A Clackamas County judge on Thursday declined to lift a protective order that allowed authorities to seize a former Marine’s cache of guns for at least a year after they said he made multiple death threats against anti-fascist activists.

Shane Michael Kohfield, 32, appeared in court to argue why his public statements and a letter he sent to a Texas congressman that outlined his plans weren’t sufficient cause to disarm him under Oregon’s new “red flag” law.

After more than two hours of testimony, Circuit Judge Katherine Weber sided with the claims made by Clackamas County that Kohfield, a Canby resident, should not possess any of his guns.

“I do find, by clear and convincing evidence, that you do present a risk of causing physical injury or harm to you or another person in the immediate or near future,” she said.

Members of the Portland area’s FBI Joint Terrorism Task Force had sought an “extreme risk protection order” against Kohfield after he appeared at a protest outside Portland Mayor Ted Wheeler’s home in July. During a speech, he threatened to “slaughter” anti-fascist activists, commonly known as antifa, if they tried to kill him or other conservatives.

Kohfield, an Iraq War veteran with a history of mental illness, delivered his remarks wearing body armor and a “Make America Great Again” baseball hat. He had a large knife strapped to one shoulder and a copy of his concealed weapons permit displayed on the other.

Court records show Kohfield first landed on the FBI’s radar in March after he sent a letter to Texas Republican Rep. Dan Crenshaw that detailed how he and other veterans would systematically kill antifa members if Congress didn’t take steps to declare them a terrorist organization.

Throughout the hearing, Kohfield, who didn’t have a lawyer, said he had no desire to harm members of antifa and had hoped his threats would deter others from engaging in violent acts. He insisted that he would use physical or deadly force against his political rivals only to defend himself.

The Clackamas County sheriff’s deputy who was assigned to investigate Kohfield forcefully disagreed during his testimony.

“He’s not talking about self-defense.” said Jeremy Stinson, who also serves on the area’s Joint Terrorism Task Force. “He’s talking about slaughter, he’s talking about murder, he’s talking about going out and finding people in their homes and killing them.”

According to court documents and testimony, Kohfield was served with the protection order Aug. 7. Authorities also had him committed to a veteran’s hospital in Portland, where he spent the next 20 days.

Kohfield suffers from bipolar disorder and post-traumatic stress disorder, medical records show. He lives with his father and receives disability payments for physical and psychological injuries he sustained during two tours of duty in Iraq, according to the records.

Extreme risk protection orders, introduced in Oregon in 2018, allow authorities to take guns from people not convicted of a crime but who show signs they might shoot themselves or someone else. If granted, the person named in the order is required to turn over all guns to law enforcement, a qualified third party or gun dealer.

Each order stands for a year but can be extended indefinitely. Those who have their guns removed can appeal the decision.

Judges statewide received 132 extreme risk protection order petitions through August 2019 and granted 107 of them, according to figures provided by the Oregon Judicial Department. Kohfield’s is only the sixth approved in Clackamas County.

Records show Kohfield ultimately turned over 11 guns, including pistols, shotguns and an AR-15. They are now being held by his father, Gary Kohfield.

After the hearing, Shane Kohfield said he was disappointed by the judge’s ruling but would continue his fight against the protective order.

“This is still a win to me,” he added. “Everything I did was to protect my country. And to avoid violence.”

-- Shane Dixon Kavanaugh; 503-294-7632

Email at skavanaugh@oregonian.com

Follow on Twitter @shanedkavanaugh

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