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 2177
Senate Bill 942
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 storage of firearm.
Punishes by maximum of one year's imprisonment, $6,250 fine, or
both.
Punishes second and subsequent convictions by maximum of five
years' imprisonment, $125,000 fine, or both.
Prohibits sale, delivery or transfer of firearm to person
convicted of unlawful storage of firearm for five-year period
after conviction.
Requires gun dealers to post notice concerning obligation to
store firearms in safe manner.
A BILL FOR AN ACT
Relating to firearms; creating new provisions; and amending ORS
166.470.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A person commits the crime of unlawful
storage of a firearm if:
(a) The person, with criminal negligence, stores or leaves a
firearm in a location where the person knows, or reasonably
should know, that a minor who is younger than 16 years of age is
likely to gain access to the firearm;
(b) A minor who is younger than 16 years of age gains access to
the firearm; and
(c) The minor:
(A) Possesses the firearm in a public place;
(B) Exhibits the firearm in a careless, angry or threatening
manner; or
(C) Injures or kills a person by means of the firearm.
(2)(a) Unlawful storage of a firearm is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, unlawful
storage of a firearm is a Class C felony if the defendant has at
least one prior conviction under this section.
(3) Subsection (1) of this section does not apply if:
(a) The minor obtains and possesses the firearm while under the
direct supervision of the minor's parent or guardian;
(b) The minor obtains possession of the firearm:
(A) In a lawful act of self-defense or defense of another; or
(B) Through the illegal act of any person other than the person
referred to in subsection (1)(a) of this section;
(c) The firearm is equipped with a trigger lock or other safe
storage device;
(d) The firearm is stored in a securely locked container or in
a location that a reasonable person would believe to be secure;
(e) The firearm is rendered inoperable by the removal of an
essential component of the firing mechanism; or
(f) The person is a peace officer or member of the military
forces of this state or the United States and the minor obtained
the firearm during, or incidental to, the performance of the
person's duties.
(4) As used in this section:
(a) 'Firearm' has the meaning given that term in ORS 166.210.
(b) 'Public place' has the meaning given that term in ORS
161.015. + }
SECTION 2. { + A gun dealer shall post in a prominent location
in the gun dealer's place of business a notice in block letters
not less than one inch in height that states: 'The purchaser of a
firearm has an obligation to store firearms in a safe manner and
to prevent unsupervised access to a firearm by a minor. If a
minor obtains access to a firearm and the owner failed to store
the firearm in a safe manner, the owner may be guilty of a
crime.' + }
SECTION 3. ORS 166.470 is amended to read:
166.470. (1) Unless relief has been granted under ORS 166.274,
18 U.S.C. 925(c) or the expunction laws of this state or an
equivalent law of another jurisdiction, a person may not
intentionally sell, deliver or otherwise transfer any firearm
when the transferor knows or reasonably should know that the
recipient:
(a) Is under 18 years of age;
(b) Has been convicted of a felony or found guilty, except for
insanity under ORS 161.295, of a felony;
(c) Has any outstanding felony warrants for arrest;
(d) Is free on any form of pretrial release for a felony;
(e) Was committed to the Department of Human Services under ORS
426.130;
(f) After January 1, 1990, was found to be mentally ill and
subject to an order under ORS 426.130 that the person be
prohibited from purchasing or possessing a firearm as a result of
that mental illness; { - or - }
{ + (g) Has been convicted of unlawful storage of a firearm
under section 1 of this 2005 Act within the five years
immediately preceding the date of the attempted sale, delivery or
transfer; or + }
{ - (g) - } { + (h) + } Has been convicted of a misdemeanor
involving violence or found guilty, except for insanity under ORS
161.295, of a misdemeanor involving violence within the previous
four years. As used in this paragraph, 'misdemeanor involving
violence' means a misdemeanor described in ORS 163.160, 163.187,
163.190, 163.195 or 166.155 (1)(b).
(2) A person may not sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
(3) Subsection (1)(a) of this section does not prohibit:
(a) The parent or guardian, or another person with the consent
of the parent or guardian, of a minor from transferring to the
minor a firearm, other than a handgun; or
(b) The temporary transfer of any firearm to a minor for
hunting, target practice or any other lawful purpose.
(4) Violation of this section is a Class A misdemeanor.
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