Oregon HB 2005 4-11-2023

solv3nt · Jun 20, 2023

PiratePast40 said:
That's sig line material!

Stole it!

arakboss · Jun 21, 2023

Koda said:
Does HB2005 affect handgun slides as "uppers"?

I am confused as to which part will be the frame or receiver on platforms that can be either a rifle or a handgun?

HB2005 has this definition for Frame of handgun.

(5) "Frame" means the part of a handgun, or variant of a handgun, that provides housing or a structure for the primary energized component designed to hold back the hammer, striker, bolt or similar element, prior to initiation of the firing sequence, even if pins or other attachments are required to attach the component to the housing or structure.

HB2005 has this definition for Receiver of long gun.

(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.

In the case of an AR that is configured as a pistol, the lower would be the defined frame. If the AR was configured as a rifle or shotgun the upper would be the defined receiver?

If I am understanding HB2005's definitions correctly than an AR lower without serialization could legally be used in a rifle but not in a pistol. The upper would be required to be serialized in a rifle or shotgun. I realize this is not how the Feds view it but HB2005 has it's own definitions laid out for us.

PiratePast40 · Jun 21, 2023

arakboss said:
I am confused as to which part will be the frame or receiver on platforms that can be either a rifle or a handgun?

HB2005 has this definition for Frame of handgun.

(5) "Frame" means the part of a handgun, or variant of a handgun, that provides housing or a structure for the primary energized component designed to hold back the hammer, striker, bolt or similar element, prior to initiation of the firing sequence, even if pins or other attachments are required to attach the component to the housing or structure.

HB2005 has this definition for Receiver of long gun.

(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.

In the case of an AR that is configured as a pistol, the lower would be the defined frame. If the AR was configured as a rifle or shotgun the upper would be the defined receiver?

If I am understanding HB2005's definitions correctly than an AR lower without serialization could legally be used in a rifle but not in a pistol. The upper would be required to be serialized in a rifle or shotgun. I realize this is not how the Feds view it but HB2005 has it's own definitions laid out for us.

Those definitions were removed in 2005 C, the latest version. That is referred to as 2005 engrossed. You find that version at the upper left of the bill overview page.

Instead of just a copied paragraph of the regulation, they now cite the regulation itself, i.e., 27CFR 478.12, which is the ATF definition that contains the carve-out for certain firearms. If you scroll down, you'll see that, for AR style firearms, the lower is the receiver, and not the upper. Others are specifically called out as well.

I have no idea if it was ignorance, arrogance, or hubris that caused them to have the partial definitions in the previous versions. I suspect it was a combination of all three.

ETA, to further clarify: Look at page (2), 18 of 2005 engrossed: (18)(a) "Unfinished frame or receiver" means a forging, casting, printing, extrusion, machined body or similar item that: (A) Is designed to or may readily be completed, assembled or otherwise converted to function as a frame or receiver; or (B) Is marketed or sold to the public to be completed, assembled or otherwise converted to function as a frame or receiver.

That little ditty above is a departure from the federal regulation i.e.,

Example 4 to paragraph (c)—Not a receiver:

A billet or blank of an AR–15 variant receiver without critical interior areas having been indexed, machined, or formed that is not sold, distributed, or possessed with instructions, jigs, templates, equipment, or tools such that it may readily be completed is not a receiver.

Example 5 to paragraph (c)—Not a receiver:

A flat blank of an AK variant receiver without laser cuts or indexing that is not sold, distributed, or possessed with instructions, jigs, templates, equipment, or tools is not a receiver, as a person cannot readily fold the flat to provide housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence.

Look at Section 5 of 2005C. (1)(a) prohibits import, offer for sale, or sell of the unfinished receiver. Toward the end of Section 5, we have the prohibition of possession: Act. (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: ...

You now have the references and explanations available to all of us.

