Bill Text: OR SB700 | 2013 | Regular Session | Engrossed

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Bill Title: Relating to firearms; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB700 Detail]

Download: Oregon-2013-SB700-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3148

                           A-Engrossed

                         Senate Bill 700
                   Ordered by the Senate May 7
             Including Senate Amendments dated May 7

Sponsored by COMMITTEE ON JUDICIARY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Requires person to request criminal background check before
transferring firearm to any other person   { - outside the
transferor's immediate family - } . { +  Specifies exceptions to
background check requirement for family members, inherited
firearms and antique firearms. + }
  Punishes violation with maximum term of 30 days' imprisonment,
$1,250 fine, or both for first offense, maximum term of one
year's imprisonment, $6,250 fine, or both for second offense, and
maximum term of five years' imprisonment, $125,000 fine, or both
for third or subsequent offense.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to firearms; creating new provisions; amending ORS
  166.412, 166.432, 166.433, 166.436, 166.438, 166.441, 166.460
  and 181.150; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.436 is amended to read:
  166.436. (1) The Department of State Police shall make the
telephone number established under ORS 166.412 (5) available for
requests from persons other than gun dealers for criminal
background checks under this section.
  (2)   { - Prior to transferring a firearm, - }  { +  Except as
provided in subsection (10) of this section and ORS 166.438, + }
a transferor other than a gun dealer may   { - request by
telephone - }  { +  not transfer a firearm unless the transferor
completes and retains the form described in ORS 166.441 and
requests + } that the department conduct a criminal background
check on the recipient   { - and shall provide the following
information to the department - }   { + by + }:
   { +  (a) Making the request by telephone to the number
described in subsection (1) of this section; or
  (b) Completing the criminal background check through a gun
dealer as provided in ORS 166.412 (13).
  (3) Except as provided in subsection (10) of this section, the
transferor shall provide the following information to the
department: + }
  (a) The name, address and telephone number of the transferor;
  (b) The make, model, caliber and manufacturer's number of the
firearm being transferred;
  (c) The name, date of birth, race, sex and address of the
recipient;
  (d) The Social Security number of the recipient if the
recipient voluntarily provides that number;
  (e) The address of the place where the transfer is occurring;
and
  (f) The type, issuer and identification number of a current
piece of identification bearing a recent photograph of the
recipient presented by the recipient. The identification
presented by the recipient must meet the requirements of ORS
166.412 (4)(a).
    { - (3)(a) - }  { +  (4)(a) + } Upon receipt of a request for
a criminal background check under this section, the department
shall immediately, during the telephone call or by return call:
  (A) Determine from criminal records and other information
available to it whether the recipient is disqualified under ORS
166.470 from completing the transfer or is otherwise prohibited
by state or federal law from possessing a firearm; and
  (B) Notify the transferor when a recipient is disqualified from
completing the transfer or provide the transferor with a unique
approval number indicating that the recipient is qualified to
complete the transfer. The unique approval number is a permit
valid for 24 hours for the requested transfer. If the firearm is
not transferred from the transferor to the recipient within 24
hours after receipt of the unique approval number, a new request
must be made by the transferor.
  (b) If the department is unable to determine whether the
recipient is qualified for or disqualified from completing the
transfer within 30 minutes of receiving the request, the
department shall notify the transferor and provide the transferor
with an estimate of the time when the department will provide the
requested information.
    { - (4) - }  { +  (5) + } A public employee or public agency
incurs no criminal or civil liability for performing the criminal
background checks required by this section, provided the employee
or agency acts in good faith and without malice.
    { - (5)(a) - }   { + (6)(a) + } The department may retain a
record of the information obtained during a request for a
criminal background check under this section for the period of
time provided in ORS 166.412 (7).
  (b) The record of the information obtained during a request for
a criminal background check under this section is exempt from
disclosure under public records law.
    { - (6) - }  { +  (7) + } The recipient of the firearm must
be present when the transferor requests a criminal background
check under this section.
    { - (7)(a) - }  { +  (8)(a) + } Except as otherwise provided
in   { - paragraphs (b) and (c) - }   { + paragraph (b) + } of
this subsection, a transferor who receives   { - notification - }
 { +  a unique approval number from the department + } under this
section { +  indicating  + }that the recipient is qualified to
complete the transfer of a firearm { + , has the recipient fill
out the form required by ORS 166.438 (1)(a) and retains the form
as required by ORS 166.438 (2) + } is immune from civil liability
for any use of the firearm from the time of the transfer unless
the transferor knows, or reasonably should know, that the
recipient is likely to commit an unlawful act involving the
firearm.
    { - (b) If the transferor is required to request a criminal
background check under ORS 166.438, the immunity provided by
paragraph (a) of this subsection applies only if, in addition to
receiving the notification required by this section, the
transferor has the recipient fill out the form required by ORS

