SB 941 Background Check Update

Oregon State Legislature sent this bulletin at 05/09/2015 06:32 PM PDT

Folks:

You contacted our Senate office on SB 941, therefore, here is the update.  Friday, Governor Kate Brown met with President Obama at Nike in Beaverton while the Pres’ was in Portlandia touting job exports.  Kate told Barrack she planned to sign SB 941 into law on Monday.  The march by the federalists to bury the U.S. Constitution continues unabated across the nation.

 

Several folks in my office put together an update on the impact of SB 941 that follows.  You will note all transfers of firearms after 90 days, approximately August 11th, will require a background check in Oregon performed by the Oregon State Police via a Federal Firearms Licensed dealer.

 

You should know that not a single Oregon Republican joined the federalist movement, and four rural Democrats voted against SB 941; Senator Betsy Johnson, Representative Jeff Barker, Representative Brad Witt, and Representative Caddy McKeon.  You should note the reality is the legislature is divided by rural legislators against the urban metro legislators who all happened to be Democrats.

 

It was unfortunate rich out of state donors like Bloomberg and Steyer bought the elections that led to this defeat.  Keep in mind, under Oregon law, vote buying with campaign donations is legal.  I introduced a bill to ban this practice but it was never given a hearing by the Democrats.

 

Again, below is a summary for your reference of the background check battle that was lost.

 

Sincerely,

 

Brian J. Boquist

State Senator

 

 

SB 941 Background Checks for transfer of guns between individuals

 

SB 941 was passed by the House of Representatives and is before the Governor for signature.

  • The bill requires private person to complete transfer of firearm by appearing with transferee before gun dealer to request criminal background check or shipping or delivering firearm to gun dealer in certain circumstances.  
  • Requires private person to complete transfer of firearm by appearing with transferee before gun dealer to request criminal background check or shipping or delivering firearm to gun dealer in certain circumstances.
  • Specifies exceptions for family members, law enforcement, inherited firearms and certain temporary transfers.
  • Punishes violation by maximum of one year's imprisonment, $6,250 fine, or both, or maximum of 10 years' imprisonment, $250,000 fine, or both, for second or subsequent offense.
  • Authorizes Department of State Police to notify local appropriate law enforcement agency when, during criminal background check performed prior to transfer of firearm, department determines that recipient is prohibited from possessing firearm.
  • Authorizes court to prohibit person ordered to participate in assisted outpatient treatment from purchasing or possessing firearm during period of treatment if certain criteria are met.

Effective dates of key sections to the bill:

 

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. 

 

              This section defines the transfers that are now required to have a background check.

 

SECTION 21. The Department of State Police may take any action before the operative

date specified in section 20 of this 2015 Act that is necessary for the department to implement

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.

 

This section allows state police to take administrative actions necessary to prepare for the new back ground checks.  This also applies to the state police notification of local law enforcement Section (3) (4) (c) under certain circumstances.

 

SECTION 22. The amendments to ORS 166.250, 166.291, 166.460, 166.470, 181.740 and 426.133

by sections 11 to 19 of this 2015 Act apply to orders for assisted outpatient treatment entered

on or after the effective date of this 2015 Act.

 

This section applies to certain individuals under outpatient treatment and takes effect immediately.

 

SECTION 23. This 2015 Act being necessary for the immediate preservation of the public

peace, health and safety, an emergency is declared to exist, and this 2015 Act takes effect

on its passage. 

 

               Total bill is effective upon signature except as noted above.

 

See online at:

 

https://olis.leg.state.or.us/liz/2015R1/Measures/Overview/SB941