CamoDeafie · Jun 21, 2023

Don't forget also the ATF's Frame or Reciver Final Rule that's still being litigated in Court.

arakboss · Jun 21, 2023

PiratePast40 said:
Those definitions were removed in 2005 C, the latest version. That is referred to as 2005 engrossed. You find that version at the upper left of the bill overview page.

Instead of just a copied paragraph of the regulation, they now cite the regulation itself, i.e., 27CFR 478.12, which is the ATF definition that contains the carve-out for certain firearms. If you scroll down, you'll see that, for AR style firearms, the lower is the receiver, and not the upper. Others are specifically called out as well.

I have no idea if it was ignorance, arrogance, or hubris that caused them to have the partial definitions in the previous versions. I suspect it was a combination of all three.

ETA, to further clarify: Look at page (2), 18 of 2005 engrossed: (18)(a) "Unfinished frame or receiver" means a forging, casting, printing, extrusion, machined body or similar item that: (A) Is designed to or may readily be completed, assembled or otherwise converted to function as a frame or receiver; or (B) Is marketed or sold to the public to be completed, assembled or otherwise converted to function as a frame or receiver.

That little ditty above is a departure from the federal regulation i.e.,

Example 4 to paragraph (c)—Not a receiver:
A billet or blank of an AR–15 variant receiver without critical interior areas having been indexed, machined, or formed that is not sold, distributed, or possessed with instructions, jigs, templates, equipment, or tools such that it may readily be completed is not a receiver.

Example 5 to paragraph (c)—Not a receiver:
A flat blank of an AK variant receiver without laser cuts or indexing that is not sold, distributed, or possessed with instructions, jigs, templates, equipment, or tools is not a receiver, as a person cannot readily fold the flat to provide housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence.

Look at Section 5 of 2005C. (1)(a) prohibits import, offer for sale, or sell of the unfinished receiver. Toward the end of Section 5, we have the prohibition of possession: Act. (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: ...

You now have the references and explanations available to all of us.

That was very generous of them to provide that exemption for uppers. Hopefully the retailers will get the memo on this and not cut us off.

PiratePast40 · Jun 21, 2023

arakboss said:
That was very generous of them to provide that exemption for uppers. Hopefully the retailers will get the memo on this and not cut us off.

The exemption is in the CFR. The authors of HB2005 omitted it the first time.

PiratePast40 · Jun 21, 2023

OFF Alert

06.21.2023
HOUSE REPUBLICANS FOLD
Today, after lengthy delays due to technical issues that shut down state websites, the House Republicans folded up and provided the quorum the Democrats needed to pass House Bills 2002 and 2005.

These were the two bills that were reported to be the reason the Senate Republicans staged their walkout.

When several Republican Senators cut a deal and came back, these bills easily passed on the Senate floor. By then, of course, the most conservative Senators had enough "unexcused absences" to be victims of Measure 113 and they will not be allowed to serve as legislators again.

It was a deal only Hunter Biden could love. The Democrats got everything they wanted, the conservative Republicans and Oregonians, got screwed. So the same warped hypocrites who keep demanding that we "elect more Republicans" made sure that the most principled Republicans would get the boot.

They agreed to come back and hand over everything to the Democrats AFTER the best Republicans gave up their political futures. Mind boggling.

And now the House has followed suit and completed the devil's bargain. And they never even faced losing their seats. This level of cowardice is not even describable.

While some House Republicans did boycott the floor session, in the end it made no difference. The curse was cast. Now Oregon gun owners face years and years in prison for making their own firearms. This is simply a disgrace.

Any Republican who tells you they voted "no" is blowing smoke. As long as they were on the floor they may as well have voted "yes".

To top it all off, last night Republican "leaders" held a ZOOM call with Republican precinct committee persons. In that call, in addition to lauding themselves for the great deal they made, Senate Republican Leader Tim Knopp claimed there were 6 anti-gun bills and the Republicans outright killed 5 of them. Tim must not have been looking at the schedule because shortly before the ZOOM call started the Senate Rules Committee posted notice of a public hearing and work session on HB 2572, the anti-gun "paramilitary bill." That was held at 8am and the bill was passed to the floor where it will undoubtedly pass.(Virtually all of this hearing was not available to the public due to technical issues.)

