http://oregonvotes.org/irr/2018/043text.pdf
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON
:
SECTION 1.
Sections 2 to 5 of this 2018 Act are added to and made a part of ORS 166.250
to 166.470.
SECTION 2. The people of the State of Oregon find and declare that a reduction in the
availability of assault weapons and large capacity ammunition magazin
es will promote the public
health and safety of the residents of this state.
SECTION 3. As used in sections 2
to 6
of this 2018 Act:
(1)(a) “Assault weapon” means any:
(A) Semiautomatic rifle that has the capacity to accept a detachable
magazine and has at least
one of the following:
(i) Any grip of the weapon, including a pistol grip, a thumbhole stock or any other stock,
the use of which would allow an individual to grip the weapon, resulting in any finger on the
trigger han
d in addition to the trigger finger being directly below any portion of the action of the
weapon when firing;
(ii) Any feature capable of functioning as a protruding grip that can be held by the non
-
trigger hand;
(iii) A folding or tele
scoping stock;
(
iv) A shroud attached to the barrel, or that partially or completely encircles the barrel,
allowing the bearer to hold the firearm with the non
-
trigger hand without being burned, but
excluding a slide that encloses the barre
l;
(v) A forward pistol grip;
(vi) A flash suppressor, muzzle brake, muzzle compensator, or threaded barrel designed to
accommodate a flash suppressor, muzzle brake, or muzzle compensator;
(vii) A bayonet mount; or
(vi
ii) A grenade launcher or flare launcher;
(B) Semiautomatic pistol, or any semiautomatic, centerfire or rimfire rifle with a fixed
magazine, that has the capacity to accept more than 10 rounds of ammunition;
(C) Semiautomatic, cent
erfire rifle that has an overall length of less than thirty inches;
(D) Semiautomatic pistol that has the capacity to accept a detachable magazine and has at
least one of the following:
(i) Any feature capable of functioning as a protrudin
g grip that can be held by the non
-
trigger hand;
(ii)
A folding, telescoping or thumbhole stock;
(iii) A shroud attached to the barrel, or that partially or completely encircles the barrel,
allowing the bearer to hold the firearm with the non
-
trigger hand without being burned, but
excluding a slide that encloses the barrel;
(iv) The
capacity to accept a detachable magazine at any location outside of the pistol grip;
or
(v) A threaded barrel capable of accepting a flash suppressor or forward pistol grip;
2
(E) Semiautomatic shotgun that has both of the following:
(i) Any grip of the weapon, including a pistol grip, a thumbhole stock or any other stock,
the use of which would allow an individual to grip the weapon, resulting in a
n
y finger on the
trigger hand in addition to the trigger finger being directly belo
w any portion of the action of the
weapon when firing; and
(ii) A folding or telescoping stock;
(F) Semiautomatic shotgun that has at least one of the following:
(i) A fixed magazine capacity in excess
of ten
rounds; or
(ii) An ability to accept a detachable magazine;
(G) Shotgun with a revolving cylinder; and
(H) Conversion kit
, part
or combination of parts from which an assault weapon can be
assembled if those parts are in the possessi
on or under control of the same person.
(b) “Assault weapon” does not include any firearm that has been made permanently in
-
operable.
(2) “Criminal background check” has the meaning given that term in ORS 166.432.
(3) “
Department” mea
ns Department of State Police.
(4) “Detachable magazine” means an ammunition feeding device that can be loaded or unloaded
while detached from a firearm and readily inserted into a firearm.
(5) “Fixed
magazine” means an ammunition feeding device contain
ed in or permanently attached
to a firearm in such a manner that the device cannot be removed without disassembly of the
firearm action.
(6) “
Large capacity magazine” means any ammunition feeding device with the capacity to accept
more than 10 rounds or
any conversion kit or combination of parts from which such a device can
be assembled, but does not include any of the following:
(a) A feeding device that has been permanently altered so that it cannot accommodate more
than 10 rounds;
(b) A .22 cal
iber tube ammunition feeding device; or
(c) A tubular magazine that is contained in a lever
-
action firearm.
