Proposed Oregon Firearm Legislation
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note: Oregon does not carry over legislation from session to session
Title: Proposing amendment to Oregon Constitution relating to firearms.
Description: Proposes amendment to Oregon Constitution providing that law authorizing police officer to ask person if person is in possession of firearm is not law violating right of people against unreasonable search or seizure. Refers proposed amendment to people for their approval or rejection at next regular general election.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to used firearm transfer records.
Description: Repeals requirement that person engaged in business of selling, leasing or otherwise transferring firearms record in register purchase or acceptance in trade of used firearm and provide copy of record to law enforcement agency.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to concealed handgun license reciprocity with other states.
Description: Directs Department of Justice to create and maintain list of states that recognize Oregon concealed handgun licenses and require handgun competency to obtain concealed handgun license that is similar to competency required in Oregon. Authorizes Attorney General to enter into agreement with concealed handgun license issuing authority of other state if agreement is necessary for license reciprocity. Provides person who is not resident of Oregon, who is not otherwise prohibited from possessing firearm and who is licensed to carry concealed handgun in another state with protections provided to person with Oregon concealed handgun license, if other state is on department's list of states.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to preventing access to firearms by minors.
Description: Creates crime of endangering a minor by allowing access to a firearm. Punishes by maximum of 30 days' imprisonment, $1,250 fine, or both. Increases penalty to maximum of six months' imprisonment, $2,500 fine, or both, or one year's imprisonment, $6,250 fine, or both, depending on location at which firearm is possessed. Increases penalty to maximum of five years' imprisonment, $125,000 fine, or both, if any person is seriously injured or killed. Requires gun dealer to post notice concerning obligation to prevent minors from accessing firearm without consent of minor's parent or guardian. Prohibits transfer of firearm to person convicted of endangering a minor by allowing access to a firearm for five-year period after conviction.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to notifications of policies concerning permission for persons who have license to carry concealed handgun.
Description: Requires person that engages in business in this state, on premises onto which person permits members of public to enter, to post in prominent location outside entry to premises sign that states person's policy with respect to permitting individuals who have license to carry concealed handgun to carry firearm onto premises.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to liability of places of public accommodation.
Description: Allows person harmed by criminal act resulting in physical injury or death to bring action for damages against place of public accommodation if place of public accommodation prohibits visitors from possessing firearm.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to firearms.
Description: Prohibits transfer of firearm by gun dealer or private party if Department of State Police is unable to determine whether recipient is qualified to receive firearm. Modifies definition of relationship status pertaining to types of court orders and misdemeanor convictions that cause person to be prohibited from possessing firearms. Provides that conviction for stalking causes person to be prohibited from possessing firearm unless person obtains relief from prohibition. Punishes unlawful possession by maximum of one year's imprisonment, $6,250 fine, or both.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to storage of firearms for safety.
Description: Authorizes gun dealer to accept for safekeeping firearm surrendered by person or family or household member of person who is at risk of causing physical injury to self or others with firearm. Provides civil and criminal immunity to gun dealer who accepts firearm for safekeeping.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to firearm educational materials.
Description: Directs Department of Justice to establish firearm safety and suicide prevention education program, to create or approve educational materials and to provide educational materials to gun dealers. Requires gun dealers to make educational materials available to firearm purchasers.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to a tax credit for gun safes; prescribing an effective date.
Description: Establishes refundable credit against personal income taxes for purchase of qualifying gun safes. Applies to tax years beginning on or after January 1, 2017, and before January 1, 2019. Takes effect on 91st day following adjournment sine die.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to concealed handgun licenses.
Description: Modifies requirements for and disqualifications from obtaining concealed handgun license. Increases portion of fee for issuance or renewal of license from $50 to $85. Increases length of time that concealed handgun license is valid.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to firearms.
Description: Directs Department of State Police to study reasons for certain denials of concealed handgun license applications and report results to interim committees of Legislative Assembly related to judiciary on or before February 1, 2019. Sunsets January 2, 2020.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to tax incentives for firearms safety; prescribing an effective date.
Description: Creates credit against personal income tax for cost of criminal history record check required by state law for transfer of firearm. Creates subtraction from taxable income for mileage for travel associated with criminal history record check. Applies to tax years beginning on or after January 1, 2017, and before January 1, 2027. Takes effect on 91st day following adjournment sine die.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to repealing the private firearm transfer criminal background check requirement.
Description: Repeals requirement that person who is not gun dealer obtain criminal background check prior to transferring firearm to another person who is not gun dealer.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to exempting certain private firearm transferees from criminal background check requirement.
Description: Exempts certain transferees from private firearm transfer criminal background check requirement.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to possession of firearms by elected officials.
