Senate Bill 797
Prohibits 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.
2-14 (S)
Introduction and first reading. Referred to President's desk.
2-14 (S)
Referred to Judiciary.
7-7 (S)
In committee upon adjournment.
Overview
- Prohibits 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.
Key provisions
- Prohibits 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.
- Requires Department of State Police to notify United States Attorney for District of Oregon and all state and local law enforcement agencies 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.
- Modifies definition of relationship status pertaining 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.
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
- 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.
Exceptions / carve-outs
- Not specified in the OLIS summary.
- Senate Bill 719Enacted
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- House Bill 3047Enacted
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- House Bill 2126Dead
Repeals requirement that person engaged in business of selling, leasing or otherwise transferring firearms record in register purchase or acceptance in trade of used firearm and provide copy of record to law enforcement agency.
- House Bill 2127Dead
Directs Department of Justice to create and maintain list of states that recognize Oregon concealed handgun licenses and require handgun competency to obtain concealed handgun license that is similar to competency required in Oregon.
- House Bill 2130Dead
Creates crime of endangering a minor by allowing access to a firearm.