Initiative Petition 60 (2020): Reduction of Gun Violence Act Through Regulation of Semiautomatic Assault Firearms and Large-Capacity Ammunition Magazines

Initiative Petition 60 (2020): Reduction of Gun Violence Act through Regulation of Semiautomatic Assault Firearms and Large-Capacity Ammunition Magazines

Whereas the People of the State of Oregon find that gun violence in Oregon and the United States, resulting in horrific deaths and devastating injuries due to mass shootings and other homicides, is unacceptable at any level, and that the unregulated availability of semiautomatic assault firearms and accompanying large-capacity ammunition magazines used in such mass shootings and other homicides in Oregon, and throughout the United States, pose a grave and immediate risk to the health, safety and well-being of the citizens of this State, and in particular the children of this State, and Whereas Oregon currently has more stringent requirements for obtaining a concealed handgun license than a semiautomatic assault firearm and this measure will implement an enhanced safety training course, add a waiting period and require that the background check be successfully completed before a semiautomatic assault firearm is delivered to the purchaser, so that we ensure these weapons are kept out of dangerous hands; and Whereas studies show that eighteen to twenty-one year olds commit a disproportionate number of firearm homicides in the United States and research indicates that the human brain does not fully mature until a later age, this measure will follow several other states by raising the minimum age to purchase semiautomatic assault firearms to twenty-one; and Whereas restrictions on high-capacity magazines in over ten (10) states have been found to reduce the number of fatalities and injuries in shooting incidents and this measure will enhance the safety of residents, particularly children, of this state by prohibiting the manufacture, sale, or transfer of large-capacity ammunition magazines; now, therefore, Be It Enacted by the People of the State of Oregon SECTION 1. Sections 2 - 8 of this 2020 Act are added to and made a part of ORS 166.210 to 166.490. SECTION 2. The People of the State of Oregon find and declare that regulation of sale, purchase and otherwise transferring of semiautomatic assault firearms and restriction of the manufacture, sale, purchase and otherwise transferring of ammunition magazines to those that hold no more than 10 rounds will promote the public health and safety of the residents of this state and this Act shall be known as the Reduction of Gun Violence Act through Regulation of Semiautomatic Assault Firearms and Large-Capacity Ammunition Magazines. SECTION 3. As used in sections 3 - 6 of this 2020 Act: (1) “Armed Forces of the United States” has the meaning given that term in ORS 348.282. (2) “Criminal background check” or “criminal history record check” have the same meaning given to both terms in ORS 166.432(1)(a) - (e). (3) “Department” means the Department of State Police. (4) “Detachable magazine” means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted into a firearm. (5) “Firearms transaction record” means the firearms transaction record required by 18 U.S. C. 921 to 929. (6) “Firearms transfer record” means the record developed by the Department of State Police as required by ORS 166.441. (7) “Fixed magazine” means an ammunition feeding device contained in or permanently attached to a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. (8) “Gun dealer” means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise. (9) “Semiautomatic assault firearm” means: (a) A selective-fire rifle capable of fully automatic, semiautomatic or burst fire at the option of the user, or any of the following: Algimec Agmi, Armalite AR-180, Avtomat Kalashnikov AK-47 type, Barrett Light-Fifty model 82A1, Beretta AR-70, Bushmaster Auto Rifle, Calico model M-900, Chartered Industries of Singapore SR-88, Colt AR-15 or Sporter, Daewoo K-1, Daewoo K-2, Daewoo Max-1, Daewoo Max-2, Fabrique Nationale FN/FAL, Fabrique Nationale FN/LAR, Fabrique Nationale FN/FNC, FAMAS MAS 223, Feather AT-9or Mini-AT, Federal XC-900 or XC-450, Galil AR or ARM, Heckler & Koch HK-91, Heckler &Koch HK-93, Heckler & Koch HK-94, Ruger Mini-14/5F with folding stock, SIG 57 AMT or 500series, Spectre Auto Carbine, Springfield Armory BM59, Springfield Armory SAR-48,Springfield Armory G-3, Sterling MK-6, Steyr AUG, UZI Carbine or Mini- Carbine or Night hawk;

