Oregon HB 2705 Firearm Do Not Sell List

[Nick Burkhardt]

Directs Department of State Police to establish voluntary firearm Do Not Sell List using secure Internet website.

Yeah, because that won't ever get abused

Specifies requirements of website and procedures for adding and removing participants from list. Creates offense of unlawful transfer of a firearm to a Do Not Sell List participant. Punishes by maximum of $1,000 fine. Creates crime of making a false statement in connection with the Do Not Sell List. Punishes by maximum of five years' imprisonment, $125,000 fine, or both. Creates civil cause of action if person inquires about or considers person's status or previous status on Do Not Sell List when determining eligibility for certain purposes. Prohibits court from considering participation on list, or request to be added to or removed from list, in any legal proceedings except in specified circumstances. Provides that it is unlawful employment practice to obtain or use for employment purposes status of employee or applicant as participant or previous participant on Do Not Sell List.

https://olis.leg.state.or.us/liz/2019R1/Downloads/MeasureDocument/HB2705

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[E4mafia]

I still don't see what this is exactly supposed to do? you go to the website and voluntarily mark yourself for NICS as a DO NOT SELL person by providing information???

From the file:

SECTION 3. (1) A person commits the offense of unlawful transfer of a firearm to a Do Not Sell List participant if the person is a transferor and knowingly transfers a firearm to a person whose name is on the Do Not Sell List at the time of the transfer. (2) Unlawful transfer of a firearm to a Do Not Sell List participant is a Class B violation. Ok we we have to do a BGC thru NICS anyways to see if the person able as is required by law.

SECTION 4. (1) A person commits the offense of making a false statement in connection with the Do Not Sell List if the person knowingly makes a false statement concerning the person's identity when requesting to be added to or removed from the Do Not Sell List. (2) Making a false statement in connection with the Do Not Sell List is a Class C felony. Literally what? im not to inquire if its ok to transfer a firearm to you or if you are on the list voluntarily or its a felony? Entrapment much?

SECTION 5. (1) A person may not inquire or consider whether another person is, or has ever been, a participant on the Do Not Sell List for the purposes of determining the other person's eligibility for: (a) Admission to an educational institution as defined in ORS 350.272; (b) Buying, renting or leasing real property; (c) Obtaining medical insurance; (d) Obtaining public assistance as defined in ORS 411.010; or (e) Contracts, including but not limited to public contracts as defined in ORS 279A.010. (2) A person aggrieved by a violation of subsection (1) of this section may file a civil action in circuit court for actual damages subject to, if applicable, the terms and conditions of ORS 30.260 to 30.300. See aforementioned above. Literally why do we have a 4473 then? does that violate this?

SECTION 6. Except when relevant in a proceeding under ORS 659A.885 or section 3, 4, 5 or 8 of this 2019 Act, a court may not consider in any court proceeding the fact that a person has requested to be added to or removed from the Do Not Sell List or the fact that a person is a participant on the list. WUT?

SECTION 7. Section 8 of this 2019 Act is added to and made a part of ORS chapter 659A.

SECTION 8. (1) It is an unlawful employment practice for an employer to obtain or use for employment purposes information regarding whether an applicant for employment or an employee is or was a participant on the Do Not Sell List, or to refuse to hire, discharge, demote, suspend, retaliate or otherwise discriminate against an applicant or an employee with regard to promotion, compensation or the terms, conditions or privileges of employment based on whether the applicant or employee is or was a participant on the Do Not Sell List. (2) As used in this section, "Do Not Sell List" and "participant" have the meanings given those terms in section 1 of this 2019 Act. Are we turning non gun owners into a protected class now in some sort of civil suit?

 

[nammac]

Isn't this already happening when the OSP perform the background check?

Redundant redundancy in their legislation... Pathetic...

 

[E4mafia]

www.takeawaymy2a.com

is what they should have called this. Who is going to willingly place themselves on a DO NOT SELL list? This has to be in conjunction with another bill or whomever wrote really has some screws loose.

This is seriously entrapment.
Definition of ENTRAPMENT
"the action of luring an individual into committing a crime in order to prosecute the person for it"

 

[Nick Burkhardt]

Apparently, if you don't trust yourself with a firearm you can add your own name to the Do Not Sell list.

