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HB 2251

House Bill 2251 Summation

Filed at the Request of Gov. K. Brown

Basic Premises:

[There are 14 sections to this bill, 7 through 11 and 14 are completely new and significantly expand ORS 166.255]

One very significant element of this bill can be seen on page 3 starting on line 14.  There Kate Brown describes “Forward Pistol Grip” as “a feature on a firearm capable of functioning as a grip that can be held by the nontrigger hand.”

This “feature” would classify any firearm that can accept a detachable magazine as an “assault weapon.”  Read that over. This describes every long gun that uses a magazine .

Line 25 defines “pistol grip” as “a grip or similar feature that can function as a grip for the trigger hand.” What firearm does NOT have one of these?

Section 1 amends ORS 155.210:

1. Defines “Action of the Rifle” to include the part of the rifle that loads, fires, and ejects a cartridge, including but not limited to the upper and lower receiver, charging handle, forward assist or magazine release.

2. Defines “Assault Rifle” as a selective-fire rifle capable of fully automatic, semiautomatic, or burst fire at the option of the user, or any of the following: (random and exhaustive list of supposedly common military rifles, not necessarily available to the public, or in common use; includes many popular AR/AR Clones, AK family rifles; includes working “copy or duplicates” (clones) of any listed firearm) Includes in the very broad description: a semiautomatic, centerfire rifle that has the ability to accept a detachable magazine and has at least one of the following:

  • A folding or telescoping stock;
  • Any grip of the rifle the use of which would allow an individual to grip the rifle in a manner resulting in any finger on the trigger hand, in addition to the trigger finger, being below any portion of the rifle when firing.  (Would this not be virtually all long guns?)
  • A forward grip
  • A flash suppressor:
  • A grenade launcher or flare launcher;
  • A semiauto center fire rifle that has a fixed magazine with the ability to accept more than ten rounds;
  • semiauto rifle that has an overall length of less than thirty inches.
  • A part or combination of parts designed/intended to convert a rifle into an assault rifle
  • Does not include any firearm modified to render it permanently inoperable.
  • (The list goes on and on; rest assured almost every semiautomatic rifle is banned in this bill and the language is meant to be a catch-all of any and all known and unknown ‘assault weapons’ under a very large definition).

Section 2 amends ORS 166.470:

2. Adds prohibition on sale/deliver/transfer to persons less than 18 years of age “for the transfer of a firearm other than a handgun or assault rifle”; and to persons less than 21 years of age “for the transfer of a handgun or assault rifle”; if transferor knows or should reasonably know the recipient is under 18 or 21 respectively [Language is lifted verbatim from bill to show its confusing statements]

  • Adds prohibition of transfer to a person convicted of endangering a minor by allowing access to a firearm for a period of 5 years immediately preceding the date of the attempted transfer
  • Adds prohibition of transferring an assault rifle to a minor by a parent/guardian or person with consent of parent/guardian.
    • Temporary transfer of any firearm to a minor exempt with permission of the minor’s parent/guardian for hunting, target practice or any other lawful purpose
  • Creates Class A Misdemeanor for above violations

Sections 3, 4, and 5 amends ORS 166.412, ORS 166.435, and ORS 166.436 respectively:

3. Gun dealer/transferor may deliver a firearm to purchaser if no approval number or notification of purchaser as disqualified is received within 30 days from the request for a criminal background check if the dealer does not know or have reason to believe that the purchaser is disqualified from completing the transfer.

  • Allows disqualified purchaser to contact the department (OSP) to obtain reason for disqualification
  • Allows disqualified purchaser to submit to the department additional information concerning the disqualification
  • Requires department to determine within 5 days of receiving any additional information whether purchaser is qualified to complete a firearm transfer and to notify purchaser of determination
  • Adds condition that if the department is unable to determine that the transferee is qualified or disqualified from completing the transfer, the dealer shall notify the transferor and no transfer can take place (as in sales between individuals via a firearm dealer). If OSP fails to provide approval number to dealer or notify the gun dealer that the transferee is prohibited from possessing/receiving the firearm within 30 days of the background check request, the dealer may transfer the firearm to transferee if transferor does not know or have reason to believe the transferee is disqualified from completing the transfer.
  • These rules apply to all firearm transfers: retail sales, individual, individual at gun show, etc. and is in addition to all other extant rules on firearm transfers

Section 6 amends ORS 166.255:

4. Extends unlawful possession of a firearm or ammunition to remain in effect after the person (subject of a court order issued) received notice of the opportunity to request a hearing in which to be heard on the order, and declined to request hearing during the period in which the opportunity was available.

