Oregon Oregon background check law, have there been any charges, cases, convictions? Stings?

[Nick Burkhardt]

There are three cases that I can think of, but of course cannot find on the internet.

1) A Female III% member lent an unloaded pistol to a fellow Male III% at an open carry event at the Capitol and he turned out to be a prohibited possessor.
2) An Oregon Judge lent a rifle to a veteran so he could target shoot. The veteran was a prohibited possessor and liberal judges dogpiled on the conservative judge.
3)Somewhere in the Valley a Dealer illegally transferred a firearm to a fired LEO so he could have some protection.

 

[Koda]

I know the law is the law and none of us really want to break it. But sometimes they're too inclusive while being too vague. Conjecture I've heard is things like the burden is on the seller. Or it's nearly impossible to prove so the law isn't really being enforced. Has anybody seen actual charges brought or a case tried? A sting? A better legal interpretation of who would be charged if a violation occurred?

Scenario one, I receive a firearm from a friend or Co worker to see if I can get it functioning correctly. Things somehow go south, maybe a traffic stop and they see a gun that wasn't legally transferred to me in my car, can I be charged? Can they be charged?

Scenario two, I just don't give a hoot for the law and sell a gun or buy a gun without going through a bcg. Again, it's somehow found out. What if anything is going to happen to the seller? To the buyer?

Im trying to recall two different cases up in Washington that led to convictions, Im sorry I dont have a citation just memory. IIRC one was from a gun show sale and another from a crime scene where a "friend" ratted out the seller, who admitted to it I think.
The legal burden is on the seller not the buyer. Its actually easy to prove as long as its a "post 941" gun, meaning the seller or giver went thru a background check to get it originally. My guess is a lot depends on the scenario... If the gun turns up in a crime you can bet it will be traced back to the last buyer. In your scenarios your coworker could be charged but maybe not or you would be if you didnt give a hoot most certainly it would turn up in a crime scene selling it that way.

 

[Koda]

Probably mostly depends on your online presence and political leaning.

yup, there was a case here in Oregon of a minister who bought up all the raffle tickets in an AR15 raffle just so he could destroy it and show there was "one less gun" on the streets. Since he wasnt a gun guy and wanted to be responsible he gave it to a friend to store in his friends gun safe until he could figure out how to destroy the gun.
he was never charged that I recall.

 

[arakboss]

Page 7 line 14 defines gun show.

We could have a gun show anywhere based on that definition. This would be a great way to save a few bucks.

 

[arakboss]

Form link for private party transfer at gun show.

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.oregon.gov/osp/Docs/Firearms_Transfer_Record_072016.pdf&ved=2ahUKEwigwYSPpYzwAhXFop4KHZf6C_gQFjACegQIDBAC&usg=AOvVaw3PdPhTfG0BT8wCGB07NVNt

 

[TTSX]

Reading the first part of SB941, it sure sounds like if I wanted to transfer a firearm to someone, I'm supposed to be able to just call the state police myself and ask them to check the transferee out. Did I not read far enough? Did this get passed and then written into an ORS that reads different? Anybody ever called and DIY?

Going further down this rabbit hole.

Bryan

I have. Dude I was buying from called OSP on the spot, they took his CC info, gave them mine and was told I'm an ok dude and everything was kosher. Surprised the heck out of me that it could be done

 

[EHJ]

Unless I'm wrong, that would bring Fed charges!

Depends on if the states want to pursue - or if they want to hand off to the Feds.
George passing bogus 20's was a federal offense, too.

 

[Mikej]

Police: 2 Roseburg men purchase gun with counterfeit funds, tried selling gun on Snapchat

Two men were arrested Wednesday in Roseburg after authorities said they purchased a firearm with counterfeit cash and then tried to sell the gun on social media, the Roseburg Police Department reports. 21-year-oldAndrew CaryEasterbrook and 19-year-oldTrevion BlazeKarcher were arrested on first...

katu.com

This just happend in Roseburg, and I don't see anything on illegal transfer of a firearm in a Walmart parking lot.

Where did the two young doods purchase the gun, with counterfeit bills, in the first place?

And this...
"An officer later saw Easterbrook was attempting to sell an AR via Snapchat and, using their investigative profile, inquired to purchase the AR."

Makes me wonder what kind of screen names police officers use on social media?

Typical lousy story writing.

 

[BrentN]

Makes me wonder what kind of screen names police officers use on social media?

Probably first name and last initial. Wait....

 

[Soli]

Form link for private party transfer at gun show.

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.oregon.gov/osp/Docs/Firearms_Transfer_Record_072016.pdf&ved=2ahUKEwigwYSPpYzwAhXFop4KHZf6C_gQFjACegQIDBAC&usg=AOvVaw3PdPhTfG0BT8wCGB07NVNt

Whoa doggie...