 

[E4mafia]

Weird but ok?

I mean you could also just not buy a gun period too but self control is impossible these days.

 

[CountryGent]

Redundant redundancy in their legislation... Pathetic...

Indeed. Redundancy, unbelievable waste, and gross incompetence is what government does best!

 

[nammac]

Indeed. Redundancy, unbelievable waste, and gross incompetence is what government does best!

And Oregon legislature overachieve's...

 

[CountryGent]

And Oregon legislature overachieve's...

Goodness knows that is the truth.

 

[v0lcom13sn0w]

i would be embarrassed to be a state police officer under kate brown.

swearing to protect the constitution and then having to enforce this crap and not just this bill but all anti gun bills

 

[thereddog]

Soon they will try to make powertools illegal. My nail gun, and assault skill saw
(has 69 teeth)

we're going to be hard pressed to take the government back from the tyrants with sticks and stones, but it doesn't look like any of them could fight back very well, even if that is all we have.

 

[bgdawgrr]

I don't know why you all don't get it!
I've already added my name to the:
Do Not Call
Do Not Rob
Do Not kill
Do Not Spam
Do Not Issue Traffic Infractions lists.

All voluntary and at least one or two seem to really have a positive impact on my life!

 

[Hayshaker]

i would be embarrassed to be a state police officer under kate brown.

swearing to protect the constitution and then having to enforce this crap and not just this bill but all anti gun bills

I doubt that the OSP would be embarrassed. Look @ what happened down in bend. They are brain washed to enforce Oregon laws whether it's against the 2 nd amendment or not

 

[tiggers97]

I am wondering if this is an attempt to allow people who may need medical treatment/mental health issues to seek help. But leaving them the ability to regain their rights at a later time, without voluntarily (knowingly or not) give up their 2nd amendment rights. Or have the stigma that they needed help once following them around for the rest of their lives.

IF so, and proper safe guards are in place so the government cannot use the list for other things, I am cautiously intrigued.

 

[TheGameMaster]

This sets up a list. It sets up rules for the list. Once passed, they then can ADD or Expand the list. But they need the list first to set a precedent in law. Once they have it established that it works for X, they then can add Y to it. It's a lot more dangerous than it sounds or looks when you look at the long view. And, yeah, you can get yourself sued just by asking if a person is on the list or not before you sell them a gun. So you sell the gun. Now you go to jail because they were on the list. It is supposed to scare gun owners into not selling their guns to one another for fear of going to jail. You can have a CHL, and lets say you had a stroke, and your power of attorney put you on the list. Now you've recovered and forgot all about it. The seller asks you if you have your CHL or not, and you have it. So he knows your good to go with the sale. Until you go to do the background check on the 4473. Then your flagged as being on the do not sell list still. The seller get's popped for selling to an unauthorized person as the store owner has no choice but to call the cops and give them the 4473 data. This one is a sneaking nasty one.

 

[E4mafia]

This sets up a list. It sets up rules for the list. Once passed, they then can ADD or Expand the list. But they need the list first to set a precedent in law. Once they have it established that it works for X, they then can add Y to it. It's a lot more dangerous than it sounds or looks when you look at the long view. And, yeah, you can get yourself sued just by asking if a person is on the list or not before you sell them a gun. So you sell the gun. Now you go to jail because they were on the list. It is supposed to scare gun owners into not selling their guns to one another for fear of going to jail. You can have a CHL, and lets say you had a stroke, and your power of attorney put you on the list. Now you've recovered and forgot all about it. The seller asks you if you have your CHL or not, and you have it. So he knows your good to go with the sale. Until you go to do the background check on the 4473. Then your flagged as being on the do not sell list still. The seller get's popped for selling to an unauthorized person as the store owner has no choice but to call the cops and give them the 4473 data. This one is a sneaking nasty one.

Going with that i'd be worried about STING type operations where someone willingly puts them-self on the DO NOT SELL list then tries to solicit trades and offers on sites like here or else where hoping to lure someone in for the kill. Since you cannot inquire and you cannot possibly know before hand its entrapment and should be marked as such in a court challenge.

 

[cigars]

I'm pretty sure thought that every prior felon crackhead gangbanger will run right out and comply immediately....