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Senate Bill 927 Sponsored by COMMITTEE on JUDICIARY

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Senate Bill 927 Sponsored by COMMITTEE on JUDICIARY 73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session Senate Bill 927 Sponsored by COMMITTEE ON JUDICIARY SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor′s brief statement of the essential features of the measure as introduced. Creates crime of unlawful possession of assault weapon. Punishes by maximum imprisonment of 10 years, $250,000 fine, or both. Creates crime of manufacture, importation, sale or transfer of assault weapon. Punishes by maximum imprisonment of 10 years, $250,000 fine, or both. Creates crime of unlawful advertising of sale of assault weapon or large capacity magazine. Punishes by maximum imprisonment of one year, $6,250 fine, or both. Defines “assault weapon” by model, manufacturer and characteristics. Creates crime of unlawful possession of large capacity magazine. Punishes by maximum imprisonment of five years, $125,000 fine, or both. Declares emergency, effective on passage. 1 A BILL FOR AN ACT 2 Relating to firearms; and declaring an emergency. 3 Be It Enacted by the People of the State of Oregon: 4 SECTION 1. As used in sections 1 to 14 of this 2005 Act: 5 (1) “Assault weapon” means a semiautomatic firearm that: 6 (a) Is any of the following rifles: 7 (A) All AK series including, but not limited to, the models identified as follows: 8 (i) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S and 86S. 9 (ii) Norinco 56, 56S, 84S and 86S. 10 (iii) Poly Technologies AKS and AK47. 11 (iv) MAADI AK47 and ARM. 12 (B) UZI and Galil. 13 (C) Beretta AR-70. 14 (D) CETME Sporter. 15 (E) Colt AR-15 series. 16 (F) Daewoo K-1, K-2, Max 1, Max 2, AR 100 and AR 110C. 17 (G) Fabrique Nationale FAL, LAR, FNC, 308 Match and Sporter. 18 (H) MAS 223. 19 (I) HK-91, HK-93, HK-94 and HK-PSG-1. 20 (J) The following MAC types: 21 (i) RPB Industries Incorporated sM10 and sM11. 22 (ii) SWD Incorporated M11. 23 (K) SKS with detachable magazine. 24 (L) SIG AMT, PE-57, SG 550 and SG 551. 25 (M) Springfield Armory BM59 and SAR-48. 26 (N) Sterling MK-6. 27 (O) Steyer AUG. NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 116 SB 927 1 (P) Valmet M62S, M71S and M78S. 2 (Q) Armalite AR-180. 3 (R) Bushmaster Assault Rifle. 4 (S) Calico M-900. 5 (T) J&R ENG M-68. 6 (U) Weaver Arms Nighthawk. 7 (b) Is any of the following pistols: 8 (A) UZI. 9 (B) Encom MP-9 and MP-45. 10 (C) The following MAC types: 11 (i) RPB Industries Incorporated sM10 and sM11. 12 (ii) SWD Incorporated M-11. 13 (iii) Advance Armament Incorporated M-11. 14 (iv) Military Armament Corporation Ingram M-11. 15 (D) Intratec TEC-9. 16 (E) Sites Spectre. 17 (F) Sterling MK-7. 18 (G) Calico M-950. 19 (H) Bushmaster Pistol. 20 (c) Is any of the following shotguns: 21 (A) Franchi SPAS 12 and LAW 12. 22 (B) Striker 12. 23 (C) The Streetsweeper type S/S Incorporated SS/12. 24 (d) Has any of the following characteristics: 25 (A) A centerfire rifle that has the capacity to accept a detachable magazine and any of 26 the following: 27 (i) A pistol grip that protrudes conspicuously beneath the action of the weapon; 28 (ii) A thumbhole stock; 29 (iii) A folding or telescoping stock; 30 (iv) A grenade launcher or flare launcher; 31 (v) A flash suppressor; or 32 (vi) A forward pistol grip. 33 (B) A centerfire rifle that has a fixed magazine with the capacity to accept more than 34 10 rounds of ammunition. 35 (C) A centerfire rifle that has an overall length of less than 30 inches. 36 (D) A pistol that has the capacity to accept a detachable magazine and any of the fol- 37 lowing: 38 (i) A threaded barrel, capable of accepting a flash suppressor, forward handgrip or 39 silencer; 40 (ii) A second handgrip; or 41 (iii) A shroud that is attached to, or partially or completely encircles, the barrel that 42 allows a person to fire the weapon without burning the person′s hand, except a slide that 43 encloses the barrel. 44 (E) A pistol with a fixed magazine that has the capacity to accept more than 10 rounds. 45 (F) A shotgun that has both of the following: [2] SB 927 1 (i) A folding or telescoping stock; and 2 (ii) A pistol grip that protrudes conspicuously beneath the action of the weapon, 3 thumbhole stock or vertical handgrip. 4 (G) A shotgun that has the ability to accept a detachable magazine. 5 (H) Any shotgun with a revolving cylinder. 6 (2) “Gun dealer” has the meaning given that term in ORS 166.412. 