Section 7 amends ORS 166.255:

5. Adds mandatory compliance to person subject to court order at a hearing with the person present, or upon conviction for offense (described in ORS 166.255) the court shall

  • Inform the person they are prohibited from possessing firearms;
  • order the person to transfer all firearms in their possession to local LEA or gun dealer as defined in 166.412 and file an affidavit with the court within 48 hours (excluding Saturdays, Sundays, and holidays) attesting 1)that all firearms in person’s possession at time of sentencing have be transferred and is no longer in possession of any firearms; 2) that the person was not in possession of any firearms at the time of the court’s order and continues not to possess any firearms; 3) indicating that the person is asserting their right against self-incrimination
  • All firearms must be transferred within 24 hours; the LEA or gun dealer shall issue written proof of transfer, including person’s name, date of transfer and serial number, make, and model of each transferred firearm
  • A LEA shall accept any firearm transferred and may destroy the firearm after providing notice to the person; a gun dealer may purchase or may accept for storage a firearm transferred under this section and may sell a firearm purchased
  • A violation of the above may not be prosecuted (under ORS 166.250) until 24 hours after the court order
  • If LEA/Prosecuting Attorney files affidavit that person has failed to file affidavits above, the court shall determine if PC exists that the person is unlawfully in possession of a firearm; if PC is found the court may issue a warrant for search and seizure of firearms in the person’s possession

Section 8:

6. Each Oregon licensed hospital shall submit emergency department discharge records to the Oregon Health Authority for any patient receiving treatment for an injury caused by a firearm

Section 9:

7. Each Oregon Licensed hospital shall report to the electronic emergency medical services data system managed by the OHA patient outcome data for any patient receiving treatment for an injury caused by a firearm

Section 10:

8. Crime of endangering a minor by allowing access to a firearm if

  • Person possesses an operable firearm within premises under their control
  • Firearm is in a location where a person knows/should reasonably know that a minor could gain access to the firearm
  • A minor obtains the firearm without consent of the minor’s parent/guardian
  • Exemption if minor obtains firearm as result of an unlawful entry into premises by any person
    • Firearm is in a locked container
    • Firearm is locked with device is designed to prevent unauthorized users from firing the firearm
    • The firearm is temporarily rendered inoperable
    • The person is a peace office or servicemember (per ORS 135.881) and the minor obtains firearm incidental to the performance of the person’s duties
    • Class A misdemeanor

Section 11:

9. Gun dealers must post in prominent location sign saying

“The owner of a firearm has an obligation to prevent a minor from accessing firearms without consent of the minor’s parent or legal guardian. If a minor obtains access to a firearm without the consent of the minor’s parent or legal guardian, the owner may be guilty of a crime.”

Section 12 amends ORS 166.250:

10. Adds to crime of unlawful possession of a firearm if person has been convicted of endangering a minor by allowing access to a firearm under section 10 of this act within five years prior to being charged under this section.

  • Does not prohibit a minor from possessing a firearm, except for assault rifle or handgun, if the firearm was transferred to the minor by the minor’s parent/guardian or by another person with the consent of the minor’s parent/guardian, or temporarily for hunting/target practice/lawful purpose with permission of the minor’s parent/guardian (Huh?)

Section 13 amends 166.274:

11. Adds that a person barred from possessing or receiving a firearm due to a conviction of endangering a minor by allowing access . . . may petition for relief from the bar

Section 14:

12. Applies to conduct occurring on or after the effective date of this 2019 Act.

Quick Summary: Vastly and exhaustively expands definition of assault rifle with ‘catch-all’ verbiage that could be used to describe almost any modern rifle; includes definition of ‘action of rifle’. Defines alterations with specified parts to rifles that once completed will qualify as assault rifles. Raises the age to sell/transfer a handgun or assault rifle to 21. While the assault rifle definition is established for this act, it no doubt establishes a precedent for any “assault weapon” law. Expands the period a firearm transfer can be delayed due to lack of determination by OSP of transferee’s qualification/disqualification to within 30 days. Expands and specifies the timeline and process for mandatory transfer of firearms from a person by court order, possibly contributing to ‘Red Flag’ process; LEA can destroy surrendered firearms, dealers can sell purchased firearms obtained due to court order. Specifies how/when courts and LEO’s can obtain a warrant to search and seize firearms due to court order. Creates criminal penalties and definition of endangering a minor by allowing access to a firearm.

This must be Brown’s dream omnibus anti-gun bill and is exhaustively broad and draconian in many ways.

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