166.438 (1)(a) and retains the form as required by ORS 166.438
(2). - }
    { - (c) - }  { +  (b) + } The immunity provided by paragraph
(a) of this subsection does not apply:
  (A) If the transferor knows, or reasonably should know, that
the recipient of the firearm intends to deliver the firearm to a
third person who the transferor knows, or reasonably should know,
may not lawfully possess the firearm; or
  (B) In any product liability civil action under ORS 30.900 to
30.920.
   { +  (9)(a) Except as provided in this subsection, a person
who fails to comply with the requirements of subsection (2) of
this section commits a Class C misdemeanor.
  (b) A person who fails to comply with the requirements of
subsection (2) of this section commits a Class A misdemeanor if
the person has a previous conviction under this section at the
time of the offense.
  (c) A person who fails to comply with the requirements of
subsection (2) of this section commits a Class C felony if the
person has two or more previous convictions under this section at
the time of the offense.
  (10) The requirements of subsections (2) and (3) of this
section do not apply to:
  (a) A person transferring a firearm to:
  (A) The person's spouse or domestic partner;
  (B) The person's parent or stepparent;
  (C) The person's child or stepchild;
  (D) The person's sibling;
  (E) The person's grandparent;
  (F) The person's grandchild; or
  (G) The spouse or domestic partner of a person specified in
subparagraphs (B) to (F) of this paragraph.
  (b) A transfer that occurs because of the death of a firearm
owner and the transferor is a personal representative as defined
in ORS 111.005 or a trustee of a trust created in a will.
  (c) As used in this subsection, 'domestic partner' means a
partner joined in a domestic partnership as defined in ORS
106.310. + }
  SECTION 2. ORS 166.412 is amended to read:
  166.412. (1) As used in this section:
  (a) 'Antique firearm' has the meaning given that term in 18
U.S.C. 921;
  (b) 'Department' means the Department of State Police;
  (c) 'Firearm' has the meaning given that term in ORS 166.210,
except that it does not include an antique firearm;
  (d) 'Firearms transaction record' means the firearms
transaction record required by 18 U.S.C. 921 to 929;
  (e) 'Firearms transaction thumbprint form' means a form
provided by the department under subsection (11) of this section;
  (f) 'Gun dealer' means a person engaged in the business, as
defined in 18 U.S.C. 921, of selling, leasing or otherwise
transferring a firearm, whether the person is a retail dealer,
pawnbroker or otherwise;
  (g) 'Handgun' has the meaning given that term in ORS 166.210;
and
  (h) 'Purchaser' means a person who buys, leases or otherwise
receives a firearm from a gun dealer.
  (2) Except as provided in subsections (3)(c) and (12) of this
section, a gun dealer shall comply with the following before a
handgun is delivered to a purchaser:
  (a) The purchaser shall present to the dealer current
identification meeting the requirements of subsection (4) of this
section.
  (b) The gun dealer shall complete the firearms transaction
record and obtain the signature of the purchaser on the record.