Republican Leaders.

We thank each of you who never gave up and worked so damn hard to fight for liberty. It's an embarrassment that most of the people who we elected have no such commitment.

The House Reps who showed up to provide quorum were:
Breese-Iverson, Cate, Conrad, Elmer, Goodwin, Helfrich, Javadi, Lewis, Mannix, McIntire, Owens, Smith G, Stout, Wallan.

We'll have more for you in the days ahead.

Categories: OFF Alerts, Uncategorized

Saladfarmer · Jun 21, 2023

sad day

Jade Falcon · Jun 21, 2023

Which one was measure 2002? 2005 was the "ghost gun" bill, right?

CamoDeafie · Jun 21, 2023

Jade Falcon said:
Which one was measure 2002? 2005 was the "ghost gun" bill, right?

2002 is the abortion one, supposedly amended to remove a lot of things that it had before.

PiratePast40 · Jun 26, 2023

OFF newsletter on passage of HB 2005. The fight will continue, but only if we have the will to do so. We can complain on the internet or actually do something.

It's Over.
06.25.2023

Today is constitutional "sine die". The official end of the legislative session.

Yesterday, thanks to the Senate Republicans who returned to the floor to grease the skids for the Democrats, the anti-gun "paramilitary" bill HB 2572 was passed and now heads off to Governor Tina for her signature.

On the floor for this one last humiliation were Senators Anderson, Bonham, Findley, Girod, Knopp, Robinson, DB Smith and Weber.

We have no idea why Robinson and Bonham came back for this as they were part of the walkout and are now victims of Ballot Measure 113.

As you know, Brock-Smith and Anderson have been there virtually every day to assure themselves the opportunity to run again, something that, barring a successful lawsuit, most Republican Senators won't be able to do.

HB 2572 is an outrageous attack on gun rights and a gift to violent left wing extremists. That was never hidden as the bill moved through the legislature. The promoters of the bill noted in their comments that it was aimed at "III%ers" and "Proud Boys" while pointing out (to appease the ACLU) that it will not affect the favored tactics of Marxist rioters. The way the bill was crafted it was clear that antifa would not be targeted by this transparently ugly legislation.

Joining the far left to pass this bill were Republican House Reps Kevin Mannix and Charlie Conrad.

Republican Kim Wallan voted against it, but only because she did not think its penalties were harsh enough.

Mannix's anti-gun record goes back decades. Conrad is new at this game.

It should be noted that when Conrad ran for office he defeated a rock solid conservative, Nicole DeGraff ,by less than 100 votes. It should also be noted that DeGraff was torpedoed by the House Republican "leader" (Vikki Iverson) and Iverson's husband, who told DeGraff that she would never be supported because she accepted a donation from OFF's Political Action Committee. Iverson's PAC gave Conrad $10,000.00 to help defeat DeGraff.

(Conrad refused to respond to OFF's candidate survey.)

So the House Republican "leader" help finance a candidate who not only supports more gun control but was the only Republican to vote for HB 2002, which the Republican Senators claimed was their main reason for their failed walkout.

There is no way the Democrats could have forged a better deal for themselves than Republican Senate Leader Tim Knopp forged for them. First, get the most conservative Senators to stay out long enough to become subject to the Measure 113 rules denying them a political future and then give away the store. It was brilliant. We hope the Democrats have prepared a proper reward for Knopp.

We have to admit, Tim had us going there for a while. After having proven himself to be a complete sell out in previous sessions, he appeared to have received a spine transplant and led what could have been an amazingly successful strategy to stop the Democrats demented agenda. And we encouraged people to thank him and the Senators who walked away from this sideshow.

Well, as George Bush once said "There's an old saying in Tennessee—I know it's in Texas, probably in Tennessee—that says, fool me once, shame on—shame on you. Fool me—you can't get fooled again."

