73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 3185
House Bill 2768
Sponsored by Representative NELSON
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.
Allows person with concealed handgun license to purchase
firearm without undergoing criminal history record check.
A BILL FOR AN ACT
Relating to firearms; amending ORS 166.412 and 166.438.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 (12) 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 - } (13) { + and (14) + } 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 check for no
more than five years.
(b) The record of the information obtained during a request for
a criminal records check by a gun dealer is exempt from
disclosure under public records law.
(8) The Department of Human Services shall provide the
Department of State Police with direct electronic access to
information from the Department of Human Services' database of
information identifying persons meeting the criteria in ORS
166.470 (1)(e) and (f) who were committed or subject to an order
under ORS 426.130. The Department of State Police and the
Department of Human Services shall enter into an agreement
describing the access to information under this subsection.
(9) 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.
(10) When a handgun is delivered, it shall be unloaded.
(11) 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.
(12) The department shall publish the firearms transaction
thumbprint form and shall furnish the form to gun dealers on
application at cost.
(13) This section does not apply to transactions between
persons licensed as dealers under 18 U.S.C. 923.
{ + (14) Subsection (2)(d) and (e) of this section do not
apply if the purchaser is licensed to carry a concealed handgun
under ORS 166.291 and 166.292. + }
SECTION 2. 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 the
{ - transferee - } { + recipient + } is licensed as a dealer
under 18 U.S.C. 923.
{ + (5) Subsection (1)(a)(A) and (B) do not apply if the
recipient is licensed to carry a concealed handgun under ORS
166.291 and 166.292. + }
{ - (5)(a) - } { + (6)(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) - } { + (7) + } 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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