Oregon HB3200 ---THE WORST gun bill introduced so far this year

[Seedy]

This was introduced in Oregon today:

The worst parts:
-noncompliance is a FELONY.
-mandatory registration or surrender of "assault weapons" and high capacity mags.
-limits on grandfathered AW'S to allow you to only own ONE.
-limits on high cap mags (over 10 rounds) to 3 registered high cap mags.
-mandatory inspection of your safe.

77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } .

LC 3018

House Bill 3200

Sponsored by Representative GREENLICK; Representatives BAILEY, BUCKLEY, DEMBROW, FREDERICK, READ, REARDON, TOMEI, Senators BURDICK, DINGFELDER, HASS, MONNES ANDERSON, MONROE, SHIELDS, STEINER HAYWARD

SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced.

Creates crime of unlawful possession or transfer of assault weapon or large capacity magazine. Punishes by maximum penalty of 10 years' imprisonment, $250,000 fine, or both. Requires current owners to dispose of or register assault weapons and large capacity magazines. Directs Department of State Police to conduct background checks and maintain registry of assault weapons and large capacity magazines. Declares emergency, effective on passage.

A BILL FOR AN ACT Relating to firearms; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. { + Sections 2 to 5 of this 2013 Act are added to and made a part of ORS 166.410 to 166.470. + } SECTION 2. { + As used in sections 2 to 5 of this 2013 Act: (1)(a) 'Assault weapon' means any: (A) Semiautomatic rifle that has the capacity to accept a detachable magazine and has one or more of the following: (i) A pistol grip or thumbhole stock; (ii) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand; (iii) A folding or telescoping stock; or (iv) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel; (B) Semiautomatic pistol, or any semiautomatic, centerfire or rimfire rifle with a fixed magazine, that has the capacity to accept more than 10 rounds of ammunition; (C) Semiautomatic pistol that has the capacity to accept a detachable magazine and has one of more of the following: (i) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand; (ii) A folding, telescoping or thumbhole stock; (iii) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the

firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel; or (iv) The capacity to accept a detachable magazine at any location outside of the pistol grip; (D) Semiautomatic shotgun that has one or more of the following: (i) A pistol grip or thumbhole stock; (ii) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand; (iii) A folding or telescoping stock; (iv) A fixed magazine capacity in excess of five rounds; or (v) An ability to accept a detachable magazine; (E) Shotgun with a revolving cylinder; and (F) Conversion kit, part or combination of parts from which an assault weapon can be assembled if those parts are in the possession or under control of the same person. (b) 'Assault weapon' does not include any firearm that has been made permanently inoperable. (2) 'Criminal background check' has the meaning given that term in ORS 166.432. (3) 'Detachable magazine' means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted into a firearm. (4) 'Fixed magazine' means an ammunition feeding device contained in or permanently attached to a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. (5) 'Large capacity magazine' means any ammunition feeding device with the capacity to accept more than 10 rounds or any conversion kit, part or combination of parts from which such a device can be assembled, but does not include any of the following: (a) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds; (b) A .22 caliber tube ammunition feeding device; or (c) A tubular magazine that is contained in a lever-action firearm. + } SECTION 3. { + (1) A person commits the crime of unlawful possession or transfer of an assault weapon or large capacity magazine if the person manufactures, imports, possesses, purchases, sells or transfers any assault weapon or large capacity magazine. (2) Subsection (1) of this section does not apply to: (a) Any government officer, agent or employee, member of the Armed Forces of the United States or peace officer as that term is defined in ORS 133.005 if that person is otherwise authorized to acquire or possess an assault weapon or large capacity magazine and does so while acting within the scope of that person's duties; (b) The manufacture of an assault weapon or large capacity magazine by a firearms manufacturer for the purpose of sale to any branch of the Armed Forces of the United States or to a law enforcement agency in this state for use by that agency or its employees, provided the manufacturer is properly licensed under federal, state and local laws; or (c) The sale or transfer of an assault weapon or large capacity magazine by a firearms dealer licensed under 18 U.S.C. 923 to any branch of the Armed Forces of the United States or to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes. (3) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall, within 120 days after the effective date of this 2013 Act, without being subject to prosecution: (a) Remove the assault weapon or large capacity magazine from the state; (b) Sell the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2) of this section; (c) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction; (d) Render the assault weapon permanently inoperable; or (e) If eligible, register the assault weapon or large capacity magazine as provided in section 4 of this 2013 Act. (4) A person acquiring an assault weapon or large capacity magazine by inheritance, bequest or succession shall, within 120 days after acquiring title, without being subject to prosecution under this section: (a) Surrender the assault weapon or large capacity magazine to a law enforcement agency for destruction; (b) Transfer the assault weapon or large capacity magazine to a firearms dealer licensed under 18 U.S.C. 923 for lawful sale or transfer under subsection (2) of this section; (c) Render the assault weapon permanently inoperable; or (d) If eligible, register the assault weapon or large capacity magazine as provided in section 4 of this 2013 Act. (5) Unlawful possession or transfer of an assault weapon or large capacity magazine is a Class B felony. + } SECTION 4. { + (1) Any person seeking to register an assault weapon or large capacity magazine shall do so as provided in this section within 120 days after the effective date of this 2013 Act. (2) In order to register an assault weapon under this section, a person must: (a) Be the lawful owner of the assault weapon prior to the effective date of this 2013 Act; and (b) Submit to a criminal background check conducted by the Department of State Police to confirm that the person is not a prohibited possessor under ORS 166.250. (3) In order to register a large capacity magazine under this section, a person must: (a) Be the lawful owner of the large capacity magazine prior to the effective date of this 2013 Act; and (b) Submit to a criminal background check conducted by the department to confirm that the person is not a prohibited possessor under ORS 166.250. (4) A person may not register more than one assault weapon and three large capacity magazines under this section. Additional assault weapons and large capacity magazines must be disposed of in the manner specified in section 3 of this 2013 Act.

