Oregon Meaning of "domestic partner" under ORS 166.435 (SB 941)?

Fifty Kicks · Jul 23, 2017

Does anyone know the meaning of "domestic partner" in ORS 166.435? Does it refer specifically to registered same-sex domestic partnerships? I'm assuming so, but I thought I'd check. I want to give my girlfriend a gun as a gift, so I guess she needs a background check

. After all, it's not like living with her for 3 years is enough to know whether she is fit to own a gun, our legislators know better.

(4) The requirements of subsections (2) and (3) of this section do not apply to:

(a)The transfer of a firearm by or to a law enforcement agency, or by or to a law enforcement officer, private security professional or member of the Armed Forces of the United States, while that person is acting within the scope of official duties.

(b)The transfer of a firearm as part of a firearm turn-in or buyback event, in which a law enforcement agency receives or purchases firearms from members of the public.

(c)The transfer of a firearm to:

(A)A transferor's spouse or domestic partner;

(B)A transferor's parent or stepparent;

(C)A transferor's child or stepchild;

(D)A transferor's sibling;

(E)A transferor's grandparent;

(F)A transferor's grandchild;

(G)A transferor's aunt or uncle;

(H)A transferor's first cousin;

(I)A transferor's niece or nephew; or

(J)The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of this paragraph.

MilitantBEEMER · Jul 24, 2017

Who knows.. I imagine when it comes to this law, domestic partner will have the narrowest of definitions. I would imagine if you could legally meet the definition of common law marriage, you may fall under the DP status?? I am in no way a lawyer nor do I like them so take this all with a grain of salt. Good luck with finding the correct answer.

308 · Jul 24, 2017

Marry her and the issue becomes moot.

wired · Jul 24, 2017

It does need to be a same sex partner.

Oregon State Domestic Partnership

My Google Foo is strong.

Certaindeaf · Jul 24, 2017

wired said:
It does need to be a same sex partner.

Oregon State Domestic Partnership

My Google Foo is strong.

Yeabut what about the new "X" business. No such thing as gender in Oregon these days so

Cosmic Osmo · Jul 24, 2017

Yes, you have to be a legit, legal domestic partner for this to count. I looked into this before I got married when I realized that my fiancee could no longer legally grab a 22 from the safe and go shooting on her own. Also, no common-law marriage in Oregon, so it didn't matter that we had been living together and sharing a gun safe for 3 years.

11Charlie · Jul 24, 2017

Ya!! what you waiting for put a ring on the finger.

Cosmic Osmo · Jul 24, 2017

SKrueger said:
Ya!! what you waiting for put a ring on the finger.

Already taken care of, as of 6 months ago.

jbett98 · Jul 24, 2017

Cosmic Osmo said:
Already taken care of, as of 6 months ago.

Now comes the "Domestication" part of the partnership. Congratulations.

HA556 · Jul 24, 2017

Cosmic Osmo said:
Already taken care of, as of 6 months ago.

I believe he was referring to the OP.

11Charlie · Jul 24, 2017

Cosmic Osmo said:
Already taken care of, as of 6 months ago.

Nice and congratulations but yes I was referring to the OP

CountryGent · Jul 26, 2017

Cosmic Osmo said:
Already taken care of, as of 6 months ago.

Congratz.

U8395279 · Jul 27, 2017

Fifty Kicks said:
Does anyone know the meaning of "domestic partner" in ORS 166.435? Does it refer specifically to registered same-sex domestic partnerships? I'm assuming so, but I thought I'd check. I want to give my girlfriend a gun as a gift, so I guess she needs a background check . After all, it's not like living with her for 3 years is enough to know whether she is fit to own a gun, our legislators know better.

No, Oregon's Domestic Partner law is a special privilege only for same sex couples. It was originally passed because same sex marriage was not allowed in Oregon. The argument was that gay couples deserve the same legal rights as married people, so the law was created.

Of course, since then, marriage has become legal for same sex couples too. So same sex couples in Oregon now have two options: They can either get married, or legally become domestic partners.

It is a strange situation that now exists in our state. For gay couples now have more rights and options than heterosexual couples in Oregon have.

There is simply no way around this, unless you want to consider changing your sexual orientation.

The law does seem patently unconstitutional to me, as it does discriminate against people based on their sexual orientation. I am a bit suprised that since gay marriage is now legal, that no hetrosexual couple has challenged the domestic partner law in court.

wired · Jul 27, 2017

Like everything else the State of Oregon does they probably cannot figure out how to undo the mess they made for themselves and it will take court action to make the Domestic Partnership aw go away..