(b) Any of the following semiautomatic centerfire rifles:K-47, AK-74, AKM, AKS-74U,ARM, MAADI AK47, MAK90, MISR, NHM90, NHM91, Norinco 56, Norinco 56S, Norinco 84S,Norinco 86S, Poly Technologies AKS or AK-47, SA 85, SA 93, VEPR, WASR-10, WUM, Rock River Arms LAR-47, Vector Arms AK-47, AR-10, AR-15, Bushmaster Carbon 15 Rifle, Bushmaster XM15 Rifle, Bushmaster ACR Rifle, Bushmaster MOE Rifle, Colt Match Target Rifle, Armalite M15, Olympic Arms AR-15 Rifle, Olympic Arms A1 Rifle, Olympic Arms CAR Rifle, Olympic Arms PCR Rifle, Olympic Arms K3B Rifle, Olympic Arms K30R Rifle, Olympic Arms K16 Rifle, Olympic Arms K48 Rifle, Olympics Arms K8 Rifle, Olympic Arms K9 Rifle, DPMS Tactical Rifle, Smith and Wesson M&P15 Rifle, Rock River Arms LAR-15, Doublestar AR Rifle, Barrett REC7, Beretta Storm, Calico Liberty 50 or 50 Tactical Rifle, Calico Liberty100 or 100 Tactical Rifle, Calico Liberty I or I Tactical Rifle, Calico Liberty II or II Tactical Rifle, Hi-Point Carbine Rifle, HK-PSG-1, Kel-Tec Sub2000, Kel-Tec SU Rifle, Kel-Tec RFB, Remington Tactical Rifle Model 7615, SAR-8, SAR-4800, SR9, SLG 95, SLR 95 or 96, TNW M230or M2HB, Vector Arms UZI, Galil or Galil Sporter, Daewoo AR 100 or AR 110C, Fabrique Nationale/FN 308 Match or L1A1 Sporter, HK USC, IZHMASH Saiga AK, SIG Sauer 551-A1Rifle, SIG Sauer 556 Rifle, SIG Sauer 516 Rifle, SIG Sauer 716 Rifle, SIG Sauer M400 Rifle, M62S, Valmet M71S, Valmet M78S, Wilkinson Arms Linda Carbine or BarrettM107A1; (c) A copy or duplicate of a firearm described in paragraph (9)(a) or (b) of this sub-section with the same or greater capability as the copied or duplicated firearm regardless of the manufacturer or model name and number; (d) A semiautomatic, centerfire rifle that has an ability to accept a detachable magazine and has at least one of the following: (A) A folding or telescoping stock; (B) Any grip of the rifle, including a pistol grip, a thumbhole stock or any other stock, the use of which would allow an individual to grip the rifle in a manner resulting in any finger on the trigger hand, in addition to the trigger finger, being below any portion of the action of the rifle when firing; (C) A forward pistol grip; (D) A flash suppressor; or (E) A grenade launcher or flare launcher; (e) A semiautomatic, centerfire rifle that has an overall length of less than thirty inches; (f) A part or combination of parts designed or intended to convert a rifle into a semiautomatic assault firearm as described in paragraphs (9)(d) or (e) of this subsection, or that can be assembled into a semiautomatic assault firearm as described in paragraphs (9)(d) or (e) of this subsection. (g) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following: (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip or silencer; (B) A second handgrip; (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel; (D) The capacity to accept a detachable magazine at some location outside of the pistol grip. (h) A semiautomatic shotgun that has both of the following: (A) A folding or telescoping stock; and (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock or vertical handgrip. (i) A semiautomatic shotgun that has the ability to accept a detachable magazine. (j) A shotgun with a revolving cylinder. (k) Includes any type, series or model of a firearm that is a variation, with minor differences, of a firearm model described in paragraphs (9)(a) to (j) of this subsection, regardless of the manufacturer. (l) Does not include the following: (A) An antique firearm as defined in ORS 166.210. (B) Any firearm that has been made permanently inoperable. (10) “Transfer” has the meaning given that term in ORS 166.435(1)(a). (11) “Transferee” means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to receive a firearm from a transferor. (12) “Transferor” means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferor. (13) “Waiting period” means a period of five days, excluding weekends and State-observed holidays, measured from the date the request is made to the state for the criminal background check to purchase a semiautomatic assault firearm. The firearm may not be delivered until this period has ended or the state has issued a unique number approving the sale/transfer, which ever date is later. SECTION 4. The purchase or transfer of a semiautomatic assault firearm as described herein shall be subject to the provisions in this 2020 Act, as follows: (1) The requirements and procedures under ORS 166.412 (Definitions; firearms transaction record; criminal history record check; liability; rules), ORS 166.435 (Firearm transfers by unlicensed persons; requirements, exceptions; penalties), ORS 