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CHILD SAFETY LOCK ACT OF 2005 in Oregon Knowledge and Enforcement

Discussion in 'Legal & Political Archive' started by bigwhig, May 22, 2011.

  1. bigwhig

    bigwhig Portland New Member

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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.
     
  2. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    I read this and wonder what the additional exceptions are?
     
  3. bigwhig

    bigwhig Portland New Member

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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.
     
  4. drew

    drew OR Well-Known Member

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    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)

     
  5. MA Duce

    MA Duce Central Oregon Well-Known Member

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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????
     
  6. drew

    drew OR Well-Known Member

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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.
     
  7. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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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.
     
  8. nonsense

    nonsense Portland, OR Member

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  9. joeroket

    joeroket Everett,Wa. Active Member

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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.
     
  10. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    My Ruger LCP came with a padlock that can pass through the slide and the empty grip (no magazine). It is standard for all LCP's. (The LCP has no safety device/mechanism). The lock is collecting dust somewhere.....
     
  11. nwo

    nwo Southern Oregon Well-Known Member

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    I believe most new guns come with some type of lock from the factory. If it's a used gun, the dealer usually GIVES one to the customer. That has been my experience.
     
  12. bigwhig

    bigwhig Portland New Member

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    So! If the gun has a safety then no lock need be provided?
    Hmmmm. The plot thickens.
     
  13. SPU

    SPU Southwest Oregon Old Fart

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    You can get them free at your local VA if you are a veteran. The one I live near has them in a basket for the taking in the Mental Health Clinic waiting room.
     
  14. bigwhig

    bigwhig Portland New Member

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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???
     
  15. MikeSettles

    MikeSettles Vancouver, Washington Active Member

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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.
     
  16. joeroket

    joeroket Everett,Wa. Active Member

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    "A" would be a safety IMO and "B" would be a sear block.
     
  17. joeroket

    joeroket Everett,Wa. Active Member

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    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.
     
  18. MA Duce

    MA Duce Central Oregon Well-Known Member

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    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.
     
    MikeSettles and (deleted member) like this.
  19. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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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.
     
  20. joeroket

    joeroket Everett,Wa. Active Member

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    They did provide him one, for a nominal fee. Nowhere does it state that the lock must be free.