Discussion in 'Firearm Legislation & Activism' started by mpperales, May 11, 2015.
I've heard both...anyone offer clarity?
I am not a lawyer nor is this legal advice:
My interpretation is 90 days from signing (5-11-2015)
Mz. Governette has already signed the bill this afternoon. Emergency clause means it is now in effect.
See.....two responses in direct opposition....
Well then, would you please store a few fully automatic BAR's for me?? Other post are saying 90 days. So how about two months?
Could it be that the law is in effect as of today. But not enforced for 90 days?
SECTION 20. Section 2 of this 2015 Act and the amendments to ORS 166.432, 166.433, 166.434, 166.438 and 181.150 by sections 6 to 10 of this 2015 Act become operative 90 days after the effective date of this 2015 Act.
Specifically looking at section 9, with person to person transfers as outlined in section 20 and saying the effective date of that is 90 from signing.
SECTION 9. ORS 166.438 is amended to read: 166.438.
(1) A transferor [other than] who is not a gun dealer may not transfer a firearm at a  SB 941 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 gun show unless the transferor: (a)
(A) Requests a criminal background check under ORS 166.436 prior to completing the transfer;
(B) Receives [notification] a unique approval number from the Department of State Police indicating that the recipient is qualified to complete the transfer; and
(C) Has the recipient complete the form described in ORS 166.441; or
(b) Completes the transfer through a gun dealer.
(2) The transferor shall retain the completed form referred to in subsection (1) of this section for at least five years and shall make the completed form available to law enforcement agencies for the purpose of criminal investigations.
(3) A person who organizes a gun show shall post in a prominent place at the gun show a notice explaining the requirements of subsections (1) and (2) of this section. The person shall provide the form required by subsection (1) of this section to any person transferring a firearm at the gun show.
(4) Subsection (1) of this section does not apply if the transferee is licensed as a dealer under 18 U.S.C. 923.
(a) Failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class C felony if the person has two or more previous convictions under this section.
(6) It is an affirmative defense to a charge of violating subsection (1) or (3) of this section that the person did not know, or reasonably could not know, that more than 25 firearms were at the site and available for transfer.
Unless I'm reading that wrong. I could be.
I really hope it is 90 days, I'd like to buy another 10 lowers or more...
My understanding via a person who I planned on doing a trade with is he heard on the radio NOW. So my plan to trade today had a wrench thrown in it.
If that is wrong then I would be stoked. I thought emergency bill meant as soon as pen hit paper it was law.
Don't quote me, but... section 20 is the ONLY one that has "90 days" after passage. 21, 22, 23 and 24 are all effective immediately.
Well NRA just sent this message to me:
"In unfortunate news for gun owners in Oregon, Governor Kate Brown (D) signed into law Senate Bill 941 today, legislation that expands background checks to private transfers. The background check portion of this bill will go into effect in 90 days."
Who knows who is right. does oregon govt even know?
Damn it is obnoxious. So I google it and cannot find a clear answer. Shouldn't a law abiding citizen be able to quickly and easily find out what is legal and what is not? This is some BS.
Nobody seems to really know for sure. Sad thing is IF it is as of today there could be examples made of confused folks like myself.
All the felons and recidivist scumbags are laughing and carrying on as usual as you try to figure out how to comply with this pig.
I feel for you. I've been pissed since Nov.
That IS confusing. They declared it an emergency, then stated most of it takes effect in 90 days anyway. Seems like the emergency declaration was for no other reason than to eliminate the possibility of a referendum. What an absolute in-your-face show of corruption.
That it is. A frustrating show of what money can buy. Why be a politician when you have to sell your soul to the highest contributor? I know what I would tell a scum bag offering me money for a vote. A simple 2 word response. No it is not "no thanks"....
I rec'd an email from a senator, I think, that stated she was going to sign today at 2:30PM and some other info... Most items were 90 days away. The only NOW thing I can remember was the OSP notifying local's if a felon tries to pass a background check.
I cannot find the email now though...
Absolutely right. Phloyd and his mentally deranged cronies like our new Governor Spike don't seem to understand that most basic fact. But then again, it's not really about criminals is it, it's about reigning in those of us who choose to comply.
Ok, understand we have several police officers buying and selling off this site when it was legal. They know how it all works and can certainly set you up for the sting. The prize will be a $6250 fine and a misdemeanor if what I read was true. The state needs some stings right now to show its a real problem that people buy and sell on the net.
Do as you will but I will follow the laws.
THUMBS DOWN... and have your forefathers rolling and those that fought for your freedom
DO NOT COMPLY
Yeah, Seems not worth it with the confusion and possibility of an example being made of me. I hate to say it but I have to comply. Wife and kids do not need a huge fine when we just bought a house. Crappy thing is I really want that piece. I guess we can trade at a decent price FFL if he wants to.
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