SECTION 4. (1) Notwithstanding ORS 166.250 to 166.470, and except as provided in
subsections (2) to (4) of this Section 4, a person commits the crime of unlawful possession or
transfer of an assault weapon or large capacity magazine if the person manufact
ures, imports,
possesses, purchases, sells or transfers any assault weapon or large capacity magazine.
(2) Subsection (1) of this Section 4 does not apply to:
3
(a) Any government officer, agent or employee, member of the Armed Forces of the United
Sta
tes or peace officer as that term is defined in ORS 133.005 if that person is otherwise
authorized to acquire or possess an assault weapon or large capacity magazine and does so while
acting within the scope of that person’s duties;
(b) The manufacture
of an assault weapon or large capacity magazine by a firearms
manufacturer for the purpose of sale to any branch of the Armed Forces of the United States or to
a law enforcement agency in this state for use by that agency or its employees, provided the
ma
nufacturer is properly licensed under federal, state and local laws; or
(c) The sale or transfer of an assault weapon or large capacity magazine by a firearms dealer
licensed under 18 U.S.C. 923 to any branch of the Armed Forces of the United States or
to a law
enforcement agency in this state for use by that agency or its employees for law enforcement
purposes.
(3) Any person who, prior to the effective date of this law, was legally in possession of an assault
weapon or large capacity magazine sh
all, within 120 days after the effective date of this 2018
Act, without being subject to prosecution:
(a) Remove the assault weapon or large capacity magazine from the state;
(b) Sell the assault weapon or large capacity magazine to a firearms dealer licensed under 18
U.S.C. 923 for lawful sale or transfer under subsection (2) of this section;
(c) Surrender the assault weapon or large capacity magazine to a law enforceme
nt agency for
destruction;
(d) Render the assault weapon permanently inoperable; or
(
e) If eligible, register the assault weapon or large capacity magazine with the Department as
provided in Section 5 of this 2018 Act.
(4) A
ny
person
who a
cquires
an assault weapon or large capacity magazine
,
for which
registration w
as
previously
properly obtained under Section 5 of this Act,
by inheritance, bequest
or succession, or by virtue of the person’s role as executor or other legal representative of
an
estate or trust, shall, within 120 days after acquiring title, without being subject to prosecution
under this section:
(a) Surrender the assault weapon or large capacity magazine to a law enforcement agency for
destruction;
(b) Transfer the
assault weapon or large capacity magazine to a firearms dealer licensed under
18 U.S.C. 923 for lawful sale or transfer under subsection (2)(c) of this section;
(c) Render the assault weapon permanently inoperable; or
(d) If eligible, register th
e assault weapon or large capacity magazine with the Department
and
meet all of the requirements under
S
ection
5 of this 2018 Act
, except the time for registering
shall run from the date of acquiring title
.
(5)
Any person who moves into the state
a
nd immediately prior to moving is
in lawful possession
of an assault weapon
or large capacity magazine
, shall,
unless exempt under Section 4(2)
-
(4) of
this Act,
within 120 days:
(a) Surrender the assault weapon or large capacity magazine to a law enfor
cement agency for
destruction;
(b) Transfer the assault weapon or large capacity magazine to a firearms dealer licensed under
18 U.S.C. 923 for lawful sale or transfer under subsection (2)(c) of this section; or
4
(c) Render the assault weapon perma
nently inoperable
.
(6)
Unlawful possession or transfer of an assault weapon or large capacity magazine is a Class B
felony.
SECTION 5. (1) Any person seeking to register an assault weapon or large capacity magazine
with the Department shall do so as
provided in this section within 120 days after the effective
date of this 2018 Act
.
(2) In order to register an assault weapon under this section, the owner of the assault weapon
must:
(a) Submit to the Department, on a form approved by the
Department, the owner’s name and
ad
d
ress and the identification number of each assault weapon owned by the owner:
(b) Be the lawful owner of the assault weapon prior to the effective date of this 2018 Act; and
(c) Allow the Department to conduct a
criminal background check of the person to confirm that
the person is not a prohibited possessor under ORS 166.250.
