Senate Bill 1065

Overview

• Requires gun dealer to substitute alternative fingerprint for criminal background check if firearm purchaser is unable to provide thumbprint.

Key provisions

• Requires gun dealer to substitute alternative fingerprint for criminal background check if firearm purchaser is unable to provide thumbprint.
• Restricts transfer of firearm by gun dealer or private party if Department of State Police is unable to determine whether recipient is qualified to receive firearm.
• Authorizes transfer after 14 days as long as gun dealer or transferor does not know or have reason to believe recipient is disqualified from completing transfer.
• Requires Department of State Police to notify United States Attorney for District of Oregon and all state and local law enforcement agencies and district attorneys with jurisdiction when, during criminal background check performed by gun dealer prior to transfer of firearm, department determines that recipient is prohibited from possessing firearm.
• Requires department to notify attempted unlawful purchaser’s probation officer or court that issued protective order, if applicable.
• Requires department to make notification within 24 hours unless investigation would be compromised.
• Requires law enforcement agency or prosecuting attorney’s office receiving notification to report to department on action taken after notification and outcome of action.
• Requires department to publish written report detailing attempted unlawful purchases, including information on investigations and criminal prosecutions.
• Specifies requirements for course or class taken to demonstrate competence with handgun for person applying for concealed handgun license or renewing concealed handgun license.
• Modifies definitions relating to relationship status that pertain to types of court orders and misdemeanor convictions that cause person to be prohibited from possessing firearms.
• Provides that conviction for stalking causes person to be prohibited from possessing firearm unless person obtains relief from prohibition.
• Punishes unlawful possession by maximum of one year’s imprisonment, $6,250 fine, or both.
• Directs Department of State Police to enter into Law Enforcement Data System information concerning conviction disqualifying person from possessing firearm.
• Makes applicable to honorably retired parole and probation officers defenses to firearm offenses available to honorably retired law enforcement officers.
• Takes effect on 91st day following adjournment sine die.

Penalties / enforcement

• Requires department to notify attempted unlawful purchaser’s probation officer or court that issued protective order, if applicable.
• Requires department to publish written report detailing attempted unlawful purchases, including information on investigations and criminal prosecutions.
• Punishes unlawful possession by maximum of one year’s imprisonment, $6,250 fine, or both.

Effective date / timeline

• Authorizes transfer after 14 days as long as gun dealer or transferor does not know or have reason to believe recipient is disqualified from completing transfer.
• Requires department to make notification within 24 hours unless investigation would be compromised.
• Requires law enforcement agency or prosecuting attorney’s office receiving notification to report to department on action taken after notification and outcome of action.
• Punishes unlawful possession by maximum of one year’s imprisonment, $6,250 fine, or both.
• Takes effect on 91st day following adjournment sine die.

Exceptions / carve-outs

• Not specified in the OLIS summary.