Bill Text: OR SB920 | 2011 | Regular Session | Introduced
Bill Title: Relating to preventing minors from accessing firearms.
Spectrum: Committee Bill
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB920 Detail]
Download: Oregon-2011-SB920-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1668
Senate Bill 920
Sponsored by COMMITTEE ON RULES
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 endangering a minor by allowing access to a
firearm. Punishes by maximum of one year's imprisonment, $6,250
fine, or both.
Prohibits transfer of firearm to person convicted of
endangering a minor by allowing access to a firearm for five-year
period after conviction.
Requires gun dealer to post notice concerning obligation to
prevent minors from accessing firearm without consent of firearm
owner or minor's parent or guardian.
A BILL FOR AN ACT
Relating to preventing minors from accessing firearms; creating
new provisions; and amending ORS 166.470.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A person commits the crime of endangering a
minor by allowing access to a firearm if:
(a) The person possesses an operable firearm within premises
under the person's control;
(b) The firearm is in a location where the person knows or
reasonably should know that a minor could gain access to the
firearm; and
(c) A minor obtains the firearm without the consent of the
person or the minor's parent or guardian.
(2) Subsection (1) of this section does not apply if:
(a) The minor obtains the firearm as the result of an unlawful
entry into the premises by any person;
(b) The firearm is located in a locked container; or
(c) The firearm is locked with a device that:
(A) Is designed to prevent unauthorized users of the firearm
from firing the firearm; and
(B) Has rendered the firearm temporarily inoperable.
(3)(a) Except as provided in paragraph (b) of this subsection,
endangering a minor by allowing access to a firearm is a Class C
misdemeanor.
(b) Endangering a minor by allowing access to a firearm is a:
(A) Class B misdemeanor if the minor obtains the firearm and
possesses the firearm in a location other than the premises
described in subsection (1)(a) of this section.
(B) Class A misdemeanor if the minor obtains the firearm and
possesses the firearm on school property, at an activity under
the jurisdiction of a school district or at an interscholastic
activity administered by a voluntary organization approved by the
State Board of Education under ORS 339.430.
(4) As used in this section:
(a) 'Firearm' has the meaning given that term in ORS 166.210.
(b) 'Minor' has the meaning given that term in ORS 166.210.
(c) 'Possess' has the meaning given that term in ORS
161.015. + }
SECTION 2. { + A gun dealer, as defined in ORS 166.412, shall
post in a prominent location in the gun dealer's place of
business a notice in block letters not less than one inch in
height that states: 'The owner of a firearm has an obligation to
prevent minors from accessing firearms without the consent of the
owner or the minor's parent or guardian. If a minor obtains
access to a firearm without the consent of the owner or the
minor's parent or guardian, the owner may be guilty of a
crime.' + }
SECTION 3. ORS 166.470, as amended by section 8, chapter 826,
Oregon Laws 2009, is amended to read:
166.470. (1) Unless relief has been granted under ORS 166.274
or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C. 925(c)
or the expunction laws of this state or an equivalent law of
another jurisdiction, a person may not 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;
(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 Oregon Health Authority 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, 163.187, 163.190, 163.195
or 166.155 (1)(b); { - or - }
(h) Has been found guilty except for insanity under ORS 161.295
of a felony { + ; or
(i) Has been convicted of endangering a minor by allowing
access to a firearm under section 1 of this 2011 Act within the
five years immediately preceding the date of the attempted sale,
delivery or transfer + }.
(2) A person may not sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
(3) 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.
(4) Violation of this section is a Class A misdemeanor.
SECTION 4. ORS 166.470, as amended by sections 8 and 11,
chapter 826, Oregon Laws 2009, is amended to read:
166.470. (1) Unless relief has been granted under ORS 166.274
or 18 U.S.C. 925(c) or the expunction laws of this state or an
equivalent law of another jurisdiction, a person may not
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;
(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 Oregon Health Authority 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, 163.187, 163.190, 163.195
or 166.155 (1)(b); { - or - }
(h) Has been found guilty except for insanity under ORS 161.295
of a felony { + ; or
(i) Has been convicted of endangering a minor by allowing
access to a firearm under section 1 of this 2011 Act within the
five years immediately preceding the date of the attempted sale,
delivery or transfer + }.
(2) A person may not sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
(3) 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.
(4) Violation of this section is a Class A misdemeanor.
SECTION 5. { + Section 1 of this 2011 Act and the amendments
to ORS 166.470 by sections 3 and 4 of this 2011 Act apply to
conduct occurring on or after the effective date of this 2011
Act. + }
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