House Bill 3528
Removes requirement that state, during prosecution for unlawful transfer of firearm, prove defendant knew or should have known that recipient of transferred firearm was prohibited from possessing firearms.
4-8 (H)
First reading. Referred to Speaker's desk.
4-9 (H)
Referred to Judiciary.
7-6 (H)
In committee upon adjournment.
Overview
- Removes requirement that state, during prosecution for unlawful transfer of firearm, prove defendant knew or should have known that recipient of transferred firearm was prohibited from possessing firearms.
Key provisions
- Removes requirement that state, during prosecution for unlawful transfer of firearm, prove defendant knew or should have known that recipient of transferred firearm was prohibited from possessing firearms.
- Provides that second conviction of unlawful transfer of firearm to prohibited possessor is punishable by maximum of 10 years’ imprisonment, $250,000 fine, or both.
- Creates immunity from prosecution for unlawful transfer of firearm to prohibited possessor if person requests criminal background check.
- Prohibits Department of State Police from retaining manufacturer’s number of firearm when number obtained from transferor other than gun dealer requesting criminal background check and transfer is approved by department.
Penalties / enforcement
- Removes requirement that state, during prosecution for unlawful transfer of firearm, prove defendant knew or should have known that recipient of transferred firearm was prohibited from possessing firearms.
- Provides that second conviction of unlawful transfer of firearm to prohibited possessor is punishable by maximum of 10 years’ imprisonment, $250,000 fine, or both.
- Creates immunity from prosecution for unlawful transfer of firearm to prohibited possessor if person requests criminal background check.
Effective date / timeline
- Provides that second conviction of unlawful transfer of firearm to prohibited possessor is punishable by maximum of 10 years’ imprisonment, $250,000 fine, or both.
Exceptions / carve-outs
- Not specified in the OLIS summary.
- House Bill 2357Enacted
Modifies certain law enforcement defenses applicable to certain firearms-related crimes.
- House Bill 2348Dead
Provides honorably retired law enforcement officers with protections provided to Oregon concealed handgun license holders.
- House Bill 2503Dead
Vests sole authority to regulate hunting ammunition and fishing gear with Legislative Assembly with specified exceptions.
- House Bill 2527Dead
Provides that active and honorably retired law enforcement officers may possess firearms or other dangerous weapons in public buildings.
- House Bill 2529Dead
Exempts certain transferors of firearms from requesting criminal history record check if purchaser or recipient has concealed handgun license.