166.436 (Department of State Police criminal background checks for gun show firearm transfers; liability), and ORS 166.438 (Transfer of firearms at gun shows) and other related statutes, as enacted or subsequently modified, shall continue to apply, except to the extent those provisions are specifically modified by or conflict with this this 2020 Act, in which case this Act is controlling; (2) All sales or transfers of a semiautomatic assault firearm, whether initiated through a gun dealer covered by ORS 166.412, an unlicensed transferor at a gun show covered by ORS 166.436 or 166.438, or an unlicensed transferor making a transfer covered by ORS 166.435, shall be completed through a gun dealer. (3) The gun dealer shall: (a) Verify the purchaser or transferee’s current identification bearing a photograph and the purchaser or transferee’s date of birth and a current address, in compliance with the requirements set forth in ORS 166.412(4); (b) Verify that the applicant is at least 21 years of age at the time of the application; (c) Complete the Firearms Transaction Record pursuant to ORS 166.412(2)(a) – (b) or, in the case of a transfer initiated by an unlicensed transferor at a gun show, the transferor and transferee may complete the Firearms Transfer Record provided under ORS 166.441, except for items 38-40 related to the criminal background check. Thereafter the form shall then be provided to a gun dealer to request the background check and to complete the relevant section (items 38-40); however, said section shall not be completed until the date for transfer of the firearm as determined in subsection (8)(a) of this section. (d) Obtain the thumbprints of the purchaser, pursuant to ORS 166.412(c), or of any other transferee for whom the gun dealer is requesting a criminal background check and attach it to the gun dealer’s records form used for processing the criminal background check request. (e) Verify that the purchaser or transferee has provided a certificate, signed by the purchaser or transferee under penalty of perjury, confirming completion within the last four years of a safety training course which covers each of the requirements for demonstrating competence for issuance of a concealed handgun license, set forth in ORS 166.291(1)(f), and in addition each of the following: (A) Semiautomatic assault firearm safety; (B) Firearms and children, including talking to children about gun safety; (C) Secure gun storage to prevent unauthorized access and use, specifically related to semiautomatic assault firearms; (D) Firearms and suicide prevention; (E) Safe handling of firearms and ammunition, specifically including semiautomatic assault firearms; (F) State and federal firearms laws, including prohibited firearms transfers, specifically those related to semiautomatic assault firearms; and (f) Verify that the training has been sponsored by a federal, state, county, or municipal law enforcement agency, a college or university, a nationally recognized organization that customarily offers firearms training, or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The department may produce and make available a list of organizations or training programs that meet these requirements or offer training that includes the minimum requirements; (g) Attach the certificate to the gun dealer’s copy of the firearms transaction record to be filed with that copy. (4) The department may develop a form for use by purchasers or transferees to certify completion of the training required in subsections (3)(e)(A)-(F), which may also include other information required for the purchase of any semiautomatic assault firearm. (5) Upon completion of the firearms transfer record and each of the other requirements set forth in subpart (3)(a)-(f) of this section, the gun dealer shall request by computer or telephone that the department conduct a criminal background check of the purchaser or transferee. (6) The department shall conduct a background check by reviewing: (a) State and federal data bases, as contemplated under ORS 166.432, including, but not limited to: (A) Oregon computerized criminal history; (B) Oregon mental health data system; (C) Law Enforcement Data System; (D) National Instant Criminal Background Check System; (E) Stolen guns system; and (b) Any other information available that may lead to the conclusion that the purchaser or transferee is otherwise prohibited by state or federal law from possessing a firearm. (7) The department shall immediately, or as soon as possible, following receipt of