But it won't matter. Wherever Tim winds up (and he will wind up somewhere) his chances of winning his own district again are pretty slim even in the event he's allowed to run again. So really, why should he care if he shot down so many of his colleagues?

Have no fear however, two of the worst Republican Senators, Anderson and Brock Smith are safe. They dutifully showed up day after day. No doubt they are praying for short memory voters.

Meanwhile over at the House, while some House members stayed off the floor for the final concurrence vote on HB 2005, the criminalization of personally manufactured firearms, enough of them came to provide quorum and guarantee it would pass. And because of some confusion caused by a massive, hours long website crash, even the ones who didn't come to the floor were given excused absences meaning that once again, they risked NOTHING. And of course, we…got nothing.

Now thanks to the almost incomprehensible cowardice of Republican House Members, Oregonians face 5 years in prison for each personally manufactured firearm in their possession. Never mind that courts have already found this kind of law to be unconstitutional, this is Oregon and we will find a way to prosecute you.

Apparently the official position of the Republican House Reps is that this is all no big deal. In fact, not only are they proud of the deal they cut, they want you to be proud of it too. You can hear a half hour of nausea inducing self congratulation in this meeting that the "leadership," and Vikki Iverson's husband, had with Republican precinct committee people. Why was Iverson's husband on the call? Well he's the guy who threatens candidates who accept our support. He's also one of the geniuses behind the "Oregon 13" website where you could buy a tee shirt or coffee mug to celebrate the staggering failure of the Senate walkout. That site was not responding last time we checked it. But some folks did get tee shirts, and a least one of them registered their discontent thusly.

On at least one amusing note, the legislature also passed HB 3443. And this one did make us smile.

The summary of the bill says : "Prohibits landlords from terminating lease or taking other specified actions due to status of tenant as victim of bias crime."

The oh-so-compassionate left demanded this bill to protect people who were victims of "bias crimes."

But our favorite parts are Sections 8 and 16, which allow victims of bias crimes, and oddly, people who man bias crime "hotlines" to become part of Oregon's "Address Confidentiality Program". This program has historically protected people whose lives were in danger due to threats of domestic violence.

Well try as we may, the compassion Nazis just were not interested when we repeatedly pointed out to them that persons in this program are prohibited from purchasing firearms because they have no ID with their actual address on it.

So, yessireee, they can now break a lease but they can't protect themselves. Another deal so brilliant you would think it was dreamed up by Republican leadership. It was no surprise that Senators Anderson, Knopp, and Findley and Weber voted for it.

On the House side it got the nod from (of course) Charlie Conrad, Helfrich, Owens and Greg Smith. James Heib voted yes but attempted to change his vote to "no." The Democrats refused to allow him to change his vote. It would not have changed the outcome. It was just Democrats being the vindictive, petty, jerks they are. (Aided daily by Republican cowards.)

All in all, a long disgraceful display. But if if makes you feel better the budgets now include items to promote legalized sex trafficking and a "state run" bank. The committee studying a "state bank" must include someone experienced in the marijuana business. No, we are not making this up. May it only be as successful as the state's efforts to mail unemployment checks during covid.

We will have more in the coming days, but we want to remind you that the very same Republicans House Reps who allowed HB 2005 to pass have promised to sue to stop it. Let us not let them forget that. Ever. This one is on them, period.

Rkangel · Jun 26, 2023

PiratePast40 said:
OFF newsletter on passage of HB 2005. The fight will continue, but only if we have the will to do so. We can complain on the internet or actually do something.

It's Over.
06.25.2023

Today is constitutional "sine die". The official end of the legislative session.

Yesterday, thanks to the Senate Republicans who returned to the floor to grease the skids for the Democrats, the anti-gun "paramilitary" bill HB 2572 was passed and now heads off to Governor Tina for her signature.

On the floor for this one last humiliation were Senators Anderson, Bonham, Findley, Girod, Knopp, Robinson, DB Smith and Weber.

