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Which are exempt from SB941?

Discussion in 'Legal & Political Archive' started by rick, Aug 9, 2015.

  1. rick

    rick Close to Corvallis, Oregon Bronze Supporter Bronze Supporter

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    Just curious, which of these are exempt from the new backdoor registration and privacy invasion umm background check requirement?

    * Black powder firearms?
    * Antique (pre-1899) firearms?
    * Unfinished receiver blanks (aka "80%" receivers) ?
    * Blank firing guns (starter pistols) ?
    * Flare guns?
    * Air guns?
  2. Hawaiian

    Hawaiian Tigard Oregon Well-Known Member

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    Firearms are defined as a weapon "by whatever name known, which is designed to expel a projectile by the action of powder." So most on your list and some nail guns meet that definition.
  3. Certaindeaf

    Certaindeaf SE Portland Well-Known Member

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    Well that does it. I'm going to Walmart right now to see if they still have flare guns on the wall next to the flashlights. BRB
  4. rick

    rick Close to Corvallis, Oregon Bronze Supporter Bronze Supporter

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    For some time in Oregon, black power and antique firearms have been exempt from most firearm laws. I'm not sure if SB941 has any effect on that or not. Pasted below is the wording from ORS prior to SB941. Can anyone make sense of how or if SB941 changes this?


    § 166.412¹

    (1) As used in this section:

    (a) Antique firearm has the meaning given that term in 18 U.S.C. 921;

    18 USC 921 excerpt:

    (16) The term “antique firearm” means—
    (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
    (B) any replica of any firearm described in subparagraph (A) if such replica—
    (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
    (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
    (C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.


    § 166.460¹
    Antique firearms excepted

    (1) ORS 166.250 (Unlawful possession of firearms), 166.260 (Persons not affected by ORS 166.250), 166.291 (Issuance of concealed handgun license) to 166.295 (Renewal of license), 166.410 (Manufacture, importation or sale of firearms), 166.412 (Definitions), 166.425 (Unlawfully purchasing a firearm), 166.434 (Application of ORS 166.412 to all firearm transfers by gun dealers), 166.438 (Transfer of firearms at gun shows) and 166.450 (Obliteration or change of identification number on firearms) do not apply to antique firearms.