Oregon gun control bill passes Senate.

[Ranb]

The Oregon Senate passed SB 941; a bill requiring background checks on most firearm transfers. The governor is expected to sign it.

https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB941/Enrolled

Transfers are facilitated by a licensed gun dealer.

(3)(a) A transferor may transfer a firearm to a transferee only as provided in this section.
Except as provided in paragraph (b) of this subsection, prior to the transfer both the
transferor and the transferee must appear in person before a gun dealer, with the firearm,
and request that the gun dealer perform a criminal background check on the transferee.

This is where it is much different than the piece of crap (I-594) passed by the voters in WA.

SECTION 2. (1) As used in this section:
(a) “Transfer” means the delivery of a firearm from a transferor to a transferee, including,
but not limited to, the sale, gift, loan or lease of the firearm. “Transfer” does not
include the temporary provision of a firearm to a transferee if the transferor has no reason
to believe the transferee is prohibited from possessing a firearm or intends to use the
firearm in the commission of a crime, and the provision occurs:

Bolding mine.
It goes on to exempt use at a shooting range, any use associated with hunting, trapping or target shooting; on a range or not. Also exempt are activities when the owner of the gun is present, sending to a gunsmith or to prevent injury or loss of life. I think this is a decent bkgd check law for the most part.

SB 941 also allows the name of a criminal attempting to obtain a bkgd check (it is illegal to lie on the 4473 form) to be released to law enforcement so they can be detained. The WAGR in WA was cheering the fact that a single person was denied a transfer at a recent WA gun show. No arrest was made of course.

Compared to the new bkgd check law in Washington State, Oregon's SB 941 is far less harsh. In WA shooting a friend's gun in the woods without bkgd checks is illegal as is a private shipping company (like UPS) employee accepting a gun for shipment in accordance with federal law. Both of these examples seem to be universally ignored in the state and I've yet to hear of any arrests. UPS said they would not change the way they do business in WA.

Ranb

 

[Beerina]

Why would it be illegal for a criminal to request a background check?

Get the gun, sure, perhaps.

 

[beren]

Why would it be illegal for a criminal to request a background check?

Get the gun, sure, perhaps.

Who said it was illegal to get a background check?

 

[Ranb]

Why would it be illegal for a criminal to request a background check?

Get the gun, sure, perhaps.

I was not very clear on that I guess. If a person wants to buy a gun from a dealer they have to obtain a bkgd check. First they fill out the form 4473. If they answer no to all of the questions except that they are buying the gun for themselves or are an alien, then they are considered to be law abiding and can buy the gun. The NICS check verifies the buyer's claims. Lying on the 4473 is a crime. I can look up the statute if you like, but I don't have it at my fingertips.

I can't just go to an FFL as ask for a bkgd check. As far as I know an FFL can't access NICS for any other reason than retail sale of a firearm. If a person says on the 4473 that they are not a drug addict or a felon and the NICS check reveals otherwise, they can be prosecuted for their false statement. From what I hear, it is very rare that a person pays the price for lying to an FFL when buying a gun.

Ranb