Description: Authorizes elected official to possess firearm in building housing court facility if elected official performs official duties within building and is licensed to carry concealed handgun.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to the regulation of firearms by state agencies.
Description: Prohibits state agency from establishing rule or policy regulating, restricting or prohibiting firearms. Provides that rule or policy contrary to prohibition is void.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to the possession of handguns by state agency employees.
Description: Authorizes state agency employee who is licensed to carry concealed handgun to store personal handgun and ammunition in locked container in vehicle while employee is at work and vehicle is parked in state agency parking lot.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to the regulation of firearms by state agencies.
Description: Prohibits state agency from adopting administrative rule or enacting or enforcing employment or personnel policy limiting or prohibiting possession of firearm by concealed handgun licensee. Provides that rule or policy contrary to prohibition is void.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to the regulation of firearms by state agencies.
Description: Prohibits state agency from adopting administrative rule limiting or prohibiting possession of firearm by concealed handgun licensee who is respondent of or protected by active protective order. Provides that rule contrary to prohibition is void.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to notifications provided to persons with mental illness.
Description: Requires court to notify person found guilty except for insanity of sex crime of obligation to report as sex offender. Requires court to notify person found to be person with mental illness when state or federal law prohibits person from purchasing or possessing firearm unless person obtains relief from prohibition. Requires court to notify person determined to lack fitness to proceed that federal law prohibits person from purchasing or possessing firearm unless person obtains relief from prohibition.
Last Action: Effective date, January 1, 2018.
Last Action Date: June 16, 2017
Title: Relating to the possession of firearms by prohibited persons.
Description: Requires court to ask petitioner at hearing for family or household abuse restraining order whether respondent possesses any firearms and to record answer on order. Directs presiding judge of judicial district to adopt protocols relating to surrender of firearms by persons prohibited by court order from possessing firearms.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to domestic violence offenses.
Description: Requires law enforcement officer to perform lethality assessment after making mandatory arrest for domestic assault.
Last Action: Referred to Judiciary.
Last Action Date: January 17, 2017
Title: Relating to criminal background check fingerprints.
Description: Requires gun dealer to substitute alternative fingerprint for criminal background check if firearm purchaser is unable to provide thumbprint.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to county regulation of the purchase of used merchandise.
Description: Authorizes county to regulate purchase of used firearms by pawnshops and secondhand stores.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to exception to criminal background check for participant in Address Confidentiality Program.
Description: Exempts transferee who is certified participant in Address Confidentiality Program from private firearm transfer criminal background check requirement.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to residency requirements for concealed handgun licenses.
Description: Authorizes sheriff of county to issue concealed handgun license to any qualified person who is resident of Oregon.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to applying the protections afforded to concealed handgun license holders to retired parole and probation officers; declaring an emergency.
Description: Modifies certain law enforcement defenses that apply to certain firearms-related crimes. Provides honorably retired parole and probation officers with protections provided to Oregon concealed handgun license holders if officers do not have disqualifying convictions. Declares emergency, effective on passage.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to concealed handgun licenses.
Description: Provides person licensed to carry concealed handgun in another state with protection provided to person with Oregon concealed handgun license.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to firearm criminal background checks.
Description: Removes Department of State Police as designated state point of contact for purposes of National Instant Criminal Background Check System. Requires gun dealer to obtain authorization to transfer firearm directly from system.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to sentences for felonies involving firearms.
Description: Increases penalties for felonies having as element defendant's use or threatened use of firearm in commission of crime. Punishes by mandatory minimum term of 10 years' imprisonment for first offense. Prohibits plea agreement to crime other than felony having as element defendant's use or threatened use of firearm.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to persons with concealed handgun licenses from other states.
Description: Directs Department of State Police to create and maintain list of states in which requirements to obtain concealed handgun license or permit are substantially similar to requirements in Oregon. Provides person licensed to carry concealed handgun in another state with protections provided to person with Oregon concealed handgun license if other state has requirements for obtaining license that are substantially similar to Oregon's requirements. Authorizes Superintendent of State Police to enter into agreement with concealed handgun license issuing authority of other state if agreement is necessary for license reciprocity.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to private transfers of antique firearms.
Description: Defines term "antique firearm." Provides that unlicensed person transferring antique firearm to another unlicensed person is not required to request criminal background check.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to county of concealed handgun license decision review.
Description: Changes location in which person may petition circuit court for review of concealed handgun license denial, revocation or nonrenewal from county of person's residence to county in which license was denied or originally issued.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to criminal background check exemption for concealed handgun licensees.
