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Burdick's Anti-Gun Measure
"Gun Violence Prevention Act"
Sponsored by "Stop Gun Violence"
Chief Petitioners: Senator Ginny Burdick (D-Portland),
Multnomah County Sheriff Dan Noelle, and
Jackson County Sheriff Robert O. Kennedy.
Submitted to the Secretary of State on November 5, 1999
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
fire-arm 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.
NOTE: Matter in boldfaced type in an amended section is new; matter
[italic and bracketed] is existing law to be omitted. New sections
are in boldfaced type.
