SB941: Legal behavior becomes felonious on August 9th, 2015

[CHLChris]

According to Jeff Rhoades, counsel for the Oregon State Senate Judiciary Committee, the 90 days of state police ramp-up ends on August 9th, 2015. After that date, meeting a fellow law-abiding citizen of the once-great state of Oregon in a parking lot to transfer a gun with cash and a look at a drivers license will now be a felony. What used to be one of the most American things a free citizen could engage in will become illegal.

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[deadeye]

Misdemeanor first time, felony second time. Correct me if I am wrong.

 

[CHLChris]

There was a time I was meeting someone once a month or more to exercise my freedoms. At that same rate, a person who wished to ignore the new infringement (oops, I mean law) would be a felon by September.

 

[edison bulb]

I am really excited to see how Bloomberg's law is really going to influence the gang members in Portland/Gresham! My guess is there won't be any gang violence come August 9th! All the gang members will be lining up to background check their gang banger buddies! Thanks for making the world so much safer, Bloomberg! Thank you Kate Brown! Oregon can rest peacefully now in your diligent watch to keep our streets safe and clean! God bless!

 

[Nick Burkhardt]

I thought it was July 9th?

 

[bnsaibum]

Don't forget that due to SB 315 you can now be arrested for following this law and having an OSP approved background check should the transferee then commit a crime with the transferred firearm.

 

[308]

Will not comply.

 

[Stomper]

Don't forget that due to SB 315 you can now be arrested for following this law and having an OSP approved background check should the transferee then commit a crime with the transferred firearm.

Not quite how it's written from what I understand.... If you temporarily loan it to someone under the few provisions of SB941 allows and they commit a crime with it, you can be had for it.


The whole thing stinks on ice!

 

[bnsaibum]

(5)(a) A transferor temporarily transferring a firearm without consideration for a period
of no more than seven calendar days to a transferee who is personally known to the transferor may request a criminal background check under ORS 166.436 instead of completing the transfer through a gun dealer as described in subsections (2) and (3) of this section.
(b) A transferor who requests a criminal background check under paragraph (a) of this subsection instead of completing the transfer through a gun dealer:
(A) Shall have the transferee complete the form described in ORS 166.441, shall retain the completed form and shall make the completed form available to law enforcement agencies for the purpose of a criminal investigation.
(B) May not transfer the firearm to the transferee unless the transferor receives a unique approval number from the Department of State Police indicating that the transferee is qualified to complete the transfer.
(C) Commits a Class A misdemeanor if the transferred firearm, as a result of the temporarytransfer:
(i) Is used in the commission of a crime; or
(ii) Is possessed by a person prohibited from possessing a firearm under state or federal law.

To me it seems to read that you are only immune if you have the approved background check done through a dealer.

https://olis.leg.state.or.us/liz/2015R1/Measures/Overview/SB315

 

[Stomper]

Don't forget that due to SB 315 you can now be arrested for following this law and having an OSP approved background check should the transferee then commit a crime with the transferred firearm.

To me it seems to read that you are only immune if you have the approved background check done through a dealer.

https://olis.leg.state.or.us/liz/2015R1/Measures/Overview/SB315

Hmmmm.... doesn't "legalese" suck?!

 

[bnsaibum]

Hmmmm.... doesn't "legalese" suck?!

Indeed. Considering that under SB 315 one can now, once again, legally use the OSP background check without a dealer for certain transfers. So with an OSP approved background check NOT using a dealer one can, indeed, be arrested. As I said.

 

[Stomper]

Hear ya!

 

[bnsaibum]

They whole thing stinks on ice!

You're being quite generous. I would have begun with 'foetid stench of progressive competence'.

 

[CHLChris]

Will not comply.

I noticed you didn't start that sentence with, "I". So you must just mean it as a lack of support for the law, not an admission of guilt.

 

[Leif Runenritzer]

Why is it August 9th? I remember it being announced here that—as of the passing of SB941—any transfer without a dealer would be illegal.

 

[B5Ben]

The transfer portion of SB941 goes into effect 90 days after signed into law. It was signed in early May by defacto Gov. Brown

 

[B5Ben]

Misdemeanor first time, felony second time. Correct me if I am wrong.

Yes misdemeanor first time offense but loss of firearms rights for 5 years.

 

[Member 5605]

In the places that support it....


Wonder how that will work. I know for one Linn County doesn't support so does that mean if somebody were to not comply they would do the transaction in rural Linn Co/Lane Co/Yamhill Co etc to be by default immune from local cities reach in prosecution from this?

 

[slimmer13]

I

In the places that support it....


Wonder how that will work. I know for one Linn County doesn't support so does that mean if somebody were to not comply they would do the transaction in rural Linn Co/Lane Co/Yamhill Co etc to be by default immune from local cities reach in prosecution from this?

I would assume that it would be similar to WA and the state police would be the main agency in charge of enforcement, but here we are 8 months after 594 went into effect and zero prosecutions.

 

[v0lcom13sn0w]

Misdemeanor first time, felony second time. Correct me if I am wrong.

just dont get caught. "well this bill of sale says august 8th 2015. guess were legit then."