  (c) The gun dealer shall obtain the thumbprints of the
purchaser on the firearms transaction thumbprint form and attach
the form to the gun dealer's copy of the firearms transaction
record to be filed with that copy.
  (d) The gun dealer shall request by telephone that the
department conduct a criminal history record check on the
purchaser and shall provide the following information to the
department:
  (A) The federal firearms license number of the gun dealer;
  (B) The business name of the gun dealer;
  (C) The place of transfer;
  (D) The name of the person making the transfer;
  (E) The make, model, caliber and manufacturer's number of the
handgun being transferred;
  (F) The name and date of birth of the purchaser;
  (G) The Social Security number of the purchaser if the
purchaser voluntarily provides this number to the gun dealer; and
  (H) The type, issuer and identification number of the
identification presented by the purchaser.
  (e) The gun dealer shall receive a unique approval number for
the transfer from the department and record the approval number
on the firearms transaction record and on the firearms
transaction thumbprint form.
  (f) The gun dealer may destroy the firearms transaction
thumbprint form five years after the completion of the firearms
transaction thumbprint form.
  (3)(a) Upon receipt of a request of the gun dealer for a
criminal history record check, the department shall immediately,
during the gun dealer's telephone call or by return call:
  (A) Determine, from criminal records and other information
available to it, whether the purchaser is disqualified under ORS
166.470 from completing the purchase; and
  (B) Notify the dealer when a purchaser is disqualified from
completing the transfer or provide the dealer with a unique
approval number indicating that the purchaser is qualified to
complete the transfer.
  (b) If the department is unable to determine if the purchaser
is qualified or disqualified from completing the transfer within
30 minutes, the department shall notify the dealer and provide
the dealer with an estimate of the time when the department will
provide the requested information.
  (c) If the department fails to provide a unique approval number
to a gun dealer or to notify the gun dealer that the purchaser is
disqualified under paragraph (a) of this subsection before the
close of the gun dealer's next business day following the request
by the dealer for a criminal history record check, the dealer may
deliver the handgun to the purchaser.
  (4)(a) Identification required of the purchaser under
subsection (2) of this section shall include one piece of current
identification bearing a photograph and the date of birth of the
purchaser that:
  (A) Is issued under the authority of the United States
Government, a state, a political subdivision of a state, a
foreign government, a political subdivision of a foreign
government, an international governmental organization or an
international quasi-governmental organization; and
  (B) Is intended to be used for identification of an individual
or is commonly accepted for the purpose of identification of an
individual.
  (b) If the identification presented by the purchaser under
paragraph (a) of this subsection does not include the current
address of the purchaser, the purchaser shall present a second
piece of current identification that contains the current address
of the purchaser. The Superintendent of State Police may specify
by rule the type of identification that may be presented under
this paragraph.
  (c) The department may require that the dealer verify the
identification of the purchaser if that identity is in question
by sending the thumbprints of the purchaser to the department.
  (5) The department shall establish a telephone number that
shall be operational seven days a week between the hours of 8
a.m.  and 10 p.m. for the purpose of responding to inquiries from
dealers for a criminal history record check under this section.
  (6) No public employee, official or agency shall be held
criminally or civilly liable for performing the investigations
required by this section provided the employee, official or
agency acts in good faith and without malice.
  (7)(a) The department may retain a record of the information
obtained during a request for a criminal   { - records - }
 { + history record + } check for no more than five years.
  (b) The record of the information obtained during a request for
a criminal   { - records - }   { + history record + } check by a
gun dealer is exempt from disclosure under public records law.
  (8) A law enforcement agency may inspect the records of a gun
dealer relating to transfers of handguns with the consent of a
gun dealer in the course of a reasonable inquiry during a
criminal investigation or under the authority of a properly
authorized subpoena or search warrant.
  (9) When a handgun is delivered, it shall be unloaded.
  (10) In accordance with applicable provisions of ORS chapter
183, the Superintendent of State Police may adopt rules necessary
for:
  (a) The design of the firearms transaction thumbprint form;
  (b) The maintenance of a procedure to correct errors in the
criminal records of the department;
  (c) The provision of a security system to identify dealers who
request a criminal history record check under subsection (2) of
this section; and
  (d) The creation and maintenance of a database of the business
hours of gun dealers.
  (11) The department shall publish the firearms transaction
thumbprint form and shall furnish the form to gun dealers on
application at cost.
  (12) This section does not apply to transactions between
persons licensed as dealers under 18 U.S.C. 923.
   { +  (13) If requested, a gun dealer may complete a criminal
background check on behalf of a transferor other than a gun
dealer as required by ORS 166.436 and may charge a fee for
providing the service. + }
  SECTION 3. ORS 166.432 is amended to read:
  166.432. (1) As used in ORS 166.412, 166.433, 166.434, 166.436
and 166.438, 'criminal background check' or 'criminal history
record check' means determining the eligibility of a person to
purchase or possess a firearm by reviewing state and federal
databases including, but not limited to, the:
  (a) Oregon computerized criminal history system;
  (b) Oregon mental health data system;
  (c) Law Enforcement Data System;
  (d) National Instant Criminal Background Check System; and
  (e) Stolen guns system.
  (2) As used in ORS 166.433, 166.434, 166.436, 166.438 and
166.441:
  (a) 'Gun dealer' has the meaning given that term in ORS
166.412.
  (b) 'Gun show' means an event at which more than 25 firearms
are on site and available for transfer.
   { +  (c) 'Transfer' means the sale, gift or lease of a
firearm. + }
  SECTION 4. ORS 166.433 is amended to read:
  166.433. The people of this state find that:
  (1) The laws of Oregon regulating the sale of firearms contain
a loophole that allows people other than gun dealers to sell
firearms at gun shows without first conducting criminal
background checks;  { + and + }
  (2) It is necessary for the safety of the people of Oregon that
any person who transfers a firearm at a gun show be required to
request a criminal background check before completing the
transfer of the firearm  { - ; and - }  { + . + }
    { - (3) It is in the best interests of the people of Oregon
that any person who transfers a firearm at any location other
than a gun show be allowed to voluntarily request a criminal
background check before completing the transfer of the
firearm. - }
  SECTION 5. ORS 166.438 is amended to read:
  166.438. (1) A transferor other than a gun dealer may not
transfer a firearm at a gun show unless the transferor:
  (a)(A) Requests a criminal background check under ORS 166.436
prior to completing the transfer;
  (B) Receives   { - notification - }  { +  a unique approval
number from the Department of State Police indicating + } that
the recipient is qualified to complete the transfer; and
  (C) Has the recipient complete the form described in ORS
166.441; or
  (b) Completes the transfer through a gun dealer.
  (2) The transferor shall retain the completed form referred to
in subsection (1) of this section for at least five years and
shall make the completed form available to law enforcement
agencies for the purpose of criminal investigations.
  (3) A person who organizes a gun show shall post in a prominent
place at the gun show a notice explaining the requirements of
subsections (1) and (2) of this section. The person shall provide
the form required by subsection (1) of this section to any person
transferring a firearm at the gun show.
  (4) Subsection (1) of this section does not apply if the
transferee is licensed as a dealer under 18 U.S.C. 923.
  (5)(a) Failure to comply with the requirements of subsection
(1), (2) or (3) of this section is a Class A misdemeanor.
  (b) Notwithstanding paragraph (a) of this subsection, failure
to comply with the requirements of subsection (1), (2) or (3) of
this section is a Class C felony if the person has two or more
previous convictions under this section.
  (6) It is an affirmative defense to a charge of violating
subsection (1) or (3) of this section that the person did not
know, or reasonably could not know, that more than 25 firearms
were at the site and available for transfer.
  SECTION 6. ORS 166.441 is amended to read:
  166.441. (1) The Department of State Police shall develop a
form to be completed by a person seeking to obtain a firearm
 { - at a gun show - }  from a transferor other than a gun
dealer. The department shall consider including in the form all
of the requirements for disclosure of information that are
required by federal law for over-the-counter firearms
transactions.
  (2) The department shall make the form available to the public
at no cost.
  SECTION 7. ORS 166.460 is amended to read:
  166.460. (1) ORS 166.250, 166.260, 166.291 to 166.295, 166.410,
166.412, 166.425, 166.434,  { + 166.436, + } 166.438 and 166.450
do not apply to antique firearms.
  (2) Notwithstanding the provisions of subsection (1) of this
section, possession of an antique firearm by a person described
in ORS 166.250 (1)(c)(B) to (D) or (F) constitutes a violation of
ORS 166.250.
  SECTION 8. ORS 181.150 is amended to read:
  181.150. (1) The State of Oregon shall provide the members of
the state police with emergency outfits, weapons and motor
vehicles and all other emergency and first-aid supplies and

