CHILD SAFETY LOCK ACT OF 2005 in Oregon Knowledge and Enforcement

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SO I had an interesting experience this week in the Portland area. A friend and I went to pick up a few auction purchases from a local pawn shop/FFL dealer in the area. We were told that a handgun safety lock had to be brought in or bought for each handgun in order to leave the store. (They of course failed to mention this until we came to the store only pointing out the usual FFL fees on the phone)

They said it is a federal law. We had never heard of such a law and have purchased several handguns locally from 2 of Portland largest dealers. I assumed it was a house policy to squeeze a few more bucks on FFL transactions and they just said it was a federal law to stop further argument.

When we left I called the 2 dealers I had bought from in the past. Nether dealer had any knowledge of a federal law requiring handgun locks be provided with purchase. We even stopped by another dealer and asked if they had any knowledge of this law and they did not.

So, I got home and dug this up:
ATF Open Letter to Federal Firearms Licensees - Child Safety Lock Act of 2005

And The Full Law (see sec 922):
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

So as far as I can tell the pawn shop was absolutely right

Thoughts? Opinions?

BTW I do not necessarily agree with the law and all of the dealers I talked to provide locks free of charge if requested.
 
OP
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I believe they are listed within the long version of the law, such things as being a law enforcement officer precludes you, but I saw nothing that would preclude joe customer or dealers.
 
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I believe they are listed within the long version of the law, such things as being a law enforcement officer precludes you, but I saw nothing that would preclude joe customer or dealers.
Yep. Also relic and curio handguns.

From the pdf in the first post. Guessing this hasn't changed. It's good to see nice simple gun laws :rolleyes:. 26 subsections is quite a bit.

§ 922(z)

(2) EXCEPTIONS – Paragraph shall not apply to--

(A)(i) the manufacture for, transfer to, or possession by, the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a handgun; or
(ii) the transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a handgun for law enforcement purposes whether on or off duty); or
(B) the transfer to, or possession by a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a handgun for purposes of law enforcement (whether on or off duty);
(C) the transfer to any person of a handgun listed as a curio or relic by the Secretary pursuant to section 921(a)(13); or
(D) the transfer to any person of a handgun for which a secure gun storage or safety device is temporarily unavailable for the reasons described in the exceptions stated in section 923(e), if the licensed manufacturer, licensed importer, or licensed dealer delivers to the transferee within 10 calendar days from the date of the delivery of the handgun to the transferee a secure gun storage or safety device for the handgun.
 
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I am struggling here folks so help me out......what could be the reason for this law?? The only thing I can think of is to sell locks. Is this just some feel good PC crap from ignorant left lawmakers????
 
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I am struggling here folks so help me out......what could be the reason for this law?? The only thing I can think of is to sell locks. Is this just some feel good PC crap from ignorant left lawmakers????
This is one of the "think of the children" laws. I doubt most people actually use these locks. There's better ways to secure firearms.
 

ZigZagZeke

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The law states the the DEALER/SELLER is responsible for providing the locks. Having the customer buy them is probably a violation of the law.
 
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Did anyone bother to read USC 18 sec. 921(a)34? Modern firearms meet subsection A and B. A manual safety would meet subsection A, or an internal safety such as a sear block would meet subsection B. Also the law requires that dealers provide a lock to the purchaser.

(34) The term "secure gun storage or safety device" means -

(A) a device that, when installed on a firearm, is designed to
prevent the firearm from being operated without first
deactivating the device;

(B) a device incorporated into the design of the firearm that
is designed to prevent the operation of the firearm by anyone not
having access to the device; or

(C) a safe, gun safe, gun case, lock box, or other device that
is designed to be or can be used to store a firearm and that is
designed to be unlocked only by means of a key, a combination, or
other similar means.
 
OP
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Did anyone bother to read USC 18 sec. 921(a)34? Modern firearms meet subsection A and B. A manual safety would meet subsection A, or an internal safety such as a sear block would meet subsection B. Also the law requires that dealers provide a lock to the purchaser.

