Oregon HB 2005 4-11-2023

[arakboss]

Until they call them SBR's.

That definition does not apply to handguns. The part of a handgun that needs to be serialized is defined as:


"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

 

[Camelfilter]

That definition does not apply to handguns. The part of a handgun that needs to be serialized is defined as:


"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

Err...on striker fired handguns, isn't it the slide which holds many of these?

 

[arakboss]

Err...on striker fired handguns, isn't it the slide which holds many of these?

Yes but is a portion of the trigger considered the primary component that holds the striker back?

 

[jtr]

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

page 2 line 28


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.

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

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, 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

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 ...

Heh, heh. The incompetence of Oregon legislature will end up removing ARs from federal jurisdiction throughout the country. A federal court will have to define what is the receiver and if it doesn't match ATF's definition, good luck getting all ARs upper out there serialized.

 

[TTSX]

Add to cart... Add to cart... Add to cart...

 

[DivCurlGrad72]

Based on my first (layman's) reading of HB 2005 B, I'm not seeing why, for a fully assembled AR (a "firearm") with serialized lower, the upper receiver (not an "unfinished receiver") would need a serial number. Also, a stripped lower with SN should also be Ok. Beyond that, I'm not sure. Is a complete upper Ok? It's not "unfinished", so also Ok?

Apologies to those who hate members that dissect laws which haven't even yet passed.

 

[PiratePast40]

Based on my first (layman's) reading of HB 2005 B, I'm not seeing why, for a fully assembled AR (a "firearm") with serialized lower, the upper receiver (not an "unfinished receiver") would need a serial number. Also, a stripped lower with SN should also be Ok. Beyond that, I'm not sure. Is a complete upper Ok? It's not "unfinished", so also Ok?

Apologies to those who hate members that dissect laws which haven't even yet passed.

I believe that would be the case. However, a stripped upper receiver would be illegal without a serial number. The law is obviously written by idiots.

 

[Member 53328]

Looks like I will be making trips over to Idaho and Arizona on a regular basis.

These politicians can kick rocks.

 

[CamoDeafie]

And how's that working out for us? They'll just unleash another salvo of frivolous bills designed to get us tripped us and attempt to deny us those rights.

They seem to ignore Supreme Court decisions and do whatever they want. At this point, I'd say make allies in your town. Talk with your Sheriff. Rural Oregon is different than the metro. If you live those areas you may consider moving. Oregon may end up in a situation with 2nd amendment sanctuary counties.

Mark Smith from 4 boxes diner seems to think that legally under the Bruen decision; "all gun laws are presumed unconstitutional, unless State/Fed can prove a historical tradition of analogous firearms laws from the Founding era of prior to 1791" but in actual practice? I don't know, because again, the DOJ is tasked with enforcing the SCOTUS and District Court decisions and I haven't seen any willingness from the DOJ on doing that

 

[RVTECH]

I don't know how the PNW became such a hotbed for radical leftists and progressive ideology.

It certainly didn't start out this way but probably the beginning influence was after the infamous 'Summer of love' in the Bay Area of CA in 1969.

After they finally got that whole fiasco stopped Oregon somehow became the next stop for the refugees of that, as well as other 'hippies', anti-establishment types etc. with Ashland area being the original epicenter of counter culture and liberalism.

I remember a HS teacher of mine in So Cal in the mid 70's (fairly young woman, attractive but dressed like Janice Joplin) was leaving the school to move to Ashland, and I had no idea of what the place was or about at the time until later when I moved to Oregon after graduating. She was rumored to be having 'relations' with male students at the time and that may have influenced her move.

Fast forward a few years and Eugene became inundated with the left, mostly due to U of O and well, the rest is history.

 

[jackrv]

Heh, heh. The incompetence of Oregon legislature will end up removing ARs from federal jurisdiction throughout the country. A federal court will have to define what is the receiver and if it doesn't match ATF's definition, good luck getting all ARs upper out there serialized.

