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     70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session


LC 572

                           A-Engrossed

                         Senate Bill 700
                  Ordered by the Senate April 1
            Including Senate Amendments dated April 1

Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  Association of Chiefs of Police, Oregon District Attorneys'
  Association, Oregon State Sheriffs' Association, Oregon State
  Police, Portland Police Bureau, Senator Ginny Burdick)


                             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.

1.  Requires that person who displays for sale or sells, leases
    or otherwise transfers firearm while at gun show must be
    licensed dealer or conduct all transfers through licensed
    dealer.

2.  Requires promoter of gun show to ensure compliance.

3.  Punishes violation by maximum imprisonment of one year,
    $5,000 fine, or both.

4.  Prohibits transfer of firearms at flea markets.

5.  Defines flea market to exclude certain garage sales and
    fundraisers by certain organizations.

6.  Exempts transfers of antique firearms.


                        A BILL FOR AN ACT


Relating to firearms; creating new provisions; and amending ORS
166.210, 166.412, 166.460 and 166.470.


Be It Enacted by the People of the State of Oregon:

SECTION 1. 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, no person shall 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 Mental Health and Developmental
        Disability Services Division 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;

    (g) 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, 163.190, 163.195, 163.208 or 166.155 (1)(b); or

    (h) Is otherwise prohibited under state or federal law from
        purchasing or possessing a firearm.

(2) No person shall sell, deliver or otherwise transfer any
    firearm that the person knows or reasonably should know is
    stolen.

(3) A person may not intentionally display, sell, deliver or
    otherwise transfer a firearm at a flea market.

(4) 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.

(5) Violation of this section is a Class A misdemeanor.


SECTION 2. Section 3 of this 1999 Act is added to and made a
part of ORS 166.410 to 166.470.


SECTION 3.

(1) Except as otherwise provided in subsection (3) of this
    section, a person who, while at a gun show, displays a
    firearm for purposes of sale or sells, leases or otherwise
    transfers a firearm to another person must be licensed as a
    dealer under 18 U.S.C. 923 and must post the license in
    accordance with 27 C.F.R. 178.91 and 178.100(a).

(2) A person who organizes, promotes or otherwise sponsors a gun
    show shall:

    (a) Ensure that any person who, while at the gun show,
        displays a firearm for purposes of sale or sells, leases
        or otherwise transfers a firearm to another person
        complies with the requirements of subsection (1) of this
        section; and

    (b) Provide the services of a person licensed as a dealer
        under 18 U.S.C. 923 to conduct the transactions
        described in subsection (3)(b) of this section.

(3) (a) A person may display a firearm for sale while at a gun
        show without complying with subsection (1) of this
        section.

    (b) A person who displays a firearm for sale under this
        subsection may not sell, lease or otherwise transfer a
        firearm unless the transaction is conducted through a
        person licensed as a dealer under 18 U.S.C. 923.

(4) Violation of this section is a Class A misdemeanor.

(5) It is an affirmative defense to a charge of violating
    subsection (2) of this section that the organizer, promoter
    or sponsor made a good faith effort to ensure that persons
    displaying, selling, leasing or otherwise transferring
    firearms complied with the requirements of subsection (1) of
    this section.


SECTION 4. ORS 166.210 is amended to read: 166.210.

As used in this section and ORS 166.250 to 166.270, 166.280,
166.291 to 166.295 and 166.410 to 166.470:

(1) 'Antique firearm' means:

     (a) Any firearm, including any firearm with a matchlock,
         flintlock, percussion cap or similar type of ignition
         system, manufactured in or before 1898; and

     (b) Any replica of any firearm described in paragraph (a)
         of this subsection if the replica:

         (A) Is not designed or redesigned for using rimfire or
             conventional centerfire fixed ammunition; or

         (B) Uses rimfire or conventional centerfire fixed
             ammunition that is no longer manufactured in the
             United States and that is not readily available in
             the ordinary channels of commercial trade.

(2) 'Firearm' means a weapon, by whatever name known, which is
     designed to expel a projectile by the action of powder and
     which is readily capable of use as a weapon.

(3) 'Firearms silencer' means any device for silencing, muffling
     or diminishing the report of a firearm.

(4) (a) 'Flea market' means a bazaar or sale:

         (A) That is organized for the purpose of selling new or
             used merchandise; and

         (B) At which more than one vendor is displaying or
             selling merchandise.

    (b) 'Flea market' does not include:

         (A) A gun show;

         (B) A garage sale; or

         (C) An event to raise funds for an organization
             described in section 501(c)(3) or (4) of the
             Internal Revenue Code.

(5) 'Garage sale' means an event:

     (a) At which new or used merchandise is offered for sale;
         and

     (b) That is held at a private residence no more than three
         times per year.

(6) (a) 'Gun show' means a function sponsored by:

         (A) A national, state or local organization devoted to
             the collection, competitive use or other sporting
             use of firearms; or

         (B) An organization or association that sponsors
             functions devoted to the collection, competitive
             use or other sporting use of firearms in the
             community.

    (b) 'Gun show' includes, but is not limited to, any area
         near the location of the gun show that is used for
         parking for the gun show.

(7) 'Handgun' means any conventional pistol or revolver using a
     fixed cartridge containing a propellant charge, primer and
     projectile, and designed to be aimed or fired otherwise
     than from the shoulder and which fires a single shot for
     each pressure on the trigger device.

(8) 'Machine gun' means a weapon of any description by whatever
     name known, loaded or unloaded, which is designed or
     modified to allow two or more shots to be fired by a single
     pressure on the trigger device.

(9) 'Minor' means a person under 18 years of age.

(10) 'Parole and probation officer' has the meaning given that
      term in ORS 181.610.

(11) 'Short-barreled rifle' means a rifle having one or more
      barrels less than 16 inches in length and any weapon made
      from a rifle if the weapon has an overall length of less
      than 26 inches.

(12) 'Short-barreled shotgun' means a shotgun having one or more
      barrels less than 18 inches in length and any weapon made
      from a shotgun if the weapon has an overall length of less
      than 26 inches.


SECTION 5. ORS 166.412, 166.414, 166.416, 166.418, 166.421 and
166.422 are added to and made a part of ORS 166.410 to 166.470.


SECTION 6. ORS 166.412 is amended to read: 166.412.

(1) As used in this section:

    (a) 'Department' means the Department of State Police;

    (b) 'Firearms transaction record' means the firearms
         transaction record required by 18 U.S.C. 921 to 929;

    (c) 'Firearms transaction thumbprint form' means a form
         provided by the department under subsection (12) of
         this section;

    (d) 'Gun dealer' means a person:

         (A) 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; { +  or

         (B) Required to be licensed under section 3 of this
             1999 Act; and

    (e) '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) 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 state or federal law 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) (a) Except as otherwise provided in paragraph (b) of this
        subsection, 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.

    (b) The department is not required to operate the telephone
        number established under paragraph (a) of this
        subsection on Thanksgiving Day or Christmas Day.

(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 Mental Health and Developmental Disability Services
    Division shall provide the department with direct electronic
    access to information from the division's 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 and the division
    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 183.310 to
     183.550, 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.

SECTION 7. 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 section 3 of this 1999 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.


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