000 and 2021. However, projections released in January following model solution review last fall that are being used in the transitional implementation plan cut harvest projections drastically further, to between 165 and 182.5 million board feet annually.
Wilson said that the cuts came based on more detailed consideration of the conditions in specific groves, mentioning Swiss needle cast and off-site seed as examples of limiting factors in Tillamook State Forest. Wilson stressed that the harvest projections from the implementation plan were not the final projections for the HCP. He said that those final projections would be presented to
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the board with a variety of conservation and harvest options at their June meeting. The balance Board Member Joe Justice followed the presentation by saying
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