We have no idea why Robinson and Bonham came back for this as they were part of the walkout and are now victims of Ballot Measure 113.

As you know, Brock-Smith and Anderson have been there virtually every day to assure themselves the opportunity to run again, something that, barring a successful lawsuit, most Republican Senators won't be able to do.

HB 2572 is an outrageous attack on gun rights and a gift to violent left wing extremists. That was never hidden as the bill moved through the legislature. The promoters of the bill noted in their comments that it was aimed at "III%ers" and "Proud Boys" while pointing out (to appease the ACLU) that it will not affect the favored tactics of Marxist rioters. The way the bill was crafted it was clear that antifa would not be targeted by this transparently ugly legislation.

Joining the far left to pass this bill were Republican House Reps Kevin Mannix and Charlie Conrad.

Republican Kim Wallan voted against it, but only because she did not think its penalties were harsh enough.

Mannix's anti-gun record goes back decades. Conrad is new at this game.

It should be noted that when Conrad ran for office he defeated a rock solid conservative, Nicole DeGraff ,by less than 100 votes. It should also be noted that DeGraff was torpedoed by the House Republican "leader" (Vikki Iverson) and Iverson's husband, who told DeGraff that she would never be supported because she accepted a donation from OFF's Political Action Committee. Iverson's PAC gave Conrad $10,000.00 to help defeat DeGraff.

(Conrad refused to respond to OFF's candidate survey.)

So the House Republican "leader" help finance a candidate who not only supports more gun control but was the only Republican to vote for HB 2002, which the Republican Senators claimed was their main reason for their failed walkout.

There is no way the Democrats could have forged a better deal for themselves than Republican Senate Leader Tim Knopp forged for them. First, get the most conservative Senators to stay out long enough to become subject to the Measure 113 rules denying them a political future and then give away the store. It was brilliant. We hope the Democrats have prepared a proper reward for Knopp.

We have to admit, Tim had us going there for a while. After having proven himself to be a complete sell out in previous sessions, he appeared to have received a spine transplant and led what could have been an amazingly successful strategy to stop the Democrats demented agenda. And we encouraged people to thank him and the Senators who walked away from this sideshow.

Well, as George Bush once said "There's an old saying in Tennessee—I know it's in Texas, probably in Tennessee—that says, fool me once, shame on—shame on you. Fool me—you can't get fooled again."

But it won't matter. Wherever Tim winds up (and he will wind up somewhere) his chances of winning his own district again are pretty slim even in the event he's allowed to run again. So really, why should he care if he shot down so many of his colleagues?

Have no fear however, two of the worst Republican Senators, Anderson and Brock Smith are safe. They dutifully showed up day after day. No doubt they are praying for short memory voters.

Meanwhile over at the House, while some House members stayed off the floor for the final concurrence vote on HB 2005, the criminalization of personally manufactured firearms, enough of them came to provide quorum and guarantee it would pass. And because of some confusion caused by a massive, hours long website crash, even the ones who didn't come to the floor were given excused absences meaning that once again, they risked NOTHING. And of course, we…got nothing.

Now thanks to the almost incomprehensible cowardice of Republican House Members, Oregonians face 5 years in prison for each personally manufactured firearm in their possession. Never mind that courts have already found this kind of law to be unconstitutional, this is Oregon and we will find a way to prosecute you.

Apparently the official position of the Republican House Reps is that this is all no big deal. In fact, not only are they proud of the deal they cut, they want you to be proud of it too. You can hear a half hour of nausea inducing self congratulation in this meeting that the "leadership," and Vikki Iverson's husband, had with Republican precinct committee people. Why was Iverson's husband on the call? Well he's the guy who threatens candidates who accept our support. He's also one of the geniuses behind the "Oregon 13" website where you could buy a tee shirt or coffee mug to celebrate the staggering failure of the Senate walkout. That site was not responding last time we checked it. But some folks did get tee shirts, and a least one of them registered their discontent thusly.