Description: Exempts certain transferors of firearms from requesting criminal background check if purchaser or recipient has concealed handgun license. Requires county sheriff to request that Department of State Police perform criminal background check with National Instant Criminal Background Check System. Requires sheriff to obtain certain information from noncitizen applicants before issuing concealed handgun license.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to concealed handgun licenses for servicemembers.
Description: Reduces required age for concealed handgun license applicant to 18 years of age if applicant is servicemember.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to firearms.
Description: Allows person to carry concealed firearm on person or in vehicle if person can legally possess firearms under Oregon law and meets certain criteria. Exempts certain transferees from private firearm transfer criminal background check requirement.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to regulation of firearms.
Description: Prohibits governmental agency or school district from establishing policy regulating, restricting or prohibiting firearms. Provides that policy contrary to prohibition is void.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to possession of firearms by military personnel on military property.
Description: Exempts federal and state military personnel from laws establishing crime of unlawful possession of firearm when engaged in official functions on military property. Authorizes Governor or Adjutant General to issue regulations regarding use and possession of firearms on military property.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to courts.
Description: Creates process for obtaining extreme risk protection order prohibiting person from possessing deadly weapon when court finds that person presents risk in near future, including imminent risk, of suicide or causing injury to another person. Establishes procedures for law enforcement officer or family or household member of person to apply for order. Establishes procedures for respondent to request hearing, and for continuance of order after hearing or if hearing is not requested. Establishes procedures for termination and renewal of order. Requires court to order respondent to surrender deadly weapons and concealed handgun license within 24 hours of service of initial order, and immediately upon service of continued or renewed order. Provides for law enforcement officer serving order to request immediate surrender of deadly weapons and concealed handgun license and authorizes law enforcement officer to take possession of surrendered items. Allows respondent to surrender deadly weapons to gun dealer or third party in lieu of law enforcement officer. Punishes violation of order, or false application for order, by maximum of one year's imprisonment, $6,250 fine, or both. Permits service upon attorney or party in juvenile dependency proceeding by electronic mail or electronic service through court's electronic filing system. Prescribes how proof of service is to be made when service is by facsimile communication device, electronic mail or electronic service.
Last Action: Effective date, January 1, 2018.
Last Action Date: August 23, 2017
Title: Relating to firearms.
Description: Directs Department of State Police to study reasons for certain denials of concealed handgun license applications and report results to interim committees of Legislative Assembly related to judiciary on or before February 1, 2019. Sunsets January 2, 2020.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to criminal background check exemption for concealed handgun licensees.
Description: Exempts concealed handgun licensees from private firearm transfer criminal background check requirement.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to firearms.
Description: Prohibits transfer of firearm by gun dealer or private party if Department of State Police is unable to determine whether recipient is qualified to receive firearm. Requires Department of State Police to notify United States Attorney for District of Oregon and all state and local law enforcement agencies with jurisdiction when, during criminal background check performed by gun dealer prior to transfer of firearm, department determines that recipient is prohibited from possessing firearm. Requires department to notify attempted unlawful purchaser's probation officer or court that issued protective order, if applicable. Requires department to make notification within 24 hours unless investigation would be compromised. Requires law enforcement agency or prosecuting attorney's office receiving notification to report to department on action taken after notification and outcome of action. Requires department to publish written report detailing attempted unlawful purchases, including information on investigations and criminal prosecutions. Modifies definition of relationship status pertaining to types of court orders and misdemeanor convictions that cause person to be prohibited from possessing firearms. Provides that conviction for stalking causes person to be prohibited from possessing firearm unless person obtains relief from prohibition. Punishes unlawful possession by maximum of one year's imprisonment, $6,250 fine, or both.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to private firearm transfer criminal background checks.
Description: Modifies definition of "transfer" for purposes of private firearm transfer criminal background check requirement. Excludes from definition temporary provision of firearm for purposes of hunting, trapping or target shooting while transferee is preparing to engage in, or in process of completing, activities related to hunting, trapping or target shooting.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to creating exemptions from private firearm transfer criminal background check requirement for certain persons.
Description: Exempts certain transferees from private firearm transfer criminal background check requirement.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to authorizing persons without concealed handgun licenses to possess concealed firearms in certain circumstances.
Description: Allows person without concealed handgun license to carry concealed firearm on person or in vehicle in certain circumstances if person can legally possess firearms under Oregon law.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to firearms.
Description: Requires law enforcement agency that takes custody of firearms under firearms surrender protocol to establish procedures to notify certain individuals of law enforcement agency's anticipated return of firearm.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to extreme risk protection orders; prescribing an effective date.
