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 116
Senate Bill 927
Sponsored by COMMITTEE ON JUDICIARY
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.
Creates crime of unlawful possession of assault weapon.
Punishes by maximum imprisonment of 10 years, $250,000 fine, or
both.
Creates crime of manufacture, importation, sale or transfer of
assault weapon. Punishes by maximum imprisonment of 10 years,
$250,000 fine, or both.
Creates crime of unlawful advertising of sale of assault weapon
or large capacity magazine. Punishes by maximum imprisonment of
one year, $6,250 fine, or both.
Defines 'assault weapon' by model, manufacturer and
characteristics.
Creates crime of unlawful possession of large capacity
magazine. Punishes by maximum imprisonment of five years,
$125,000 fine, or both.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to firearms; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 14 of this 2005 Act:
(1) 'Assault weapon' means a semiautomatic firearm that:
(a) Is any of the following rifles:
(A) All AK series including, but not limited to, the models
identified as follows:
(i) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S and
86S.
(ii) Norinco 56, 56S, 84S and 86S.
(iii) Poly Technologies AKS and AK47.
(iv) MAADI AK47 and ARM.
(B) UZI and Galil.
(C) Beretta AR-70.
(D) CETME Sporter.
(E) Colt AR-15 series.
(F) Daewoo K-1, K-2, Max 1, Max 2, AR 100 and AR 110C.
(G) Fabrique Nationale FAL, LAR, FNC, 308 Match and Sporter.
(H) MAS 223.
(I) HK-91, HK-93, HK-94 and HK-PSG-1.
(J) The following MAC types:
(i) RPB Industries Incorporated sM10 and sM11.
(ii) SWD Incorporated M11.
(K) SKS with detachable magazine.
(L) SIG AMT, PE-57, SG 550 and SG 551.
(M) Springfield Armory BM59 and SAR-48.
(N) Sterling MK-6.
(O) Steyer AUG.
(P) Valmet M62S, M71S and M78S.
(Q) Armalite AR-180.
(R) Bushmaster Assault Rifle.
(S) Calico M-900.
(T) J&R ENG M-68.
(U) Weaver Arms Nighthawk.
(b) Is any of the following pistols:
(A) UZI.
(B) Encom MP-9 and MP-45.
(C) The following MAC types:
(i) RPB Industries Incorporated sM10 and sM11.
(ii) SWD Incorporated M-11.
(iii) Advance Armament Incorporated M-11.
(iv) Military Armament Corporation Ingram M-11.
(D) Intratec TEC-9.
(E) Sites Spectre.
(F) Sterling MK-7.
(G) Calico M-950.
(H) Bushmaster Pistol.
(c) Is any of the following shotguns:
(A) Franchi SPAS 12 and LAW 12.
(B) Striker 12.
(C) The Streetsweeper type S/S Incorporated SS/12.
(d) Has any of the following characteristics:
(A) A centerfire rifle that has the capacity to accept a
detachable magazine and any of the following:
(i) A pistol grip that protrudes conspicuously beneath the
action of the weapon;
(ii) A thumbhole stock;
(iii) A folding or telescoping stock;
(iv) A grenade launcher or flare launcher;
(v) A flash suppressor; or
(vi) A forward pistol grip.
(B) A centerfire rifle that has a fixed magazine with the
capacity to accept more than 10 rounds of ammunition.
(C) A centerfire rifle that has an overall length of less than
30 inches.
(D) A pistol that has the capacity to accept a detachable
magazine and any of the following:
(i) A threaded barrel, capable of accepting a flash suppressor,
forward handgrip or silencer;
(ii) A second handgrip; or
(iii) A shroud that is attached to, or partially or completely
encircles, the barrel that allows a person to fire the weapon
without burning the person's hand, except a slide that encloses
the barrel.
(E) A pistol with a fixed magazine that has the capacity to
accept more than 10 rounds.
(F) A shotgun that has both of the following:
(i) A folding or telescoping stock; and
(ii) A pistol grip that protrudes conspicuously beneath the
action of the weapon, thumbhole stock or vertical handgrip.
(G) A shotgun that has the ability to accept a detachable
magazine.
(H) Any shotgun with a revolving cylinder.
(2) 'Gun dealer' has the meaning given that term in ORS
166.412.
(3) 'Series' means all other models of semiautomatic firearms
that are only variations, with minor differences, of the models
listed in subsection (1) of this section, regardless of the
manufacturer. + }
SECTION 2. { + (1) A person commits the crime of unlawful
possession of an assault weapon if the person knowingly possesses
an assault weapon.
(2) Unlawful possession of an assault weapon is a Class B
felony.
(3) It is an affirmative defense to a charge of violating
subsection (1) of this section that the person:
(a) Has a permit issued under section 5 of this 2005 Act; or
(b) Lawfully purchased the assault weapon prior to July 1,
2006, the operative date of this section.