View attachment 1443513

On at least one amusing note, the legislature also passed HB 3443. And this one did make us smile.

The summary of the bill says : "Prohibits landlords from terminating lease or taking other specified actions due to status of tenant as victim of bias crime."

The oh-so-compassionate left demanded this bill to protect people who were victims of "bias crimes."

But our favorite parts are Sections 8 and 16, which allow victims of bias crimes, and oddly, people who man bias crime "hotlines" to become part of Oregon's "Address Confidentiality Program". This program has historically protected people whose lives were in danger due to threats of domestic violence.

Well try as we may, the compassion Nazis just were not interested when we repeatedly pointed out to them that persons in this program are prohibited from purchasing firearms because they have no ID with their actual address on it.

So, yessireee, they can now break a lease but they can't protect themselves. Another deal so brilliant you would think it was dreamed up by Republican leadership. It was no surprise that Senators Anderson, Knopp, and Findley and Weber voted for it.

On the House side it got the nod from (of course) Charlie Conrad, Helfrich, Owens and Greg Smith. James Heib voted yes but attempted to change his vote to "no." The Democrats refused to allow him to change his vote. It would not have changed the outcome. It was just Democrats being the vindictive, petty, jerks they are. (Aided daily by Republican cowards.)

All in all, a long disgraceful display. But if if makes you feel better the budgets now include items to promote legalized sex trafficking and a "state run" bank. The committee studying a "state bank" must include someone experienced in the marijuana business. No, we are not making this up. May it only be as successful as the state's efforts to mail unemployment checks during covid.

We will have more in the coming days, but we want to remind you that the very same Republicans House Reps who allowed HB 2005 to pass have promised to sue to stop it. Let us not let them forget that. Ever. This one is on them, period.

Another proof that this state is a rotting sewer, and the state lawmakers are the rats riding the turds.

PiratePast40 · Jun 29, 2023

80% Arms will no longer ship to Oregon. From their web site:

SHIPPING RESTRICTIONS:
This item is restricted from shipping to California, Connecticut, New Jersey, New York, Washington D.C, Washington, Hawaii, Colorado, City of Philadelphia Pennsylvania, Maryland, Illinois, Oregon, and Rhode Island

The Heretic · Jun 29, 2023

PiratePast40 said:
80% Arms will no longer ship to Oregon. From their web site:

SHIPPING RESTRICTIONS:
This item is restricted from shipping to California, Connecticut, New Jersey, New York, Washington D.C, Washington, Hawaii, Colorado, City of Philadelphia Pennsylvania, Maryland, Illinois, Oregon, and Rhode Island

Theoretic workaround; a person could ship an 80% receiver to another state, finish it there, then import that firearm into Oregon?

PiratePast40 · Jun 29, 2023

The Heretic said:
Theoretic workaround; a person could ship an 80% receiver to another state, finish it there, then import that firearm into Oregon?

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.

The Heretic · Jun 29, 2023

PiratePast40 said:
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.

So have it serialized in another state?

PiratePast40 · Jun 29, 2023

The Heretic said:
So have it serialized in another state?

You can have it serialized here in Oregon. You just cannot possess it without a serial number after 1 September 2024. All firearms produced after October 1968 must have a serial number and be entered into the system.

PiratePast40 · Jun 29, 2023

Previously, you could make a firearm from an 80% lower or frame and keep it for yourself. You just couldn't sell it without it being serialized and effectively registered. With HB2005, you can't possess the 80% without having it registered, much less possess the completed frame or receiver.

I believe there is a case pending in Texas with FPC regarding the change in Federal law.

Saladfarmer · Jun 29, 2023

I believe there is more with this going on, but the implications are the same according to "federal law"
As we know, requiring a serial # is unconstitutional, at least last time I read through the 2nd Amendment it didn't say anything about a serial #.
And the fact that the statistics include serial #'s that are obliterated as Boo Pews, spooky bois, ghost gats and caspers revenge.