Oregon HB 2005 4-11-2023

[dinky450]

Looks like they are going to proceed. OFF says it will be on the floor tomorrow.

Times Up. – Oregon Firearms Federation

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[Librarian]

Here's what I think is going on -

New text as of today, April 10, at https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/HB2005/B-Engrossed

(13) "Receiver" means the part of a rifle, shotgun or projectile weapon other than a handgun, or a variant of a rifle, shotgun or projectile weapon other than a handgun, that provides housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence, even if pins or other attachments are required to connect the component to the housing or structure.

page 2 line 28

SECTION 4. (1)(a) A person may not knowingly offer for sale, sell or transfer a firearm unless the firearm has been imprinted with a serial number by a federally licensed firearm manufacturer, importer or dealer, or a gunsmith with a federal firearms license, in accordance with federal law.
(b) A person may not knowingly possess a firearm unless the firearm has been imprinted with a serial number by a federally licensed firearm manufacturer, importer or dealer, or a gunsmith with a federal firearms license, in accordance with federal law.

page 3 line 27

Federal law does not require serial numbers on guns. There are rules for exactly how such numbers must be applied by manufacturers or importers, but unserialized guns are legal - antiques, milsurp, etc.

It is a crime in Federal law, at 18 USC 922(k) to remove a SN.

(k) It shall be unlawful for any person knowingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered or to possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce.

What seems to be going on here is a blend of Federal law and new Oregon law, where 27 CFR 479.02 (a)(1) tells us

(1) Serial number, name, place of business. By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or otherwise placed on the frame or receiver thereof, an individual serial number, in a manner not susceptible of being readily obliterated, altered, or removed. ...

and new OR definitions, where handguns have frames, and long guns have receivers.

Interlude - here's a 2019 article from TTAG about BATF and the definition of 'the firearm' for an AR-type weapon: https://www.thetruthaboutguns.com/t...-15-lower-as-a-firearm-is-in-serious-trouble/

Back now? This will make more sense if you have read the article.

I think these are the key graphs:

So the government has known that the ATF is using a faulty interpretation of federal law to regulate the sale of AR-15 lowers for decades now. And the deal they cut in the Roh prosecution doesn't change that in the slightest. ... The only way to fix this is through new legislation. Congress alone can change federal law to define a frame or receiver in such a way that AR-15 rifles are covered. That's why Attorney General Lynch wrote the letter she did back in 2016, suggesting a legislative fix. But Congress apparently shrugged that off.

So, it looks like either an idiot or a slick-thinker is trying to set up a condition where Oregon law will require BOTH uppers AND lowers to be serialized to be sold here.

Here's where they try to apply it to possession: p 16 line 43

SECTION 16. Section 4 of this 2023 Act is amended to read: Sec. 4. [(1)(a)] (1) A person may not knowingly possess, offer for sale, sell or transfer a firearm unless the firearm has been imprinted with a serial number by a federally licensed firearm manufacturer, importer or dealer, or a gunsmith with a federal firearms license, in accordance with federal law.

But Federal law doesn't require serialized uppers. According to Roh, above, Federal law doesn't know what it requires.

But I bet it's going to take yet another lawsuit ...

 

[PiratePast40]

Pffftt, pesky peasants and their stupid little annoying laws that don't apply to us.

 

[Rem700..300]

Sent this to Dan Raymond last night. House leader and in my district.

Good Morning,
Please vote No or dont bring this bill to the floor for a vote. This bill is not about gun safety but a gun ban. That is all LEVO cares about. It won't make anything safer. What is really sad in my mind is the legislature won't even wait for 114 to play out in court because you know it is poorly written and unconstitutional.
According to federal law the complete reciever already has a serial number if store bought which mine is and background check done and passed. Why should Oregon be able to change a rule that is federally regulated. Very few if any uppers are serialized as you probably already know and highly suspect why the legislature is doing it this way. If this passes which I suspect it will because common sense is gone in this state, what is the process to get the upper serialized? Will that be published? Or like m114 we havent figured that out. How many millions of tax dollars are going to be spent defending this? Dollars that should be spent on Oregon's drug problem that 110 was suppose to help cure. Or how about the homeless issues and crime that are destroying our neighborhoods and public lands. We just got back from partipating in the Public Land Stewards of Bend clean-up of the China Hat area. Look it up on Facebook. This is what the Oregon legislature should concentrate on in my mind. I can't even get a reply out of my Senator from Corvallis. Not going to give up on this great state yet.
Thank you for listening,

 

[Rem700..300]

I hope I didnt go over the top but was frustrated.