Haven't duck ducked anything, just bothering all here. Does this form need to be used at a "gun show", or can it be used for any private party transfer?

Meaning, can one just meet up with someone else, fill out the form and call the number to get a bgc done?

Guessing it doesn't. If so, why does everyone flock to an FFL (with their fee) to do their transfers?

 

[arakboss]

Whoa doggie...

Haven't duck ducked anything, just bothering all here. Does this form need to be used at a "gun show", or can it be used for any private party transfer?

Meaning, can one just meet up with someone else, fill out the form and call the number to get a bgc done?

Guessing it doesn't. If so, why does everyone flock to an FFL (with their fee) to do their transfers?

I am guessing because the buyer usually pays the transfer fee and this gun show form method would be more hassle for the seller.

 

[The Heretic]

If both buyer and seller are not "Prohibited persons" (e.g., convicted felons, etc.), then my impression of Orygun law is that the burden is on the seller, not the buyer, although it might be argued that since it was not a legal sale, the buyer might have to give up the firearm, or at least take it in to an FFL for a legal transfer/BGC.

As for possession, if a person 'A' buys a firearm today from person "B" without a BGC/transfer and the state has a record of that firearm at some point being transferred to person "B" after 8/15/2015, but there is no record of a BGC/transfer to person "A" and for some reason the gov does a "traceback", then person "B" might be investigated and might get into some legal trouble - especially if the cause of the traceback is because person "A" does some serious crime with the firearm.

But I think the only reason the gov would do a traceback on a firearm would be if it was involved in a crime. The gov might check that it wasn't stolen (say during a traffic stop and the firearm was noticed) and probably does during a subsequent sale with BGC/transfer, but they probably are not going to do a traceback or check that Person "A" bought it legally from person "B". After all, at some point Person "A" might have been an in-law of person "B", or a sibling/step-sibling, or uncle/aunt, or one of the other relatives/close family that comes under the exemptions in the law - and the state doesn't really track all those relationships, much less check them during a transfer/BGC process.

Just the same, when I sell, I require the buyer go thru the BGC/transfer process. E.G., my neighbor, who is a good guy and a great neighbor, has expressed interest in one of my Shockwaves (he is moving to Montana and wants it for bear protection while he is fishing). For all the help he has given me over the years I would just give it to him as a gift - but I am going to require a BGC/transfer - at some point in the future who knows where that firearm will wind up - maybe get stolen and then used in a crime - and I would prefer that the traceback shows I transferred it according to the law.

 

[Jabba]

penalties are in the first paragraph.

https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB941/A-Engrossed

no idea if anyones been fined in violation. frankly, what i do with my property is my business. i know shortly after sb941, marion county commissioners issued this resolution:

https://www.oregonfirearms.org/wp-content/uploads/2015/03/Marion-County-Resolution-15R-4.pdf

heres polk county:

https://www.oregonfirearms.org/wp-content/uploads/2015/02/Polk-Res-15-06.pdf

With those statements by the counties, maybe they would be amenable to having their sheriffs selling weapons directly to the public without any 941 nonsense. Or even a friendly city police force. It's one of the exceptions listed:

(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.

 

[v0lcom13sn0w]

With those statements by the counties, maybe they would be amenable to having their sheriffs selling weapons directly to the public without any 941 nonsense. Or even a friendly city police force. It's one of the exceptions listed:

(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.

wouldnt that be somethin? IIRC some LE agencies auction off police trade ins.

 

[Mikej]

wouldnt that be somethin? IIRC some LE agencies auction off police trade ins.

You mean "Used to"? Sheesh, not around here, on the left coast I'd bet. For quite a few years.

 

[SPSharpshooter]

Douglas County

https://www.sanctuaryordinance.com/docs/DouglasSasoText.pdf

 

[WillaminaOR]

You mean "Used to"? Sheesh, not around here, on the left coast I'd bet. For quite a few years.

Yamhill County auctions off property room / evidence guns every couple years. I bought a Blackhawk once. Years keep creeping by so that might have been 6-8 years ago, I forget.

 

[Mikej]

Years keep creeping by so that might have been 6-8 years ago, I forget.

Yeah, don't I/We know that!?

 

[Jonnyuma]

Wouldn't a purchase of anything be unlawful when using fake money? Honestly, I know better than to try to make sense of this story.

At the craphole l used to work at there were signs that said;
NO:
Guns
Knives
Weapons
Illegal Drugs
Allowed on the property.

I was always like, "Doesn't the third thing kinda cover the first two things?" And aren't illegal drugs pretty much a no-go everywhere else, too?"

This is the unthinking heart of the regulatory state.

 

[uberguy]

It seems the answer to the OP's question is very few at all and of those, they were either an after-the-fact matter associated with some other felony or politically motivated prosecutions.

In other words, it's had minimal to no measurable impact on gun crime or violence.