77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1805

                         House Bill 2366

Sponsored by Representative THATCHER; Representatives HICKS,
  WEIDNER, Senator GEORGE (Presession filed.)

                             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.

  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.

                        A BILL FOR AN ACT
Relating to firearms; amending ORS 166.412, 166.414, 166.418,
  166.422, 166.432, 166.436 and 166.460; and repealing ORS
  166.434.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.412 is amended to read:
  166.412. (1) As used in this section:
  (a) 'Antique firearm' has the meaning given that term in 18
U.S.C. 921;
    { - (b) 'Department' means the Department of State
Police; - }
    { - (c) - }  { +  (b) + } 'Firearm' has the meaning given
that term in ORS 166.210, except that it does not include an
antique firearm;
    { - (d) - }  { +  (c) + } 'Firearms transaction record' means
the firearms transaction record required by 18 U.S.C. 921 to 929;
    { - (e) - }  { +  (d) + } 'Firearms transaction thumbprint
form' means a form provided by the Department  { + of State
Police + } under subsection
  { - (11) - }   { + (8) + } of this section;
    { - (f) - }   { + (e) + } 'Gun dealer' means a person 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;
    { - (g) 'Handgun' has the meaning given that term in ORS
166.210; and - }
    { - (h) - }   { + (f) + } 'Purchaser' means a person who
buys, leases or otherwise receives a firearm from a gun
dealer { + ; and
  (g) 'System' means the National Instant Criminal Background
Check System described in 18 U.S.C. 922 + }.
   { +  (2) A gun dealer may not transfer a firearm unless:
  (a) The transfer is between two persons who are licensed as
dealers under 18 U.S.C. 923; or

  (b) The gun dealer complies with subsection (3) of this section
and:
  (A) The system provides the gun dealer with a unique
identification number approving the transfer; or
  (B) The system fails to notify the gun dealer within three
business days after the date the gun dealer requests a criminal
background check from the system that the transfer would violate
state or federal law. + }
    { - (2) - }   { + (3) + } Except as provided in
 { - subsections (3)(c) and (12) - }  { + subsection (2)(a) + }
of this section, a gun dealer shall comply with the following
before a   { - handgun - }   { + firearm + } 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 { + , electronically or + } by
telephone { + , + } that the   { - department - }
 { + system + } conduct a criminal
  { - history record - }   { + background + } check on the
purchaser and shall provide the following information to the
 { - department - }  { +  system + }:
  (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 - }   { + firearm + } 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)  { + When + } the gun dealer   { - shall receive - }
 { + receives  + }a unique
  { - approval - }   { + identification + } number for the
transfer from the
  { - department and - }   { + system, the gun dealer shall
 + }record the
  { - approval - }   { + identification + } 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 ORS 166.470 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) - }   { + (3) + } 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) 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. - }
    { - (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) - }   { + (5) + } A law enforcement agency may
inspect the records of a gun dealer relating to transfers of
 { - handguns - }   { + firearms + } 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.
    { - (9) - }  { +  (6) + } When a   { - handgun - }
 { + firearm + } is delivered, it shall be unloaded.
    { - (10) - }   { + (7) + } In accordance with applicable
provisions of ORS chapter 183, the Superintendent of State Police
may adopt rules necessary for:
  (a) The design of the firearms transaction thumbprint form;
 { +  and + }
  (b) The maintenance of a procedure to correct errors in the
criminal records of the Department { +  of State Police + }
 { - ; - }
    { - (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 - } .
    { - (11) - }   { + (8) + } The Department  { + of State
Police + } shall publish the firearms transaction thumbprint form
and shall furnish the form to gun dealers on application at cost.
    { - (12) This section does not apply to transactions between
persons licensed as dealers under 18 U.S.C. 923. - }
  SECTION 2. ORS 166.436 is amended to read:
  166.436.   { - (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. - }
   { +  (1) The Department of State Police shall establish a
telephone number that is operational seven days a week between
the hours of 8 a.m. and 10 p.m. for the purpose of responding to
inquiries from persons other than gun dealers for a criminal
background check under this section. The department is not
required to operate the telephone number on Thanksgiving Day or
Christmas Day. + }
  (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) - }  { +  no more than five years + }.
  (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 ORS 166.438, 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 ORS
166.438 (1)(a) and retains the form as required by ORS 166.438
(2).
  (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 firearm 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 3. ORS 166.414 is amended to read:
  166.414. (1) The Department of State Police may adopt a fee
schedule for criminal   { - history record checks required under
ORS 166.412 - }   { + background checks described in ORS
166.436 + } and collect a fee for each criminal   { - history
record - }   { + background + } check requested.  The fee
schedule shall be calculated to recover the cost of performing
criminal   { - history record checks required under ORS
166.412 - }  { +  background checks + }, but may not exceed $10
per   { - record - }  { +  background + } check.
   { +  (2) 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. + }
    { - (2) - }  { +  (3) + } Fees collected under this section
shall be paid into the State Treasury and deposited in the
General Fund to the credit of the State Police Account.
  SECTION 4. ORS 166.422 is amended to read:
  166.422. Where appropriate, a person may enforce the legal
duties imposed by ORS   { - 166.412 (7) - }  { +  166.436
(5) + }, by the provisions of ORS 30.260 to 30.300 and ORS
chapter 183.
  SECTION 5. ORS 166.432 is amended to read:
  166.432. (1) As used in ORS   { - 166.412 - }  { +
166.414 + }, 166.433,
  { - 166.434, - }  166.436 and 166.438, '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 ORS 166.433,   { - 166.434, - }  166.436,
166.438 and 166.441:

  (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 6. ORS 166.418 is amended to read:
  166.418. (1) A person commits the crime of improperly
transferring a firearm if the person is a gun dealer as defined
in ORS 166.412 and sells, leases or otherwise transfers a firearm
and intentionally violates ORS 166.412   { - or 166.434 - } .
  (2) Improperly transferring a firearm is a Class A misdemeanor.
  SECTION 7. ORS 166.460 is amended to read:
  166.460. (1) ORS 166.250, 166.260, 166.291 to 166.295, 166.410,
166.412, 166.425,   { - 166.434, - }  166.438 and 166.450 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) to (D) or (F) constitutes a violation of
ORS 166.250.
  SECTION 8.  { + ORS 166.434 is repealed. + }
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