 

[Seedy]

Continued:

(5) A registered owner of an assault weapon or large capacity magazine is required to: (a) Securely store the assault weapon or large capacity magazine pursuant to rules and regulations adopted by the department; (b) Allow an inspector from the department to inspect the storage of assault weapons and large capacity magazines to ensure compliance with this subsection; (c) Possess the assault weapon or large capacity magazine only: (A) On property owned or immediately controlled by the registered owner; (B) On the premises of a firearms dealer or gunsmith licensed under 18 U.S.C. 923 for the purpose of lawful repair; (C) While engaged in the legal use of the assault weapon or large capacity magazine at a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting; or (D) While transporting the weapon in a vehicle as permitted in ORS 166.250; and (d) Report the loss or theft of a registered assault weapon or large capacity magazine to the appropriate law enforcement agency within 48 hours of the discovery of the loss or theft. (6) A registered owner of an assault or large capacity magazine may not sell or transfer the assault weapon or large capacity magazine except to a firearms dealer or gunsmith licensed under 18 U.S.C. 923 for lawful sale or transfer under section 3 (2) of this 2013 Act or for the purpose of disposal as provided in section 3 of this 2013 Act. + } SECTION 5. { + (1) Upon receipt of a request from a person seeking to register an assault weapon or large capacity magazine, the Department of State Police shall determine from criminal records and other available information whether the potential registrant is disqualified under ORS 166.250 from possessing the assault weapon or large capacity magazine. (2) The department may adopt a fee schedule for criminal background checks as provided in ORS 166.414. (3) The department shall create and maintain a registry for owners of assault weapons and large capacity magazines who qualify for registration under section 4 of this 2013 Act. The department may adopt rules concerning the administration of the registry, including but not limited to renewal and revocation procedures and storage requirements for assault weapons and large capacity magazines. (4) The department may conduct inspections of registered owners of assault weapons and large capacity magazines to ensure compliance with the storage requirements of section 4 of this 2013 Act. + } SECTION 6. { + This 2013 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2013 Act takes effect on its passage. + } ----------

 

[Yellow109r]

Wow they need to focus on getting the guns out if the criminals hands and not "us" law Abiding citizens

 

[JCW355]

Those people need to remember who sponsered this BS and do all they can to get them out of office.

 

[cjjtulsa]

It will never pass at this time, but should be a warning of where we're headed.

 

[flatwins]

I'm sure all the criminals will agree to let big brother inspect their safes.

 

[okietom]

Wow they need to focus on getting the guns out if the criminals hands and not "us" law Abiding citizens

A lot of the gun grabbers look at any gun owner as an accomplice to gun crime and feel that we are stupid for not understanding why they feel that way.

 

[Danny Tanner]

A lot of the gun grabbers look at any gun owner as an accomplice to gun crime and feel that we are stupid for not understanding why they feel that way.

Yep. I've had somebody recently tell me that citizens shouldn't be allowed to own "assault rifles" because criminals can steal them. Way to criminalize the victim!

 

[okietom]

Their main argument that "you don"t need that" pisses me off. It proves how stupid they are. I gotta stop. I can't peck fast enough on my iPad to be pissed about this stuff.

 

[Street Rat]

Those people need to remember who sponsered this BS and do all they can to get them out of office.

Or, let the most restrivtive bills pass and see what happens. What I'm afraid is going to happen is, bills like California, New York, and Colorado's are going to keep passing and getting more restrictive as time goes by until the subjects are no longer a threat, and the government run media will continue to sway the minds of those who can't think for themselves, then confiscation, or maybe they'll let us keep a 22cal bolt action or something, because afterall , we do have a right to keep and bear arms, it shall not be infringed...