(34) The term "secure gun storage or safety device" means -

(A) a device that, when installed on a firearm, is designed to
prevent the firearm from being operated without first
deactivating the device.
So! If the gun has a safety then no lock need be provided?
Hmmmm. The plot thickens.
 
OP
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So it looks like we need a Fed (or lawyer) to break down the legal verbiage. It's understood that they are provided free or that dealers will give them if asked but the real issue is whether it is within a dealers rights to require one (especially if there is already a safety device integrated) and whether or not they can make the customer pay for the device.

"(34) The term "secure gun storage or safety device" means -

(A) a device that, when installed on a firearm, is designed to
prevent the firearm from being operated without first
deactivating the device;

(B) a device incorporated into the design of the firearm that
is designed to prevent the operation of the firearm by anyone not
having access to the device; or

(C) a safe, gun safe, gun case, lock box, or other device that
is designed to be or can be used to store a firearm and that is
designed to be unlocked only by means of a key, a combination, or
other similar means"

Is "A" a safety or a Lock???? or are both A and B types of locks???
 
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My wife's Taurus Millenium Pro came with both a cable lock, and a little key which fits a screw head on the side of the slide. 1/2-turn disables the pistol: Slide won't move and trigger is locked. This appears to be both "A" and "B".

Neither get used: Gun safe.
 
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So it looks like we need a Fed (or lawyer) to break down the legal verbiage. It's understood that they are provided free or that dealers will give them if asked but the real issue is whether it is within a dealers rights to require one (especially if there is already a safety device integrated) and whether or not they can make the customer pay for the device.

"(34) The term "secure gun storage or safety device" means -

(A) a device that, when installed on a firearm, is designed to
prevent the firearm from being operated without first
deactivating the device;

(B) a device incorporated into the design of the firearm that
is designed to prevent the operation of the firearm by anyone not
having access to the device; or

(C) a safe, gun safe, gun case, lock box, or other device that
is designed to be or can be used to store a firearm and that is
designed to be unlocked only by means of a key, a combination, or
other similar means"

Is "A" a safety or a Lock???? or are both A and B types of locks???
"A" would be a safety IMO and "B" would be a sear block.
 
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My wife's Taurus Millenium Pro came with both a cable lock, and a little key which fits a screw head on the side of the slide. 1/2-turn disables the pistol: Slide won't move and trigger is locked. This appears to be both "A" and "B".

Neither get used: Gun safe.
I would think that would fall under "A" only unless turning the screw renders the pistol inoperable if dropped. "B" sounds to me like something blocking the pin/striker from impacting the primer.
 
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This is one of the "think of the children" laws. I doubt most people actually use these locks. There's better ways to secure firearms.
Yeah...education is the best. My daughter learned from a very early age what firearms were for. They held no mystery for her, and she saw what they did to the animals I hunted and brought home. She learned how to handle them safely and knew where the loaded ones were in case she needed them. Education and responsible parentage seemed to be the best child protection available. Maybe I was wrong, but she grew up safe and can defend herself if the need arises.
 
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hmm...quoting here "This new section makes it generally unlawful for “any licensed importer, manufacturer, or dealer to sell, deliver, or transfer any handgun to any person, other than another licensee, unless the transferee (buyer) is provided with a secure gun storage or safety device for that handgun.”"

Now the way that is written it says that the licensee cannot deliver it unless the transferee (buyer) IS PROVIDED with a secure gun storage or safety device.

Notice it doesn't say "sell him one" it says IS PROVIDED. I'd go back to the store and demand the money back.
 
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hmm...quoting here "This new section makes it generally unlawful for "any licensed importer, manufacturer, or dealer to sell, deliver, or transfer any handgun to any person, other than another licensee, unless the transferee (buyer) is provided with a secure gun storage or safety device for that handgun.""

Now the way that is written it says that the licensee cannot deliver it unless the transferee (buyer) IS PROVIDED with a secure gun storage or safety device.

Notice it doesn't say "sell him one" it says IS PROVIDED. I'd go back to the store and demand the money back.
They did provide him one, for a nominal fee. Nowhere does it state that the lock must be free.
 

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