the request: (a) Determine, from criminal records and other information available to it, whether the purchaser or transferee is disqualified under ORS 166.470 from completing the purchase; and (b) When a purchaser or transferee is disqualified from completing the transfer, notify the gun dealer immediately, or as soon as possible; and (c) The department shall make each of the reports identified in ORS 166.412 (7)(c) – (g)[2018 c 5 §4] within 24 hours of the determination or as otherwise prescribed therein, to ensure that law enforcement, courts or other appropriate entities that have need to know of a denial of a firearm purchase are alerted in a timely manner. (8) If the department, after completion of the criminal records check determines that the purchaser or transferee is not otherwise prohibited from receiving and possessing firearm, the department will provide the gun dealer with a unique approval number, the gun dealer shall: (a) Inform the purchaser or transferee that the department has provided an approval number for the firearm purchase and that the semiautomatic assault firearm may be picked up on one of the following two dates, whichever is later: (A) The date following the end of the waiting period, which begins on the date the background check request is made to the department and runs for five days, excluding weekends and State-observed holidays; or (B) If the waiting period has already ended, the date upon which the background check has been completed and the department has provided the gun dealer a unique approval number qualifying the purchaser or transferee to proceed with the transaction. (b) If the transfer of the semiautomatic assault firearm is by the gun dealer for an unlicensed transferor, the semiautomatic assault firearm shall be entered into the gun dealer’s inventory. (9) The determination of eligibility shall not be made if the department has been unable to reach and receive verification from each of the data bases or if, for any other reason, the purchaser or transferee fails to qualify for approval under the requirements of a full and complete criminal background check as described in subsection (3)(a) of Section (4) of this 2020 Act. (10) If the department fails to provide a unique approval number to a gun dealer from the request by the gun dealer for a criminal background check or if the request has been denied: (a) Neither the gun dealer nor the transferor may deliver the semiautomatic assault firearm to the purchaser or transferee; (b) If no determination has been provided by the department to the gun dealer within 5 days, not including weekends and State-observed holidays, of the initial request for the criminal background check or if the request for approval has been denied, the gun dealer shall: (A) Notify the purchaser or transferee of the right to contact the department to obtain the reason for the decision; and (B) Provide the purchaser or transferee with a copy of the department’s Guide to Appealing an Oregon Firearm Transfer Denial or Delay or with such other information related to a process the department may establish to provide notice and an opportunity to appeal the delay or decision to deny the request for approval of the transaction. (c) If the unlicensed transferor shipped or delivered the semiautomatic assault firearm to the gun dealer pursuant to ORS 166.435(b), the gun dealer shall comply with federal law when returning the firearm to the transferor. (d) If requested by a transferor who is not a gun dealer, the gun dealer who makes the request for a criminal background check on behalf of the transferor may charge a reasonable fee for providing this service pursuant to ORS 166.412(13)(a), as well as a reasonable fee for any additional services provided under this section related to facilitating a gun transfer. (e) A gun dealer that has requested a criminal background check related to the purchase or transfer of a semiautomatic assault firearm, shall attach all documentation, including the certification of training, to the transaction record and retain these records for the full period designated under state or federal law, whichever is longer. (11) The department will retain an electronic record created as a result of the request for a criminal background check that includes, at a minimum, the identifying information of the purchaser or transferee and the identifying information related to any semiautomatic assault firearm including the serial number, make and model, that was the subject of the transfer upon which the request for approval was made. (12) Except