(4) A peace officer may not arrest or charge a person for
violating subsection (1) of this section if the person has in the
person's immediate possession documentation showing that the
person:
(a) Has a permit issued under section 5 of this 2005 Act; or
(b) Lawfully purchased the assault weapon prior to the
operative date of this section. + }
SECTION 3. { + Any person who manufactures or causes to be
manufactured within this state, who imports into this state or
who offers, exposes for sale, sells or transfers an assault
weapon in this state is guilty of a Class B felony. + }
SECTION 4. { + (1) Sections 2 and 3 of this 2005 Act do not
apply to or affect:
(a) Sheriffs, constables, marshals, police officers, whether
active or honorably retired, parole and probation officers or
other duly appointed peace officers while acting within the scope
of employment.
(b) The Department of State Police.
(c) The State Department of Fish and Wildlife.
(d) The Department of Justice.
(e) The Oregon Youth Authority.
(f) Federal law enforcement agencies.
(g) Employees of the Department of State Police, the State
Department of Fish and Wildlife, the Department of Justice, the
Oregon Youth Authority and federal law enforcement agencies who
are authorized to possess an assault weapon.
(h) Active or reserve members of the United States Armed Forces
or of the Oregon National Guard, when on duty.
(i) Organizations that are by law authorized to purchase or
receive assault weapons from the United States Government or from
the State of Oregon.
(j) Law enforcement and military agencies of other states who
are authorized to possess an assault weapon.
(k) Foreign governments or foreign agencies who are authorized
to possess an assault weapon by the United States Department of
State.
(2) The exceptions listed in subsection (1) of this section
constitute affirmative defenses to a charge of violating sections
2 or 3 of this 2005 Act. + }
SECTION 5. { + (1) The sheriff of a county, upon a person's
application and upon receipt of the fee established under
subsection (5) of this section, shall issue to a person a permit
to possess an assault weapon if the person lawfully possessed the
assault weapon prior to July 1, 2006.
(2) All applications for permits shall be filed with the
sheriff in writing, shall be sworn to and signed by the applicant
and shall:
(a) State the applicant's legal name, occupation, current
residence address and telephone number, date and place of birth,
height, weight and eye color; and
(b) Contain a sworn declaration with supporting facts that the
applicant purchased the assault weapon prior to July 1, 2006.
(3) A permit issued under this section shall set forth the
information described in subsection (2) of this section and
shall, in addition, contain a description of the assault weapon,
including the serial number or other identifying marks.
(4) The sheriff shall supply application forms upon request.
(5) The governing body of each county shall establish the fee
for a permit issued under this section in an amount estimated to
provide for the administration of this section. The fee may not
exceed $25. The fee shall be turned over to the treasurer of the
county and credited to the general fund of the county.
(6) No civil or criminal liability shall attach to the sheriff
of a county or the sheriff's authorized representative engaged in
the receipt and review of, or an investigation connected with,
any application for, or in the issuance or denial of, a permit
under this section as a result of the lawful performance of
duties under this section. + }
SECTION 6. { + Notwithstanding section 2 of this 2005 Act, a
person who lawfully possesses an assault weapon may lend the
assault weapon to another person if the person to whom the
assault weapon is lent:
(1) Is not prohibited from possessing a firearm under ORS
166.250 (1)(c) or 166.270;
(2) Remains in the presence of the lawful possessor of the
assault weapon;
(3) Possesses the assault weapon only:
(a) On the premises of a public or private shooting range,
shooting gallery or other area designed and built for the purpose
of target shooting; or
(b) At an exhibition, display, or educational project that is
about firearms and that is sponsored by, conducted under the
auspices of or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in
or promotes education about firearms; and
(4) Returns the assault weapon to the lawful possessor before
leaving the premises described in subsection (3) of this
section. + }
SECTION 7. { + Notwithstanding sections 2 and 3 of this 2005
Act, a person who is not a resident of this state may possess and
import an assault weapon into this state if:
(1) The person is attending or going directly to or coming
directly from an organized competitive match or league
competition that involves the use of an assault weapon;
(2) The competition or match is conducted on the premises of a
target range of a public or private club or organization that is
organized for the purpose of practice shooting at targets;
(3) The match or competition is sponsored by, conducted under
the auspices of or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency
in, or promotes education about, firearms; and
(4) The person is not prohibited from possessing a firearm
under ORS 166.250 (1)(c) or 166.270. + }
SECTION 8. { + (1) Section 2 of this 2005 Act does not apply
to a person who possesses a pistol that:
(a) Is designed expressly for use in Olympic target shooting
events; and
(b) Is sanctioned by the International Olympic Committee or by
USA Shooting, the national governing body for international
shooting competition in the United States.
(2) The Department of State Police shall identify and maintain
a list of the pistols described in subsection (1) of this section
that would otherwise be defined as assault weapons under section
1 of this 2005 Act.
(3) The department shall make the list available to the public
at no charge. + }
SECTION 9. { + (1) Notwithstanding sections 2 and 3 of this
2005 Act, a gun dealer who lawfully possesses an assault weapon
may transport the assault weapon to another gun dealer or out of
the state, display it at a gun show or sell it to a person who is
a nonresident of this state.