 

[DivCurlGrad72]

Did my part: wrote and told them (Republicans) to walk out.

 

[CO136]

Did my part: wrote and told them (Republicans) to walk out.

I did the same thing last night. Deny them quorum as best you can ... Walk Out! Not the way legislature should work (and there are penalties attached), but...

 

[dinky450]

looks like the did not finish the session from yesterday. it will probably be moved to tomorrow morning.

 

[jayR]

Here's the house in session..
https://olis.oregonlegislature.gov/liz/mediaplayer/?clientID=4879615486&eventID=2023041030

 

[Aero Denezol]

So, it looks like either an idiot or a slick-thinker is trying to set up a condition where Oregon law will require BOTH uppers AND lowers to be serialized to be sold here.

Incredible... I don't have words.

 

[Saladfarmer]

so... Would slides have to be serialized then?

 

[solv3nt]

so... Would slides have to be serialized then?

Ha! They would.

 

[dinky450]

so... Would slides have to be serialized then?

That's a great question I thought about as well. Knowing the people trying to ban guns my guess firearm that separates like any modern pistol or firearm will be banned.

 

[PiratePast40]

That's a great question I thought about as well. Knowing the people trying to ban guns my guess firearm that separates like any modern pistol or firearm will be banned.

They have no idea, just doing what they're told by LEVO and MDA. They don't dare question what their masters told them to do. Besides, the checks have already been cashed and spent.

 

[PiratePast40]

Here's another little gem:

"(2)(a) A person may not knowingly possess an unfinished frame or receiver that is not serialized as provided in subsection (1)(a)(B) of this section, unless: "(A) The person is a federally licensed gun manufacturer; and "(B) The unfinished frame or receiver is an unfinished part within a manufacturing process that includes serialization.

You will now be a criminal for possessing a chunk of aluminum or plastic. Just fng wonderful

 

[solv3nt]

Here's another little gem:

"(2)(a) A person may not knowingly possess an unfinished frame or receiver that is not serialized as provided in subsection (1)(a)(B) of this section, unless: "(A) The person is a federally licensed gun manufacturer; and "(B) The unfinished frame or receiver is an unfinished part within a manufacturing process that includes serialization.

You will now be a criminal for possessing a chunk of aluminum or plastic. Just fng wonderful

Well, mine will be attached to the lower and my illegal magazines

 

[Saladfarmer]

Ha! They would.

Reading the current iteration, I'm not seeing slides being defined as a receiver or frame.
But I'm not a lawyer, my parents loved me.

If every person had to bring in their autoloader (except for Glock and maybe some others) for additional serialization on the slide, how would that even work? I know they don't care.
But I don't see anything about a slide being defined as something being a frame or receiver. Especially since the FCG is in the frame.
If I missed something please highlight that area in the code we're all looking through here.
Thank you

 

[solv3nt]

Reading the current iteration, I'm not seeing slides being defined as a receiver or frame.
But I'm not a lawyer, my parents loved me.

If every person had to bring in their autoloader (except for Glock and maybe some others) for additional serialization on the slide, how would that even work? I know they don't care.
But I don't see anything about a slide being defined as something being a frame or receiver. Especially since the FCG is in the frame.
If I missed something please highlight that area in the code we're all looking through here.
Thank you

Oops, sorry, it only applies to rifles or shotguns.

 

[The Heretic]

so... Would slides have to be serialized then?

If you mean a handgun slide not sure.

There is a new version B that might have changed somewhat:

https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/HB2005/B-Engrossed

 

[peteNW503]

So are county police going to start going door to door to
confiscate any upper not serialized, magazines over 10 rounds? I legitimately want to know what their end goal is. I'm definitely going to start looking for a better place to live! Love what Oregon use to be not what it is now. Libs got what they wanted a Utopia of they , thems with one train of thought and opposition will be black balled, fined or imprisoned.