Bill Text: OR SB740 | 2013 | Regular Session | Introduced
Bill Title: Relating to transfer of knives.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB740 Detail]
Download: Oregon-2013-SB740-Introduced.html
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 3203
Senate Bill 740
Sponsored by Senator BOQUIST
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 as
introduced.
Requires criminal history record check for transfer of knife
from knife dealer to purchaser.
Prohibits transferring knife to disqualified purchaser.
Punishes by maximum of one year's imprisonment, $6,250 fine, or
both.
Prohibits transfer of knife in violation of criminal history
record check requirement. Punishes by maximum of one year's
imprisonment, $6,250 fine, or both.
Requires Department of State Police to maintain registry of all
knives transferred in state. Directs department to establish
rules implementing registration requirement.
Applies to transfers of knives initiated on or after January 1,
2015.
A BILL FOR AN ACT
Relating to transfer of knives.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in sections 1 to 5 of this 2013
Act:
(a) 'Criminal history record check' means determining the
eligibility of a person to purchase or possess a knife 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; and
(D) National Instant Criminal Background Check System.
(b) 'Knife' means a weapon, by whatever name known, that has a
blade that is three inches in length or longer and that could be
used by a person to inflict injury upon a person or the property
of a person.
(c) 'Knife dealer' means a person engaged in the business of
selling, leasing or otherwise transferring a knife, regardless of
whether the person is a retail dealer, pawnbroker or other
person;
(d) 'Knife transaction thumbprint form' means a form provided
under subsection (9) of this section.
(e) 'Purchaser' means a person who buys, leases or otherwise
receives a knife from a knife dealer.
(2)(a) Except as provided in subsections (3)(b) and (10) of
this section, a knife dealer shall:
(A) Require the purchaser to present to the knife dealer one
current identification meeting the requirements of subsection (4)
of this section.
(B) Obtain the thumbprints of the purchaser on the knife
transaction thumbprint form and attach the form to the knife
dealer's copy of the knife transaction record to be filed with
that copy.
(C) Request by telephone that the Department of State Police
conduct a criminal history record check on the purchaser.
(D) Receive a unique approval number for the transfer from the
department and record the approval number on the knife
transaction record and on the knife transaction thumbprint form.
(b) Upon requesting a criminal history record check, the knife
dealer shall provide the following information to the department:
(A) The business name of the knife dealer;
(B) The place of the knife transfer;
(C) The name of the person making the transfer;
(D) The make, model and manufacturer's number of the knife
being transferred;
(E) The name and date of birth of the purchaser;
(F) The Social Security number of the purchaser if the
purchaser voluntarily provides this number; and
(G) The type, issuer and identification number of the
identification presented by the purchaser.
(c) The knife dealer may destroy the knife transaction
thumbprint form five or more years after the completion of the
knife transaction thumbprint form.
(3) The department shall conduct a criminal history record
check immediately upon receiving a knife dealer's request. The
department shall determine, based on the criminal history record
check, whether the purchaser is disqualified from completing the
transfer. The department shall notify the knife dealer whether a
purchaser is disqualified from completing the transfer or provide
the knife dealer with a unique approval number indicating that
the purchaser is qualified to complete the transfer.
(a) If the department is unable to determine whether the
purchaser is disqualified from completing the transfer within 30
minutes of receiving the request, the department shall notify the
knife dealer and provide the knife dealer with an estimate of the
time when the department will provide the requested information.
(b) If the department fails to notify the knife dealer that the
purchaser is disqualified to complete the transfer, or if the
department fails to provide the knife dealer with a unique
approval number for the transfer before the close of the knife
dealer's next business day, the knife dealer may deliver the
knife to the purchaser.
(4)(a) Identification required of the purchaser under
subsection (2) of this section must 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 purchaser's
current address, the purchaser shall present a second piece of
current identification that contains the current address of the
purchaser. The department may specify by rule the types of
identification that may be presented under this paragraph.