Description: Creates process for obtaining extreme risk protection order prohibiting person from possessing firearms when court finds that person presents imminent risk, or risk in foreseeable future, of suicide or causing injury to other persons. Establishes procedures for peace officer or family or household member of person to apply for order. Establishes procedures for respondent to request hearing, and for continuance of extreme risk protection order after hearing or if hearing is not requested. Establishes procedures for termination and renewal of order. Requires court to order respondent to surrender firearms, ammunition and concealed handgun license upon issuance of order. Provides for law enforcement officer serving order to request immediate surrender of firearms and to carry out lawful search and seizure of firearms. Punishes violation of order, or false application for order, by maximum of one year's imprisonment, $6,250 fine, or both. Takes effect on 91st day following adjournment sine die.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to used firearm transfer records.
Description: Authorizes local law enforcement authority to issue written waiver, within authority's jurisdiction, of requirement that person engaged in business of selling, leasing or otherwise transferring firearm provide duplicate sheet of register of transfer of used firearm to local law enforcement authority. Requires person to retain copy of waiver. Authorizes local law enforcement authority to accept copy of firearms transaction record form in lieu of duplicate sheet of register.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to firearm transfer requirements.
Description: Requires gun dealer to substitute alternative fingerprint for criminal background check if firearm purchaser is unable to provide thumbprint. Authorizes Department of State Police to accept requests and provide results for firearm transfer criminal background checks electronically. Authorizes department to accept transaction record form issued by federal Bureau of Alcohol, Tobacco, Firearms and Explosives that includes thumbprint in lieu of firearms transaction thumbprint form.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to limitations on security; declaring an emergency.
Description: Abolishes Oregon State Police Dignitary Protection Unit. Prohibits state offices or employees from providing personal security and safety services to Governor. Permits law enforcement to respond to specific incidents involving Governor. Declares emergency, effective on passage.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to concealed handgun licenses from states that recognize Oregon concealed handgun licenses.
Description: Provides person with privileges and legal defenses available to person with Oregon concealed handgun license if person is licensed to carry concealed handgun in another state that recognizes Oregon concealed handgun licenses.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to the possession of firearms by persons protected by a court order prohibiting another person from contacting the person.
Description: Allows person to carry concealed firearm on person or in vehicle if person can legally possess firearms under Oregon law and person is protected by court order and has pending application for, or appointment to submit application for, concealed handgun license.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to preventing access to firearms by minors.
Description: Creates crime of endangering a minor by allowing access to a firearm. Punishes by maximum of 30 days' imprisonment, $1,250 fine, or both. Increases penalty to maximum of six months' imprisonment, $2,500 fine, or both, or one year's imprisonment, $6,250 fine, or both, depending on location at which firearm is possessed. Increases penalty to maximum of five years' imprisonment, $125,000 fine, or both, if any person is seriously injured or killed. Requires gun dealer to post notice concerning obligation to prevent minors from accessing firearm without consent of minor's parent or guardian. Prohibits transfer of firearm to person convicted of endangering a minor by allowing access to a firearm for five-year period after conviction.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017
Title: Relating to firearms; prescribing an effective date.
Description: Requires gun dealer to substitute alternative fingerprint for criminal background check if firearm purchaser is unable to provide thumbprint. Restricts transfer of firearm by gun dealer or private party if Department of State Police is unable to determine whether recipient is qualified to receive firearm. Authorizes transfer after 14 days as long as gun dealer or transferor does not know or have reason to believe recipient is disqualified from completing transfer. Requires Department of State Police to notify United States Attorney for District of Oregon and all state and local law enforcement agencies and district attorneys with jurisdiction when, during criminal background check performed by gun dealer prior to transfer of firearm, department determines that recipient is prohibited from possessing firearm. Requires department to notify attempted unlawful purchaser's probation officer or court that issued protective order, if applicable. Requires department to make notification within 24 hours unless investigation would be compromised. Requires law enforcement agency or prosecuting attorney's office receiving notification to report to department on action taken after notification and outcome of action. Requires department to publish written report detailing attempted unlawful purchases, including information on investigations and criminal prosecutions. Specifies requirements for course or class taken to demonstrate competence with handgun for person applying for concealed handgun license or renewing concealed handgun license. Modifies definitions relating to relationship status that pertain to types of court orders and misdemeanor convictions that cause person to be prohibited from possessing firearms. Provides that conviction for stalking causes person to be prohibited from possessing firearm unless person obtains relief from prohibition. Punishes unlawful possession by maximum of one year's imprisonment, $6,250 fine, or both. Directs Department of State Police to enter into Law Enforcement Data System information concerning conviction disqualifying person from possessing firearm. Makes applicable to honorably retired parole and probation officers defenses to firearm offenses available to honorably retired law enforcement officers. Takes effect on 91st day following adjournment sine die.
Last Action: In committee upon adjournment.
Last Action Date: July 7, 2017