(3) In order to register a large capacity magazine under this section, a person must:
(a) Submit to the Department, on a form ap
proved by the Department, the owner’s name and
address and information sufficient to identify any large magazine owned or possessed by the
owner;
(b) Be the lawful owner of the large capacity magazine prior to the effective date of this 2018
Act; and
(c) Allow the Department to conduct a criminal background check of the person to confirm
that the person is not a prohibited possessor under ORS 166.250.
(4) A person seeking to register an assault weapon or large capacity magazine must submit
evidence satisfactory to the Department to establish that:
(a) The owner has securely stored the assault weapon or large capacity magazine pursuant to
existing law and, in addition, as provided in any rules and regulations adopted by the Departm
ent
specifically relating to assault weapons and large capacity magazines;
(b) The owner possesses any lawful assault weapon or large capacity magazine only:
(A) On property owned or immediately controlled by the registered owner;
(B) On
property owned by another with the owner’s express permission in a manner
consistent with subsection (4)(a) in this section;
(C
)
On the premises of a firearms dealer or gunsmith licensed under 18 U.S.C. 923 for the
purpose of lawful repair
;
(D) While engaged in the legal use of the assault weapon or large capacity magazine, at a
public or private shooting range, shooting gallery or other area designed and built for the purpose
of target shooting;
(E) At a firearms competition
or exhibition, display or educational project about firearms
sponsored, conducted by approved or under the auspices of a law enforcement agency or a
national o
r
state
-
recognized entity that fosters proficiency in firearms use or promotes firearms
education
; or
(F) While transporting the weapon in a vehicle as permitted in ORS 166.250 to one of the
locations authorized under this statute.
5
(5) A registered owner of an assault weapon or large capacity magazine may not sell or transfer
the assault
weapon or large capacity magazine except to a firearms dealer or to a gunsmith
licensed under 18 U.S.C. 923 for repair, lawful sale or transfer or for the purpose of disposal as
provided in SECTION 3 of this 2018 Act.
(6) A registered owner of an
assault weapon
or large capacity magazine
may not purchase
additional assault weapons
or large capacity magazines
.
(7) A registered owner of a registered assault weapon or large capacity magazine must report the
loss or theft of such weapon or magazine t
o the appropriate law enforcement agency within 48
hours of the discovery of the loss or theft.
SECTION 6. (1) Upon receipt of a request from a person seeking to register an assault weapon
or large capacity magazine, the Department shall determine from criminal records and other
available information whether the potential registrant is disqualified
under ORS 166.250 from
possessing the assault weapon or large capacity magazine.
(2) The Department may adopt a fee schedule for criminal background checks as provided in
ORS 166.414.
(3) The Department shall establish a means of obta
ining the information that must be provided
by owners of assault weapons and large capacity magazines who qualify for registration under
S
ection
5 of this 2018 Act, which information must include the information required by Section
5 of this Act, and any o
ther information determined necessary by the Department to carry out the
purposes of this 2018 Act.
(4)
The Department shall maintain a registry of the information obtained by it pursuant to
Sections 5 and 6(3) of this 2018 Act,
and shall adopt rules co
ncerning the administration of the
registry, including but not limited to renewal and revocation procedures and storage
requirements for assault weapons and large capacity magazines.
(5) The record of the information collected for registration under thi
s section is exempt from
disclosure under the public records law in the same manner such information is maintained under
ORS 166.436.
SECTION 7. If any provision of this Act or its application to any person or circumstance is
held invalid, the
invalidity does not affect other provisions or applications of this Act which can
be given effect without the invalid provision or application, and to this end the provisions of this
Act are severable. The people hereby declare that they would have adopt
ed this Chapter,
notwithstanding the unconstitutionality, invalidity and ineffectiveness of any one of its articles,
sections, subsections, sentences or clauses.
SECTION 8. This Act shall take effect on January 1, 2019
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Originally Posted by alismith
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