as expressly set forth in this 2020 Act: (a) This Act does not apply to transactions between persons licensed as gun dealers under 18 U.S.C. 923. (b) This Act is not intended to preclude purchase or transfer of semiautomatic assault firearms to federal, state or local law enforcement agencies or the Armed Forces of the United States. (c) Nothing in this Act is intended to relieve a gun dealer or any transferor from compliance with Oregon or Federal laws pertaining to sale of firearms; (13)(a) A person commits the crime of improperly transferring a semiautomatic assault firearm if the person is a gun dealer, as defined in ORS 166.412, and sells, leases or otherwise transfers a semiautomatic assault firearm and intentionally violates any provision of Section 4 or 5 of this 2020 Act. (b) Improperly transferring a semiautomatic assault firearm is a Class A misdemeanor. (14)(a) A person commits the crime of improperly transferring a semiautomatic assault firearm if the person, other than a gun dealer as defined in ORS 166.412, knowingly sells, leases or otherwise transfers a semiautomatic assault firearm in violation of any provision of Section 4 or 5 of this 2020 Act; (b) Improperly transferring a semiautomatic assault firearm is a Class A misdemeanor. (15)(a) A person commits the crime of unlawfully purchasing a semiautomatic assault firearm if the person, knowing that the person is prohibited by state law from owning or possessing the semiautomatic assault firearm or having the semiautomatic assault firearm under the person’s custody or control, purchases or attempts to purchase the semiautomatic assault firearm. (b) Unlawfully purchasing a semiautomatic assault firearm is a Class A misdemeanor. SECTION 5. Notwithstanding the provisions under ORS 166.470 (Limitations and conditions for sales of firearms) or ORS 659A.403 (Discrimination in place of public accommodation prohibited), a person shall not: (1) Knowingly sell, deliver or otherwise transfer any semiautomatic assault firearm when the seller or transferor knows or reasonably should know that the recipient is under the age of 21; or (2) Knowingly purchase, or attempt to purchase, or otherwise receive as a transferee a semiautomatic assault firearm if the person is under the age of 21. (3) Subsection (1) does not prohibit a person at least 18 years of age, but less than 21 years of age, possessing a semiautomatic assault firearm, as defined in section 3(9) of this 2020 Act, in the following places or under the following circumstances: (a) In the person’s place of abode; (b) At the person’s fixed place of business; (c) On real property under his or her control; or (d) For the purpose of (i) moving to a new place of abode; (ii) traveling between the person's place of abode and real property under his or her control; or (iii) selling or transferring the firearm in accordance with the requirements of this chapter; provided that in all of these situations the semiautomatic assault firearm is unloaded and either in secure gun storage or secured with a trigger lock or similar device that is designed to prevent the unauthorized use or discharge of the firearm. (e) While the person is acting within the scope of official duties as a member of the Armed Forces of the United States, a law enforcement officer on behalf of a duly authorized federal, state or local law enforcement agency or a private security professional. (4)(a) A person commits the crime of improperly, because of age, transferring a semiautomatic assault firearm if the person sells, leases or otherwise transfers a semiautomatic assault firearm and violates Section 5 of this 2020 Act; (b) Violation of this section is a Class A misdemeanor. (5)(a) Except as provided in ORS 166.435(4), a person commits the crime of improperly, because of age, receiving a semiautomatic assault firearm if the person purchases or otherwise receives a semiautomatic assault firearm and knowingly violates Section 5 of this 2020 Act; (b) Violation of this section is a Class A misdemeanor. SECTION 6. (1) As used in subsections 2 to 4 of this section: (a) “Armed Forces of the United States” has the meaning given that term in ORS 348.282. (b) “Detachable magazine” has the meaning given that term in Section 3 of this 2020Act; (c) “Fixed magazine” has the meaning given that term in Section 3 of this 2020 Act; (d) “Large-capacity magazine” means a fixed or detachable magazine, belt, drum, feed strip, helical feeding device, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition and allows a shooter to keep firing