Oregon HB2005 definitions

[arakboss]

Because I have nothing better to do... and I'm obsessed about a project that now can really never be.
Are they not required to report witnessing a crime? You walk thru the door with a 80 lower for serialization, they witness a crime (unlawful possession).
Seems pretty clear.

ADR Tactical is still offering serialization service but price has jumped to $70.

 

[JGSFAB]

My understanding is that an FFL's duty to report only pertains to federal laws. They are federally required to follow all state and federal laws, but their duty to report a state level crime is no different than any other citizens. IOW, there is none.

There is no federal prohibition for a person to be in possession of an unserialized frame/receiver.

Being OR business license holders they have a duty to report any/all crimes. It's OR that has the grudge and deep at heart they'd less FFLs.
But then it goes all bi-polar and says it doesn't apply to FFL gunsmiths appling a serial number.

Still no coverage of the trip from A to B.
I get why no business will touch it, it's the fear of Oregon holding you to thee highest standard in the land.


Seems like a great time to seek an 07
Then it's 2 different books, all the FFL work and legal, establishing a mfg facility, etc etc etc... all due to some crap state law.

 

[Yarome]

Being OR business license holders they have a duty to report any/all crimes. It's OR that has the grudge and deep at heart they'd less FFLs.
But then it goes all bi-polar and says it doesn't apply to FFL gunsmiths appling a serial number.

Still no coverage of the trip from A to B.
I get why no business will touch it, it's the fear of Oregon holding you to thee highest standard in the land.


Seems like a great time to seek an 07
Then it's 2 different books, all the FFL work and legal, establishing a mfg facility, etc etc etc... all due to some crap state law.

Actually, OR business license holders have no duty to report any crime outside of their own crimes to the appropriate board within 10 days. IE., arrests, convictions, prohibited or unprofessional conduct, etc etc. Crimes they have committed or been arrested and charged with... not the crimes of others.

In that respect they have no more duty than any other Oregon citizen. None. Although... they may be charged with a crime if they are attempting to conceal or abet a crime, or have received some time of remuneration/bribe for them to turn a blind eye.

 

[PiratePast40]

I'm not so sure that ambiguity was a goal on the lawmakers part. They were just parroting ATF regulations at the time. For the most part, the effect of the laws isn't their main concern. It's more about checking this one off of their list. The ambiguity was an unpredicted bonus for them.

I've had a peek behind the curtain on how these are drafted, and it's not legal scholars putting these together. It's mostly cut and paste from state or federal regs they've been told to copy.

I guess I'm getting to be a bit jaded on my opinions after seeing that many of these people are actually getting paid to put this crap together. Those of us on this side of the aisle, at least on the state level, are using our own time and money to fight this crap while others are getting nice little checks. Even the major 2A groups pay their people to come to Oregon to look for volunteers. Gets a little depressing to hear them complaining about having to work weekends away from home when you realize that all of their expenses are paid, plus they're getting a check.

 

[JGSFAB]

"Federal Firearms Licensees (FFLs) have several reporting obligations, including:

• Firearms violations
  FFLs are not permitted to knowingly transport, ship, or receive firearms with altered serial numbers. "

Oregon HB2005 is a firearm violation and states can/do regulate FFLs inside of their state.
Case: Federal Firearms Licensee (FFL) cannot possess a short-barreled rifle (SBR) in New York State.

Its a case built on a house of cards... still a battle nobody wants to mess with. And that's how they win.
50 shades of Grey Area.

 

[Yarome]

"Federal Firearms Licensees (FFLs) have several reporting obligations, including:

• Firearms violations
  FFLs are not permitted to knowingly transport, ship, or receive firearms with altered serial numbers. "

Oregon HB2005 is a firearm violation and states can/do regulate FFLs inside of their state.
Case: Federal Firearms Licensee (FFL) cannot possess a short-barreled rifle (SBR) in New York State.

Its a case built on a house of cards... still a battle nobody wants to mess with. And that's how they win.
50 shades of Grey Area.

Correct (kind of). and if you read further you'll see that means Federal firearm violations. HB2005 is only a state law with no federal equivalent that they have no duty or obligation to report. Realize the context. That's a fed regulation speaking about fed law to a fed licensee.

If you don't want to comply, don't comply. There's no need to try so hard to make up a reason to justify your choice.

 

[JGSFAB]

With my obligations and such I have to comply 20 something souls depend on me keeping upstanding citizenship standing it hard to rebel much.
Just increasing my knowledge of the situation... Dreaming of a simpler time, like 1 month ago.

 

[Knebel]

Look at it this way. HB2005 is in direct contradiction of Federal law. Therefore the Supremacy Clause kicks in and federal law trumps state law. I guess we will have to wait til this goes to the supreme court.

 

[CamoDeafie]

Look at it this way. HB2005 is in direct contradiction of Federal law. Therefore the Supremacy Clause kicks in and federal law trumps state law. I guess we will have to wait til this goes to the supreme court.

That'd be nice but nope; if it really did for State laws relating to firearms, then the Equal Protection Clause should have nipped all the various "no-reciprocity" laws in certain States and require States to recognize every State's CWP/CHL/Constitutional Carry laws for their residents, exactly the same way every State recognize everyone's DLs as "valid State ID"