SB 501

Oregon Senate Bill 501 Summation

Sponsored by Sen. Wagner, Rep. Salinas at request of “Students for Change”

Basic Premises of act by Section:

Section 1:

1. Sections 2 and 3 are added to/made part of ORS 166.410 through 166.470

Section 2:

1. A permit is required to purchase/receive a firearm.

  • Person applies for permit from Sheriff of county of residence
  • Sheriff can charge a “reasonable” fee
  • Sheriff shall issue permit within 30days if:
    • Person is at least 21 years of age
    • Person has no prior criminal convictions
    • Person is not found in contempt of court for violation of restraining/stalking/protective order
    • Person is not an unlawful user of/addicted to any controlled substance (that includes marijuana purchased “legally” in Oregon.)
    • Person provides proof of completion of a firearm safety course. (Undefined)
  • This permit is good for a period of 90 days from date of issue
  • Person may apply for, during any 30 day period for:
    • One permit to receive a handgun
    • One permit to receive a rifle or shotgun
  • Sheriff may deny permit if he has “reasonable” grounds to believe the person is likely a danger to self/others/community at large as a result of applicants mental/psychological state or demonstrated by past pattern of behavior such as unlawful violence or threats of unlawful violence.
  • If permit is denied, Sheriff shall provide in writing the reasons for denial, sent by certified mail to applicant within 30 days of application.

2. OSP shall develop a form in quadruplicate for use by Sheriffs for issuing permits

  • Sheriff maintains a copy; person shall keep a copy for a period of at least one year after date of use; copy provided to firearm transferor
  • Does not apply to a person receiving a firearm is a gun dealer, or federal/state/local LEO

3. A person who knowingly receives a firearm without a permit commits a Class A misdemeanor

Section 3:

1. Person denied a permit to receive a firearm may petition the circuit court in county of residence to review denial within 30 days after receipt of denial notice.

  • A judgment affirming or overturning Sheriff’s decision must be based on the same criteria for issuance of permit and whether Sheriff had reasonable grounds for denial
  • A party (notwithstanding ORS 9.329; that is not a natural person, any political entity, public corporation of Oregon) without appearance of attorney may appear as a party to an action.
  • Petitions shall be heard and disposed of within 15 judicial days of filling or as soon as practicable thereafter.
  • Filing fees are as for any civil action. If petitioner prevails the amount shall be paid by respondent and incorporated in the court order.
  • Initial appeals shall be heard de novo 
  • Any party to a judgment may appeal to the Court of Appeals, same as any civil action
  • If governmental entity files appeal and does not prevail, it shall be ordered to pay attorney fees for prevailing party

Section 4:

1. Owner/possessor of a firearm must secure the firearm

  • With trigger lock, cable lock, in a locked container
  • Does not apply to firearm carried by or within reach of owner/possessor or person authorized by owner/possessor

2. Violation is a Class C misdemeanor

Section 5:

1. Owner/possessor of a firearm shall report loss/theft of firearm to LEA with jurisdiction within 24 hours of knowledge of loss/theft.

  • If  means to report the theft are not reasonably available, the owner/possessor must report the loss/theft within 24 hours of a means of reporting becoming available

Section 6:

1. Defines:

  • Detachable” as ammunition feeding device that can be loaded/unloaded while detached from firearm and is readily inserted into a firearm.
  • Fixed” as an ammunition feeding device that is contained in/permanently attached to a firearm in a manner that it cannot be removed without disassembly of firearm action.
  • Large-capacity magazine” as a ammunition feeding device, fixed or detachable with the capacity to accept more than 5 rounds of ammunition; not including:
    • An ammunition feeding device that is permanently altered so it cannot hold more than 5 rounds of ammunition
    • A .22 caliber tube ammunition feeding device
    • A tubular ammunition feeding device that is contained in a lever-action firearm

2. A person may not possess a large-capacity magazine at any time after 180 days after the effective date of this act.

3. Prior to the 180th day following the effective date of this act, a person shall take one of the following actions for each magazine:

