68th OREGON LEGISLATIVE ASSEMBLY--1995 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 1423
House Bill 2595
Sponsored by Representative REPINE
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.
Reduces waiting period for purchase of handgun from 15 to five
days. Eliminates waiting period five years after effective date
of this Act.
A BILL FOR AN ACT
Relating to firearms; amending ORS 166.420 and section 2b,
chapter 839, Oregon Laws 1989.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 166.420 is amended to read:
166.420. (1) Except as provided in subsection (10) of this
section, every person engaged in the business, as defined in 18
U.S.C. �921, of selling, leasing or otherwise transferring a
handgun, whether the person is a retail dealer, pawnbroker or
otherwise, shall keep a register in which shall be entered the
time, date and place of sale, the name of the salesperson making
the sale, the make, model, manufacturer's number, caliber or
other marks of identification on the handgun. The register shall
be printed by the State Printer in the form provided in
subsection (11) of this section, and shall be obtained from and
furnished by the Department of State Police to the dealer on
application at cost.
(2) The purchaser of any handgun shall sign, and the dealer
shall require the person to sign, the name of the person and
affix the address of the person to the register in triplicate and
the salesperson shall affix the signature of the salesperson in
triplicate as a witness to the signature of the purchaser. Any
person signing a fictitious name or address is guilty of a
misdemeanor.
(3)(a) The duplicate sheet of the register shall, { - on - }
{ + no later than 24 hours after + } the day of sale, be hand
delivered or mailed to the local law enforcement authority. If
the sale is made in a district where there is no municipal police
department, the duplicate sheet shall be hand delivered or mailed
first class to the sheriff of the county wherein the sale is
made. The duplicate sheets are exempt from disclosure under any
public records law. The agency receiving the duplicate sheet
shall:
(A)(i) Determine, from criminal records and other information
available to it, whether the purchaser is disqualified under ORS
166.470 from completing the purchase; and
(ii) Notify the dealer when a purchaser is disqualified from
completing the purchase. The notification shall be in writing,
mailed by certified mail and made within { - 15 - } { +
five + } calendar days of the date the duplicate was mailed by
the dealer.
(B) Retain the duplicate sheets for no more than five years at
which time the sheets shall be destroyed.
(b) The triplicate sheet of the register shall be mailed on the
day of sale to the Department of State Police. The Department of
State Police shall conduct a criminal records check of the
purchaser using the thumbprints on the triplicate and shall send,
within { - 10 - } { + three + } calendar days of the date the
triplicate was mailed by the dealer, the triplicate with the
results of the records check to the agency that received the
duplicate. If the thumbprints are illegible, the Department of
State Police, by mail, shall immediately notify the dealer of
that fact.
(c) Notwithstanding any public records law to the contrary, it
is unlawful for any division of state government to compile or
maintain any information on lawful purchases of firearms. The
firearm identification information shall be used only to
determine if the firearm is stolen or has been used in the
commission of a crime. Any public employee who intentionally
violates this paragraph is guilty of a Class A misdemeanor.
(4) No public employee, official or agency shall be held
criminally or civilly liable for performing the investigations
required by this section provided this employee, official or
agency acts in good faith and without malice.
(5) { + (a) + } Before any handgun shall be delivered:
{ - (a) - } { + (A) + } { - Fifteen calendar - } { +
Five business + } days shall have elapsed after { - application
for the purchase and the register entries required by this
section have been completed - } { + the date the duplicate was
delivered or mailed by the dealer + }, except that if the seller
is notified by the Department of State Police that the
thumbprints on the triplicate are illegible, a new set of
thumbprints shall be taken and sent to the Department of State
Police and a new { - 15-day - } { + five-day + } period shall
begin; and
{ - (b) - } { + (B) + } The purchaser must present to the
dealer two pieces of current identification, one of which must
bear a photograph of the purchaser.
{ + (b) As used in this subsection, 'business day' means a
day on which state offices are open. + }
(6) Notwithstanding the provisions of subsection (5)(a) of this
section, the seller may deliver a handgun at the time of the sale
to a person holding a valid concealed handgun license issued by
this state or to a person presenting identification that shows
the person is a police officer. As used in this subsection, '
police officer' includes an officer or member of a law
enforcement unit who is employed full- or part-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, Indian reservation, the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor or who is a member of the
Department of State Police and who is responsible for enforcing
the criminal laws of this state or laws or ordinances relating to
airport security. 'Police officer' also includes:
(a) A corrections officer, a parole and probation officer, a
United States Marshal or an officer of the Federal Bureau of
Investigation; and
(b) A city or county reserve police officer if the person
presents a letter signed by a chief of police or a county sheriff
certifying that the person is a reserve police officer of the
city or county, that the person has satisfied the city or county
that the person is not prohibited from possessing a firearm and
that the agency's police applicant fingerprint card is currently
on file with the state bureau of criminal identification.