(2) A gun dealer may take possession of an assault weapon from
a person who lawfully possesses the assault weapon or a person
who moves into this state and obtains a permit as provided in
section 11 of this 2005 Act.
(3) A gun dealer may transfer possession of an assault weapon
received under subsection (2) of this section to:
(a) A person who is a nonresident of this state, for the
purposes of sale.
(b) A gunsmith for service or repair of the assault weapon,
provided that:
(A) The gunsmith is in the gun dealer's employ; or
(B) The gunsmith is under contract with the gun dealer for
gunsmithing services.
(4) A gunsmith described in subsection (3) of this section must
be licensed as required under federal law. + }
SECTION 10. { + (1) Except as provided in subsection (2) of
this section, a person who lawfully possesses an assault weapon
may not sell or transfer the assault weapon.
(2) A person described in subsection (1) of this section may:
(a) Sell the assault weapon to a gun dealer;
(b) Transfer the assault weapon to a gun dealer for service or
repair; or
(c) Relinquish the assault weapon to a police department or a
county sheriff's office.
(3) As used in this section, 'transfer' includes transfer by
testate or intestate succession. + }
SECTION 11. { + A person moving into this state who lawfully
possesses an assault weapon shall, within 90 days of becoming
domiciled in Oregon:
(1) Obtain a permit for the assault weapon as provided in
section 5 of this 2005 Act;
(2) Deliver the assault weapon to a gun dealer, who shall sell
the weapon as provided in section 9 of this 2005 Act; or
(3) Relinquish the weapon to a police department or a county
sheriff's office. + }
SECTION 12. { + (1) The Department of State Police shall
maintain a list of firearms that it determines are assault
weapons because a firearm is:
(a) Another model by the same manufacturer or a copy by another
manufacturer of an assault weapon that is identical to an assault
weapon listed in section 1 of this 2005 Act except for slight
modifications or enhancements;
(b) Redesigned, renamed or renumbered from an assault weapon
identified in section 1 of this 2005 Act; or
(c) Manufactured or sold by another company under a licensing
agreement to manufacture or sell an assault weapon identified in
section 1 of this 2005 Act.
(2) The department shall report biennially to the Legislative
Assembly in the manner provided in ORS 192.245. The report shall
contain a copy of the list maintained by the department under
subsection (1) of this section. + }
SECTION 13. { + A person who lawfully possesses an assault
weapon may possess the assault weapon only:
(1) At the person's residence, place of business or other
property owned by the person or on property owned by another with
the owner's written permission;
(2) On the premises of a public or private shooting range,
shooting gallery or other area designed and built for the purpose
of target shooting;
(3) At an exhibition educational display that is about firearms
and that is sponsored by, conducted under the auspices of or
approved by a law enforcement agency or a nationally or state
recognized entity that fosters proficiency in or promotes
education about firearms;
(4) While on publicly owned land if possession and use of an
assault weapon is specifically permitted by the agency managing
the land; or
(5) While transporting the assault weapon between any of the
places described in subsections (1) to (4) of this section or to
a gun dealer for service, repair or sale as provided in section
11 of this 2005 Act. + }
SECTION 14. { + (1) A person commits the crime of unlawful
advertising of the sale of an assault weapon or a large capacity
magazine defined in section 15 of this 2005 Act if the person
advertises the sale of an assault weapon or a large capacity
magazine:
(a) In any newspaper, magazine, circular, form letter or open
publication that is published, distributed or circulated in this
state;
(b) On any billboard, card, label or other advertising medium,
or by means of any other advertising device; or
(c) On television or radio.
(2) Unlawful advertising of the sale of an assault weapon or a
large capacity magazine is a Class A misdemeanor.
(3) As used in this section, 'large capacity magazine' has the
meaning given that term in section 15 of this 2005 Act. + }
SECTION 15. { + (1) A person commits the crime of unlawful
possession of a large capacity magazine if the person knowingly
possesses or has in the person's possession a large capacity
magazine.
(2) Unlawful possession of a large capacity magazine is a Class
C felony.
(3) This section does not apply to:
(a) A police officer as defined in ORS 181.610.
(b) An active or reserve member of the military forces of this
state or of the United States when engaged in the performance of
duty.
(4) As used in this section, 'large capacity magazine ' means
any ammunition feeding device with the capacity to accept more
than 10 rounds of ammunition, but does not include:
(a) A feeding device that has been permanently altered so that
it cannot accommodate more than 10 rounds of ammunition.
(b) A tubular magazine that is contained in a lever action
firearm.
(c) A 0.22 caliber tube ammunition feeding device. + }
SECTION 16. { + Sections 1 and 5 of this 2005 Act become
operative on January 1, 2006. + }
SECTION 17. { + Sections 2, 3, 4 and 6 to 15 of this 2005 Act
become operative on July 1, 2006. + }
SECTION 18. { + This 2005 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2005 Act takes effect on
its passage. + }
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