equipment necessary to carry out the public safety functions of
the Department of State Police.
  (2)(a) The property described in subsection (1) of this section
remains the property of this state with the exception of a
retiring or deceased officer's department-issued service weapon,
which may be sold by the department to the officer or, in the
case of a deceased officer, to a member of the officer's family,
upon the officer's retirement or death, and the officer's badge,
which may be given to the officer or, in the case of a deceased
officer, to a member of the deceased officer's family, upon the
officer's retirement or death.
  (b) A service weapon sold pursuant to this subsection must be
sold for its fair market value.
  (c) A badge given to an officer or an officer's family member
pursuant to this subsection must be marked to indicate the
officer's retirement status and may not be used for official
police identification other than as a memento of service to the
department.
  (3) Surplus, obsolete or unused property, supplies or equipment
must be disposed of by the Oregon Department of Administrative
Services as provided in ORS 279A.280.
  (4)(a) For purposes of ORS chapters 279A and 279B, the sale of
a service weapon to a retiring officer by the department is not a
public contract and is not subject to the competitive bidding
requirements of ORS chapters 279A and 279B.
  (b) The provisions of ORS 166.412 { +  and 166.436 + } do not
apply to transfers of firearms pursuant to this section.
  SECTION 9.  { + The amendments to ORS 166.436 by section 1 of
this 2013 Act apply to transfers of firearms occurring on or
after the effective date of this 2013 Act. + }
  SECTION 10.  { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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