72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2030
 
                         House Bill 2938
 
Sponsored by Representative CLOSE; Representatives KRIEGER,
  KROPF, NELSON, G SMITH, Senator C STARR (at the request of
  National Rifle Association, Oregon State Shooting Association)
 
 
                             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.
 
  Exempts nonprofit organizations from background check
requirement prior to transferring firearm at gun show if firearm
is transferred as part of fund-raising event.
 
                        A BILL FOR AN ACT
Relating to firearms; amending ORS 166.438.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 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 { + :
  (a) + } The transferee is licensed as a dealer under 18 U.S.C.
923 { + ; or
  (b) The transferor is a nonprofit organization and the firearm
is being transferred as part of a fund-raising event held by the
organization + }.
  (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.
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