(c) The department may require that the knife dealer send the
thumbprints of the purchaser to the department to verify the
identification of the purchaser if the purchaser's identity is in
question.
(5) The department shall establish a telephone number that must
be operational seven days a week between the hours of 8 a.m. and
10 p.m. for the purpose of responding to requests from knife
dealers for criminal history record checks.
(6) A public employee, official or agency may not be held
criminally or civilly liable for performing the criminal history
record checks or investigations required by this section,
provided the employee, official or agency acts in good faith and
without malice.
(7) A law enforcement agency may inspect the records of a knife
dealer relating to transfers of knives with the consent of a
knife dealer in the course of a reasonable inquiry during a
criminal investigation or under the authority of a properly
authorized subpoena or search warrant.
(8) In accordance with applicable provisions of ORS chapter
183, the department may adopt rules necessary for:
(a) The design of the knife 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 knife
dealers that request a criminal history record check under this
section; and
(d) The creation and maintenance of a database of the business
hours of knife dealers.
(9) The department shall publish the knife transaction
thumbprint form and shall furnish the form to knife dealers on
application at cost.
(10) This section does not apply to transactions between knife
dealers. + }
SECTION 2. { + (1) Unless relief has been granted under the
expunction laws of this state or an equivalent law of another
jurisdiction, a person may not intentionally sell, deliver or
otherwise transfer any knife when the person knows or reasonably
should know that the recipient:
(a) Is under 18 years of age;
(b) Has been convicted of a felony;
(c) Has any outstanding felony warrants for arrest;
(d) Is free on any form of pretrial release for a felony;
(e) Was committed to the Oregon Health Authority under ORS
426.130;
(f) Has been convicted of a misdemeanor involving violence or
found guilty except for insanity under ORS 161.295 of a
misdemeanor involving violence within the previous four years. As
used in this paragraph, 'misdemeanor involving violence' means a
misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195
or 166.155 (1)(b); or
(g) Has been found guilty except for insanity under ORS 161.295
of a felony.
(2) A person may not sell, deliver or otherwise transfer any
knife that the person knows or reasonably should know is stolen.
(3) Subsection (1)(a) of this section does not prohibit the
parent or legal guardian of a minor, or another person with the
consent of the parent or legal guardian, from transferring to the
minor a knife for a lawful purpose.
(4) Violation of subsection (1) or (2) of this section is a
Class A misdemeanor. + }
SECTION 3. { + (1) The Department of State Police may adopt a
fee schedule for criminal history record checks required under
section 1 of this 2013 Act and collect a fee for each criminal
history record check requested. The fee schedule shall be
calculated to recover the cost of performing criminal history
record checks required under section 1 of this 2013 Act, but may
not exceed $10 per record check.
(2) Fees collected under this section shall be paid into the
State Treasury and deposited in the General Fund to the credit of
the State Police Account. + }
SECTION 4. { + (1) A person commits the crime of improperly
transferring a knife if the person is a knife dealer that sells,
leases or otherwise transfers a knife and intentionally violates
a provision of section 1 of this 2013 Act.
(2) Improperly transferring a knife is a Class A
misdemeanor. + }
SECTION 5. { + (1) The Department of State Police shall
maintain a permanent registry of all knives transferred in this
state as provided in section 1 of this 2013 Act. The department
may fulfill the requirement under this section by retaining the
record of information obtained during a request by a knife dealer
for a criminal history record check required by section 1 of this
2013 Act.
(2) The information contained in the permanent registry of
knife transfers under this section is exempt from disclosure
under public records law.
(3) The department shall adopt rules implementing sections 1 to
5 of this 2013 Act no later than one year after the effective
date of this 2013 Act.
(4) This section does not apply to transfers of knives between
knife dealers. + }
SECTION 6. { + Sections 1 to 5 of this 2013 Act apply to all
transfers of knives initiated on or after January 1, 2015. + }
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