(7) When a handgun is delivered, it shall be unloaded.
(8) Notwithstanding the provisions of subsections (2) and (3)
of this section, when the purchaser of the handgun holds a valid
concealed handgun license issued by this state and the handgun
will be delivered to the purchaser less than one year after the
date that the concealed handgun license was issued, the dealer:
(a) Shall require the purchaser to sign only the original and
the duplicate sheets of the register; and
(b) Shall not deliver the triplicate sheet as provided in
subsection (3) of this section, but shall destroy the triplicate
sheets.
(9) Any person engaged in the business, as defined in 18 U.S.C.
�921, of selling, leasing or otherwise transferring a firearm,
who intentionally violates this section, is guilty of a Class C
felony.
(10) This section does not apply to transactions between
persons licensed as dealers under 18 U.S.C. �923.
(11) The register provided for in this section shall be
designed by the Attorney General in substantially the following
form, except that the triplicate sheet shall contain a place for
the thumbprints of the purchaser:
_________________________________________________________________
Series No.__
Sheet No.__
ORIGINAL
(DEALERS' RECORD OF SALE OF HANDGUN)
State of Oregon
Notice to Dealers: This original is for your files. If spoiled
in making out, do not destroy. Keep in books. Fill out in
triplicate. Place the purchaser's thumbprints in the place
provided on the triplicate of this form.
Carbon duplicate must be hand delivered or mailed on the day of
sale, to the local law enforcement authority. Carbon triplicate
must be mailed to the Department of State Police. Violation of
this law is a Class C felony. Use carbon paper for duplicate and
triplicate. Use indelible pencil.
Sold by___ Salesperson___
Business Name________
Business Address________
Business Telephone________
City, town or township____
Description of handgun (state whether revolver or pistol)____
Maker___ Model___ Serial Number __ Caliber __
Name of purchaser______ Age__ years
Other names used by purchaser____
Date of Birth____ Place of Birth____
Permanent address (state name of city, town or township, street
and number of dwelling)____
Social Security Number________ (Disclosure of your social
security account number is voluntary. Solicitation of the number
is authorized under ORS 166.420. It will be used only as a means
of identification.)
Proof of identification (type of identification and number on
identification to be filled out by salesperson):
1.________
2.________
Concealed Handgun License Number
____
Height__ feet__ inches. Weight __
Occupation______
Eyes__ Hair__
Race____ Sex ____
If traveling, or in locality temporarily, give local address____
I hereby declare that I:
1. Am not prohibited from purchasing or possessing a handgun
under ORS 166.470 or 166.250; or
2. Have been granted relief from that disability under ORS
166.274 or 18 U.S.C. �925(c) or have had my record expunged under
the law of this state or an equivalent law of another
jurisdiction.
Signature of purchaser________
(Providing materially false information is a Class A
misdemeanor and disqualifies applicant from completing purchase.
To be signed in triplicate.)
Witness____ Salesperson.
(To be signed in triplicate.)
Name and address of agency to which duplicate was sent ________
_________________________________________________________________
SECTION 2. Section 2b, chapter 839, Oregon Laws 1989, is
amended to read:
{ + Sec. 2b. + } Unless the Legislative Assembly provides
otherwise, on September 1 following the close of the Legislative
Assembly during which the notification required by section
2a { + , chapter 839, Oregon Laws 1989, + } { - of this Act - }
occurs { + or five years after the effective date of this 1995
Act, whichever occurs first + }, ORS 166.420, as amended by
section { - 2 of this Act - } { + 2, chapter 839, Oregon Laws
1989, and section 2, chapter 4, Oregon Laws 1993 + }, is further
amended to read:
{ + 166.420. + } (1) Except as provided in subsection
{ - (9) - } { + (8) + } of this section, every person engaged
in the business, as defined in 18 U.S.C. �921, of selling,
leasing or otherwise transferring a handgun, whether the person
is a retail dealer, pawnbroker or otherwise, shall keep a
register in which shall be entered the time, date and place of
sale, the name of the salesperson making the sale, the make,
model, manufacturer's number, caliber or other marks of
identification on the handgun. The register shall be printed by
the State Printer in the form provided in subsection
{ - (10) - } { + (9) + } of this section, and shall be
obtained from and furnished by the Department of State Police to
the dealer on application at cost.