7 (3) “Series” means all other models of semiautomatic firearms that are only variations, 8 with minor differences, of the models listed in subsection (1) of this section, regardless of 9 the manufacturer. 10 SECTION 2. (1) A person commits the crime of unlawful possession of an assault weapon 11 if the person knowingly possesses an assault weapon. 12 (2) Unlawful possession of an assault weapon is a Class B felony. 13 (3) It is an affirmative defense to a charge of violating subsection (1) of this section that 14 the person: 15 (a) Has a permit issued under section 5 of this 2005 Act; or 16 (b) Lawfully purchased the assault weapon prior to July 1, 2006, the operative date of this 17 section. 18 (4) A peace officer may not arrest or charge a person for violating subsection (1) of this 19 section if the person has in the person′s immediate possession documentation showing that 20 the person: 21 (a) Has a permit issued under section 5 of this 2005 Act; or 22 (b) Lawfully purchased the assault weapon prior to the operative date of this section. 23 SECTION 3. Any person who manufactures or causes to be manufactured within this 24 state, who imports into this state or who offers, exposes for sale, sells or transfers an as- 25 sault weapon in this state is guilty of a Class B felony. 26 SECTION 4. (1) Sections 2 and 3 of this 2005 Act do not apply to or affect: 27 (a) Sheriffs, constables, marshals, police officers, whether active or honorably retired, 28 parole and probation officers or other duly appointed peace officers while acting within the 29 scope of employment. 30 (b) The Department of State Police. 31 (c) The State Department of Fish and Wildlife. 32 (d) The Department of Justice. 33 (e) The Oregon Youth Authority. 34 (f) Federal law enforcement agencies. 35 (g) Employees of the Department of State Police, the State Department of Fish and 36 Wildlife, the Department of Justice, the Oregon Youth Authority and federal law enforce- 37 ment agencies who are authorized to possess an assault weapon. 38 (h) Active or reserve members of the United States Armed Forces or of the Oregon Na- 39 tional Guard, when on duty. 40 (i) Organizations that are by law authorized to purchase or receive assault weapons from 41 the United States Government or from the State of Oregon. 42 (j) Law enforcement and military agencies of other states who are authorized to possess 43 an assault weapon. 44 (k) Foreign governments or foreign agencies who are authorized to possess an assault 45 weapon by the United States Department of State. [3] SB 927 1 (2) The exceptions listed in subsection (1) of this section constitute affirmative defenses 2 to a charge of violating sections 2 or 3 of this 2005 Act. 3 SECTION 5. (1) The sheriff of a county, upon a person′s application and upon receipt of 4 the fee established under subsection (5) of this section, shall issue to a person a permit to 5 possess an assault weapon if the person lawfully possessed the assault weapon prior to July 6 1, 2006. 7 (2) All applications for permits shall be filed with the sheriff in writing, shall be sworn 8 to and signed by the applicant and shall: 9 (a) State the applicant′s legal name, occupation, current residence address and telephone 10 number, date and place of birth, height, weight and eye color; and 11 (b) Contain a sworn declaration with supporting facts that the applicant purchased the 12 assault weapon prior to July 1, 2006. 13 (3) A permit issued under this section shall set forth the information described in sub- 14 section (2) of this section and shall, in addition, contain a description of the assault weapon, 15 including the serial number or other identifying marks. 16 (4) The sheriff shall supply application forms upon request. 17 (5) The governing body of each county shall establish the fee for a permit issued under 18 this section in an amount estimated to provide for the administration of this section. The fee 19 may not exceed $25. The fee shall be turned over to the treasurer of the county and credited 20 to the general fund of the county. 21 (6) No civil or criminal liability shall attach to the sheriff of a county or the sheriff′s 22 authorized representative engaged in the receipt and review of, or an investigation connected 23 with, any application for, or in the issuance or denial of, a permit under this section as a 24 result of the lawful performance of duties under this section.
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