without having to pause to reload, but does not include any of the following: (A) An ammunition feeding device that has been permanently altered so that it is not capable, now or in the future, of accepting more than 10 rounds of ammunition; (B) An attached tubular device designed to accept, and capable of operating only with 0.22 caliber rimfire ammunition; or (C) A tubular ammunition feeding device that is contained in a lever-action firearm. (2) As of the effective date of this Act, manufacturing of large-capacity ammunition magazines in Oregon is prohibited, except under the following circumstances: (a) A firearms manufacturer properly licensed under federal, state and local law is permitted to manufacture large-capacity magazines for exclusive sale to the Armed Forces of the United States or a law enforcement agency solely for authorized use by that entity. (b) Any large-capacity ammunition feeding device manufactured after the effective date of this 2020 Act shall be identified by a stamp indicating the name, city and state of the manufacturer and a stamp reading “RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY”, legibly and conspicuously engraved or cast on the device, or such other identification as the department shall by regulations prescribe to distinguish large-capacity magazines manufactured after the effective date of this 2020 Act. (c) Except as provided in subsection (a) above, a firearms manufacturer properly licensed under federal, state and local law that is a party to a contract, in existence and binding on the effective date of this 2020 Act, with an entity outside of this state for the manufacture and sale of large-capacity magazines is permitted to fulfill the contract provided that: (A) All manufacturing is completed no later than one year after the effective date of this 2020 Act; and (B) The entity outside of Oregon receiving the large-capacity magazines is made aware in writing at the time on or before the delivery of the ammunition device of the restrictions pertaining to large-capacity magazines set forth in this Act. (3) As of the effective date of this 2020 Act, a person may not purchase, import, sell or otherwise transfer or possess a large capacity magazine in Oregon, except under the following circumstances: (a) Large-capacity magazines owned by a person on or before the effective date of this 2020 Act and maintained in the person’s control or possession: (A) May be retained for personal use by the owner; (B) May be sold or transferred to a gun dealer licensed under 18 U.S.C. 923 for removal from the state or other activities by the gun dealer permitted under this statute; (C) During all times of travel under this subsection, a large-capacity ammunition magazine may not be loaded in a firearm and must be otherwise securely stored in a manner designed to prevent the unauthorized use or discharge. (b) A firearms gun dealer licensed under 18 U.S.C. 923 is permitted: (A) To sell large-capacity magazines to the Armed Forces of the United States or a law enforcement agency solely for authorized use by that entity; (B) To purchase or acquire temporary custody of a large-capacity magazine for permanent removal from this state; (c) Except as provided in subsections (b)(A) and (B) herein, large-capacity magazines owned by or in the custody of a firearms gun dealer, licensed under 18 U.S.C. 923 on the effective date of this 2020 Act, shall within 180 days of the effective date of this 2020 Act take one of the following actions with respect to each magazine: (A) Transfer or sell the large-capacity magazines to a gun dealer or non-resident transferee outside this state; (B) Permanently alter each large-capacity magazine so that it is not capable, now or in the future, of accepting more than 10 rounds of ammunition; or (C) Permanently dispose of the large-capacity magazines. (4)(a) A person shall not knowingly manufacture, purchase, sell or otherwise transfer a large-capacity magazine in violation of this section. (b) Failure to comply with the requirements of this section is a Class A misdemeanor. SECTION 7. If any provision of this 2020 Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. The people hereby declare that they would have adopted this Chapter, notwithstanding the unconstitutionality, invalidity and ineffectiveness of any one of its articles, sections, subsections, sentences or clauses. SECTION 8. This 2020 Act may be known and cited as the Reduction of Gun Violence Act through Regulation of Semiautomatic Assault Firearms and Large-Capacity Ammunition Magazines.