(2) The purchaser of any handgun shall sign, and the dealer
shall require the person to sign, the name of the person and
affix the address of the person to the register in duplicate and
the salesperson shall affix the signature of the salesperson in
duplicate as a witness to the signature of the purchaser. Any
person signing a fictitious name or address is guilty of a
misdemeanor.
(3)(a) The duplicate sheet of the register shall, on the day of
sale, be hand delivered or mailed to the local law enforcement
authority. If the sale is made in a district where there is no
municipal police department, the duplicate sheet shall be hand
delivered or mailed to the sheriff of the county wherein the sale
is made. The duplicate sheets are exempt from disclosure under
any public records law. The agency receiving the duplicate sheet
shall retain the duplicate sheets for no more than five years at
which time the sheets shall be destroyed.
(b) Notwithstanding any public records law to the contrary, it
is unlawful for any division of state government to compile or
maintain any information on lawful purchases of firearms. The
firearm identification information shall be used only to
determine if the firearm is stolen or has been used in the
commission of a crime. Any public employee who intentionally
violates this paragraph is guilty of a Class A misdemeanor.
(4) No public employee, official or agency shall be held
criminally or civilly liable for performing the investigations
required by this section provided this employee, official or
agency acts in good faith and without malice.
(5) Before any handgun shall be delivered, the purchaser must
present to the dealer two pieces of current identification, one
of which must bear a photograph of the purchaser.
{ - (6) The seller may deliver a handgun at the time of the
sale to a person holding a valid concealed handgun license issued
by this state or to a person presenting identification that shows
the person is a police officer as defined in ORS 181.610. - }
{ - (7) - } { + (6) + } When a handgun is delivered, it
shall be unloaded.
{ - (8) - } { + (7) + } Any person engaged in the business,
as defined in 18 U.S.C. �921, of selling, leasing or otherwise
transferring a firearm, who intentionally violates this section,
is guilty of a Class C felony.
{ - (9) - } { + (8) + } This section does not apply to
transactions between persons licensed as dealers under 18 U.S.C.
�923.
{ - (10) - } { + (9) + } The register provided for in this
section shall be designed by the Attorney General in
substantially the following form:
_________________________________________________________________
Series No.__
Sheet No.__
ORIGINAL
(DEALERS' RECORD OF SALE OF HANDGUN)
State of Oregon
Notice to Dealers: This original is for your files. If spoiled
in making out, do not destroy. Keep in books. Fill out in
duplicate.
Carbon duplicate must be hand delivered or mailed on the day of
sale, to the local law enforcement authority. Violation of this
law is a Class C felony. Use carbon paper for duplicate. Use
indelible pencil.
Sold by___ Salesperson___
Business Name________
Business Address________
Business Telephone________
City, town or township____
Description of handgun (state whether revolver or pistol)____
Maker___ Model___ Serial Number __ Caliber __
Name of purchaser______ Age__ years
Other names used by purchaser____
Date of Birth____ Place of Birth____
Permanent address (state name of city, town or township, street
and number of dwelling)____
Social Security Number________ (Disclosure of your social
security account number is voluntary. Solicitation of the number
is authorized under ORS 166.420. It will be used only as a means
of identification.)
Proof of identification (type of identification and number on
identification to be filled out by salesperson):
1.________
2.________
Concealed Handgun License Number____
Height__ feet__ inches. Weight __
Occupation______
Eyes__ Hair__
Race____ Sex ____
If traveling, or in locality temporarily, give local address____
I hereby declare that I:
1. Am not prohibited from purchasing or possessing a handgun
under ORS 166.470 or 166.250; or
2. Have been granted relief from that disability under ORS
166.274 or 18 U.S.C. �925(c) or have had my record expunged under
the law of this state or an equivalent law of another
jurisdiction.
Signature of purchaser________
(Providing materially false information is a Class A
misdemeanor and disqualifies applicant from completing purchase.
To be signed in duplicate.)
Witness____ Salesperson.
(To be signed in duplicate.)
_________________________________________________________________
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