I don't believe that it IS incompetence. The a$$holes know what they are doing.

 

[The Heretic]

I don't believe that it IS incompetence. The a$$holes know what they are doing.

I am sure some do, and others don't (or don't care). They are just throwing bubblegum against the wall to see what sticks.

 

[Aero Denezol]

I don't believe that it IS incompetence. The a$$holes know what they are doing.

^^^I have it on good authority from a prominent person in the legal profession that they do know exactly what they are doing.

 

[PiratePast40]

Looks like the third reading and vote are now set for May 2nd. It's at the bottom under "scheduled events". https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/HB2005

 

[Yarome]

Looks like the third reading and vote are now set for May 2nd. It's at the bottom under "scheduled events". https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/HB2005

Yup. Funny though... the R-Reps demanded the full bill be read... which took all of the morning session. What a tactic! Agree not to demand a full reading in exchange for a postponing of the vote?

Sounds like dealings between gradeschoolers, don't it.

 

[DraguNovice]

Salem has contempt for your God-give constitutional rights, then the only recourse is having contempt for the petty tyrants. Your rights are NEVER up for debate. Live free.

 

[Rem700..300]

Here is my Dan Rayfield House President response. At least his staff wrote back.

Hi Craig,



Thank you for reaching out to our office to express your opposition regarding HB 2005A. One of Speaker Rayfield's priorities for the 2023 legislative session is to take action to prevent gun violence and make our communities safer. No parent who sends their child to school should have to worry about their safety and no one should fear for their lives when they walk into a grocery store.



It is important to Speaker Rayfield that the Legislature take action with common-sense solutions that will improve community safety and help law enforcement do their jobs. The policies included in HB 2005A make strides toward this goal while leaving room for the recreational uses of firearms that so many Oregonians enjoy.



Speaker Rayfield will be supportive of HB 2005A when it comes to the House floor, but appreciates you sharing your views with our office and respects the fact that there are some issues we simply do not see eye-to-eye on.



Best,

Jack



Jack Lehman (he/his)

Legislative Aide

House Speaker Dan Rayfield

Phone: 541.609.0036

 

[Mono1]

Here is my Dan Rayfield House President response. At least his staff wrote back.

Hi Craig,



Thank you for reaching out to our office to express your opposition regarding HB 2005A. One of Speaker Rayfield's priorities for the 2023 legislative session is to take action to prevent gun violence and make our communities safer. No parent who sends their child to school should have to worry about their safety and no one should fear for their lives when they walk into a grocery store.



It is important to Speaker Rayfield that the Legislature take action with common-sense solutions that will improve community safety and help law enforcement do their jobs. The policies included in HB 2005A make strides toward this goal while leaving room for the recreational uses of firearms that so many Oregonians enjoy.



Speaker Rayfield will be supportive of HB 2005A when it comes to the House floor, but appreciates you sharing your views with our office and respects the fact that there are some issues we simply do not see eye-to-eye on.



Best,

Jack



Jack Lehman (he/his)

Legislative Aide

House Speaker Dan Rayfield

Phone: 541.609.0036

Well. Isn't that Special.

 

[Char77]

AR15 style handgun uppers may be free of the serialization requirement. The primary energized component holding back the hammer is in the lower

.

The wording about variants could be so AR/AK/etc. pistols fall under the same definition as rifles. May also be worth noting that if they consider bolts as distinct from carriers, the carrier seems more likely to fall under this definition than an upper, and in either case things like the barrel extension in an AR or front trunnion in an AKM would also fall under the definition.

 

[Mark W.]

How does any of this clap trap stop a mentally ill person from walking into a school and killing children? The Nashville person had 14 minutes before shut down. It could have more then easily done the same damage if they had been using a single shot muzzle loading firearm. So how does any of this stupid going on about multiple serial numbers justify the waste of time and energy.
These people are as insane as the ones doing the shooting.