Bill Text: OR HB3200 | 2013 | Regular Session | Introduced

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Bill Title: Relating to firearms; declaring an emergency.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3200 Detail]

Download: Oregon-2013-HB3200-Introduced.html

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     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 3018

                         House Bill 3200

Sponsored by Representative GREENLICK; Representatives BAILEY,
  BUCKLEY, DEMBROW, FREDERICK, READ, REARDON, TOMEI, Senators
  BURDICK, DINGFELDER, HASS, MONNES ANDERSON, MONROE, SHIELDS,
  STEINER HAYWARD

                             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.

  Creates crime of unlawful possession or transfer of assault
weapon or large capacity magazine. Punishes by maximum penalty of
10 years' imprisonment, $250,000 fine, or both.
  Requires current owners to dispose of or register assault
weapons and large capacity magazines.
  Directs Department of State Police to conduct background checks
and maintain registry of assault weapons and large capacity
magazines.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to firearms; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 to 5 of this 2013 Act are added to
and made a part of ORS 166.410 to 166.470. + }
  SECTION 2.  { + As used in sections 2 to 5 of this 2013 Act:
  (1)(a) 'Assault weapon' means any:
  (A) Semiautomatic rifle that has the capacity to accept a
detachable magazine and has one or more of the following:
  (i) A pistol grip or thumbhole stock;
  (ii) Any feature capable of functioning as a protruding grip
that can be held by the nontrigger hand;
  (iii) A folding or telescoping stock; or
  (iv) A shroud attached to the barrel, or that partially or
completely encircles the barrel, allowing the bearer to hold the
firearm with the nontrigger hand without being burned, but
excluding a slide that encloses the barrel;
  (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 pistol that has the capacity to accept a
detachable magazine and has one of more of the following:
  (i) Any feature capable of functioning as a protruding grip
that can be held by the nontrigger 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 nontrigger hand without being burned, but
excluding a slide that encloses the barrel; or
  (iv) The capacity to accept a detachable magazine at any
location outside of the pistol grip;
  (D) Semiautomatic shotgun that has one or more of the
following:
  (i) A pistol grip or thumbhole stock;
  (ii) Any feature capable of functioning as a protruding grip
that can be held by the nontrigger hand;
  (iii) A folding or telescoping stock;
  (iv) A fixed magazine capacity in excess of five rounds; or
  (v) An ability to accept a detachable magazine;
  (E) Shotgun with a revolving cylinder; and
  (F) Conversion kit, part or combination of parts from which an
assault weapon can be assembled if those parts are in the
possession or under control of the same person.
  (b) 'Assault weapon' does not include any firearm that has been
made permanently inoperable.
  (2) 'Criminal background check' has the meaning given that term
in ORS 166.432.
  (3) 'Detachable magazine' means an ammunition feeding device
that can be loaded or unloaded while detached from a firearm and
readily inserted into a firearm.
  (4) 'Fixed magazine' means an ammunition feeding device
contained in or permanently attached to a firearm in such a
manner that the device cannot be removed without disassembly of
the firearm action.
  (5) 'Large capacity magazine' means any ammunition feeding
device with the capacity to accept more than 10 rounds or any
conversion kit, part 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 caliber tube ammunition feeding device; or
  (c) A tubular magazine that is contained in a lever-action
firearm. + }
  SECTION 3.  { + (1) A person commits the crime of unlawful
possession or transfer of an assault weapon or large capacity
magazine if the person manufactures, imports, possesses,
purchases, sells or transfers any assault weapon or large
capacity magazine.
  (2) Subsection (1) of this section does not apply to:
  (a) Any government officer, agent or employee, member of the
Armed Forces of the United States 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 manufacturer 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 shall, within 120 days after the effective date of this
2013 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 enforcement agency for destruction;
  (d) Render the assault weapon permanently inoperable; or
  (e) If eligible, register the assault weapon or large capacity
magazine as provided in section 4 of this 2013 Act.
  (4) A person acquiring an assault weapon or large capacity
magazine by inheritance, bequest or succession 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) of this section;
  (c) Render the assault weapon permanently inoperable; or
  (d) If eligible, register the assault weapon or large capacity
magazine as provided in section 4 of this 2013 Act.
  (5) Unlawful possession or transfer of an assault weapon or
large capacity magazine is a Class B felony. + }
  SECTION 4.  { + (1) Any person seeking to register an assault
weapon or large capacity magazine shall do so as provided in this
section within 120 days after the effective date of this 2013
Act.
  (2) In order to register an assault weapon under this section,
a person must:
  (a) Be the lawful owner of the assault weapon prior to the
effective date of this 2013 Act; and
  (b) Submit to a criminal background check conducted by the
Department of State Police 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) Be the lawful owner of the large capacity magazine prior to
the effective date of this 2013 Act; and
  (b) Submit to a criminal background check conducted by the
department to confirm that the person is not a prohibited
possessor under ORS 166.250.
  (4) A person may not register more than one assault weapon and
three large capacity magazines under this section. Additional
assault weapons and large capacity magazines must be disposed of
in the manner specified in section 3 of this 2013 Act.
  (5) A registered owner of an assault weapon or large capacity
magazine is required to:
  (a) Securely store the assault weapon or large capacity
magazine pursuant to rules and regulations adopted by the
department;
  (b) Allow an inspector from the department to inspect the
storage of assault weapons and large capacity magazines to ensure
compliance with this subsection;
  (c) Possess the assault weapon or large capacity magazine only:
  (A) On property owned or immediately controlled by the
registered owner;
  (B) On the premises of a firearms dealer or gunsmith licensed
under 18 U.S.C. 923 for the purpose of lawful repair;
  (C) 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; or
  (D) While transporting the weapon in a vehicle as permitted in
ORS 166.250; and
  (d) Report the loss or theft of a registered assault weapon or
large capacity magazine to the appropriate law enforcement agency
within 48 hours of the discovery of the loss or theft.
  (6) A registered owner of an assault or large capacity magazine
may not sell or transfer the assault weapon or large capacity
magazine except to a firearms dealer or gunsmith licensed under
18 U.S.C. 923 for lawful sale or transfer under section 3 (2) of
this 2013 Act or for the purpose of disposal as provided in
section 3 of this 2013 Act. + }
  SECTION 5.  { + (1) Upon receipt of a request from a person
seeking to register an assault weapon or large capacity magazine,
the Department of State Police 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 create and maintain a registry for
owners of assault weapons and large capacity magazines who
qualify for registration under section 4 of this 2013 Act. The
department may adopt rules concerning the administration of the
registry, including but not limited to renewal and revocation
procedures and storage requirements for assault weapons and large
capacity magazines.
  (4) The department may conduct inspections of registered owners
of assault weapons and large capacity magazines to ensure
compliance with the storage requirements of section 4 of this
2013 Act. + }
  SECTION 6.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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