Chapter 1 Oregon Laws 2001
Be It Enacted by the People of the State of Oregon:
SECTION 1.
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;
(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 2.
Sections 1 to 8 of this 2000 Act and the
amendments to ORS 166.416, 166.418 and 166.460 by sections 9, 10 and 11 of this
2000 Act shall be known as the Gun Violence Prevention Act.
SECTION 3.
(1) As used in ORS 166.412 and sections
1, 5, 6 and 7 of this 2000 Act, “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 sections
1, 5, 6, 7 and 8 of this 2000 Act:
(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.
SECTION 4.
Sections 5 to 8 of this 2000 Act are
added to and made a part of ORS 166.410 to 166.470.
SECTION 5.
(1) Notwithstanding the fact that ORS
166.412 requires a gun dealer to request a criminal history record check only
when transferring a handgun, a gun dealer shall comply with the requirements of
ORS 166.412 before transferring any firearm to a purchaser. The provisions of
ORS 166.412 apply to the transfer of firearms other than handguns to the same
extent that they apply to the transfer of handguns.
(2) In addition to the
determination required by ORS 166.412 (3)(a)(A), in conducting a criminal
background check or criminal history record check, the Department of State
Police shall also determine whether the recipient is otherwise prohibited by
state or federal law from possessing a firearm.
(3) Notwithstanding ORS
166.412 (5), the department is not required to operate the telephone number
established under ORS 166.412 (5) on Thanksgiving Day or Christmas Day.
(4)(a) The department
may charge a fee, not to exceed the amount authorized under ORS 166.414, for
criminal background checks required under this section or section 6 of this
2000 Act.
(b) The department shall
establish a reduced fee for subsequent criminal background checks on the same
recipient that are performed during the same day between the hours of 8 a.m.
and 10 p.m.
SECTION 6.
(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, a transferor other than a gun dealer may request by
telephone that the department conduct a criminal background check on the
recipient and 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) 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) 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) 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) The recipient of the
firearm must be present when the transferor requests a criminal background
check under this section.
(7)(a) Except as
otherwise provided in paragraphs (b) and (c) of this subsection, a transferor
who receives notification under this section that the recipient is qualified to
complete the transfer of a firearm 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 section 7 of this 2000
Act, 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 section 7 (1)(a) of this 2000
Act and retains the form as required by section 7 (2) of this 2000 Act.
(c) 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.
SECTION 7.
(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 section 6 of this 2000 Act prior to completing
the transfer;
(B) Receives
notification that the recipient is qualified to complete the transfer; and
(C) Has the recipient
complete the form described in section 8 of this 2000 Act; 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 8.
(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 9.
ORS 166.416 is amended to read:
166.416. (1) A person
commits the crime of providing false information in connection with a transfer
of a [handgun] firearm if the person knowingly provides a false name or false
information or presents false identification in connection with a purchase or
transfer of a [handgun under ORS 166.412]
firearm.
(2) Providing false information in connection with a
transfer of a [handgun] firearm is a Class A misdemeanor.
SECTION 10.
ORS 166.418 is amended to read:
166.418. (1) A person commits the crime of improperly
transferring a [handgun] firearm if the person is a gun dealer
as defined in ORS 166.412 and sells, leases or otherwise transfers a [handgun] firearm and intentionally violates ORS 166.412 or section 5 of this 2000 Act.
(2) Improperly transferring a [handgun] firearm is a
Class A misdemeanor.
SECTION 11.
ORS 166.460 is amended to read:
166.460. (1) ORS 166.250, 166.260, 166.280, 166.291 to
166.295, 166.410, 166.412, 166.425 and 166.450 and sections 5 and 7 of this 2000 Act 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), (C) or (D) constitutes a violation of ORS 166.250.
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The Act set forth above (Ballot Measure 5) was proposed by
initiative petition and was approved by the voters at the regular general
election on November 7, 2000. By proclamation of the Governor dated December 7,
2000, the Act was declared to have received an affirmative majority of the
total number of votes cast thereon and to be in full force and effect as
provided in Article IV, section 1, Oregon Constitution. Effective date December
7, 2000.
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