  • Permanently alter the magazine so it is not now or in the future capable of holding more than 5 rounds of ammunition; transfer or sell the magazine to a gun dealer out of state; otherwise remove the magazine from the state; transfer the magazine to a LEA; permanently dispose of the magazine
  • The prohibition of large-capacity magazines does not apply to LEO’s, members of the Armed Forces of the US so long as is necessary for lawful performance of official duties and limited to activities within the scope of those duties

4. A person commits the crime of unlawful possession of a large-capacity magazine if the person knowingly possesses a large-capacity magazine; violation is a Class A misdemeanor.

Section 7:

1. Gun dealers/other persons transferring a firearm who are required to request background checks (per ORS 166.412, 166.435, 166.438) shall comply with the same requirements before transferring any ammunition to another person.

2. A person may not receive more than 20 rounds of ammunition during any 30 day time period.

3. Any person transferring ammunition shall maintain a record of all ammunition transferred to ensure that a person does not receive more than 20 rounds of ammunition in any 30 day time period.

4. OSP is not required to maintain a record of ammunition transfers to ensure compliance.

5. This does not apply to ammunition purchased and used at a target shooting range.

Section 8 amends ORS 166.412 to include:

1. Purchaser shall present to the gun dealer a valid permit to receive a firearm issued under Section 2.

2. Changes language that a gun dealer shall request by telephone that the department (OSP) conduct a criminal background check, in place of current language of a criminal history record check; this language change applies throughout ORS 166.412.

3. Adds changes to language “gun dealer may not transfer the firearm until the latter of: 14 days from the date of the request for the criminal background check; or the provision by [OSP] of a unique approval number indicating that the purchaser is qualified to complete the transfer.”
This amounts to a minimum 14 day waiting period and will effectively end gun shows as we know them now.

Section 9 amends ORS 166.435:

1. Adds/changes the same language as in Section 8 throughout ORS 166.435 to any transfer of a firearm.

Section 10 amends ORS 166.436:

1. Adds/changes the same language as in Section 8 throughout ORS 166.436 to persons who are not gun dealers and who are transferring firearms at gun shows

Section 11 amends ORS 166.438:

1. Adds language to “a transferor who is not a gun dealer may not transfer a firearm at a gun show unless the recipient has a valid permit to receive a firearm issued under section 2 of this 2019 act”

Quick Summary: You have to have a permit issued by your Sheriff to purchase a firearm, which is good for 90 days from issue. You may apply for a permit to buy one handgun, and rifle or shotgun during any 30 day period. Unconstitutional.

OSP will create a form at its determination for use in issuing these permits.

Sheriff can deny a permit if he has “reasonable grounds” to believe you are reasonably likely to be a danger to self/others/community at large, as a result of your mental or psychological state, or as demonstrated by your past pattern of behavior of unlawful violence, or threats of violence.

You can go to civil court to appeal a denial.

You have to secure your firearm unless it is in reach or in reach of someone you’ve authorized to have your firearm.

You have to report the loss/theft of your firearm within 24 hours of your knowledge of this occurrence.

Detachable magazines capable of accepting more than 5 rounds of ammunition are defined as “large-capacity magazines” and are outlawed 180 days after act takes effect. You have sell, surrender, permanently alter, throw away, or remove from the state each ‘large-capacity magazine’. LEA’s and members of the military in performance of official duties are exempt from prohibition of possession of large-capacity magazines.

You have to pass the same criminal background check to purchase ammunition; anyone transferring ammunition has to maintain a record to ensure compliance.

You can only 20 rounds of ammunition in any 30-day time period. This doesn’t apply to ammunition bought and used at a target shooting range.

No firearm transfer, including dealers, individuals, and persons at a gun show, can take place until the latter of 14 days from the date of the request for a background check or OSP provides an approval number for the transfer.

While the sponsors of this bill have absurdly claim to respect the Second Amendment, this bill essentially eliminates it.