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 ; 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 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) 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.

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1 (P) Valmet M62S, M71S and M78S. 2 (Q) Armalite AR-180. 3 (R) Bushmaster . 4 (S) Calico M-900. 5 (T) J&R ENG M-68. 6 (U) Weaver Arms Nighthawk. 7 (b) Is any of the following : 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 . 20 (c) Is any of the following : 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 that has both of the following:

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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.

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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. 25 SECTION 6. Notwithstanding section 2 of this 2005 Act, a person who lawfully possesses 26 an assault weapon may lend the assault weapon to another person if the person to whom the 27 assault weapon is lent: 28 (1) Is not prohibited from possessing a firearm under ORS 166.250 (1)(c) or 166.270; 29 (2) Remains in the presence of the lawful possessor of the assault weapon; 30 (3) Possesses the assault weapon only: 31 (a) On the premises of a public or private shooting range, shooting gallery or other area 32 designed and built for the purpose of target shooting; or 33 (b) At an exhibition, display, or educational project that is about firearms and that is 34 sponsored by, conducted under the auspices of or approved by a law enforcement agency or 35 a nationally or state recognized entity that fosters proficiency in or promotes education 36 about firearms; and 37 (4) Returns the assault weapon to the lawful possessor before leaving the premises de- 38 scribed in subsection (3) of this section. 39 SECTION 7. Notwithstanding sections 2 and 3 of this 2005 Act, a person who is not a 40 resident of this state may possess and import an assault weapon into this state if: 41 (1) The person is attending or going directly to or coming directly from an organized 42 competitive match or league competition that involves the use of an assault weapon; 43 (2) The competition or match is conducted on the premises of a target range of a public 44 or private club or organization that is organized for the purpose of practice shooting at 45 targets;

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1 (3) The match or competition is sponsored by, conducted under the auspices of or ap- 2 proved by a law enforcement agency or a nationally or state recognized entity that fosters 3 proficiency in, or promotes education about, firearms; and 4 (4) The person is not prohibited from possessing a firearm under ORS 166.250 (1)(c) or 5 166.270. 6 SECTION 8. (1) Section 2 of this 2005 Act does not apply to a person who possesses a 7 pistol that: 8 (a) Is designed expressly for use in Olympic target shooting events; and 9 (b) Is sanctioned by the International Olympic Committee or by USA Shooting, the na- 10 tional governing body for international shooting competition in the United States. 11 (2) The Department of State Police shall identify and maintain a list of the pistols de- 12 scribed in subsection (1) of this section that would otherwise be defined as assault weapons 13 under section 1 of this 2005 Act. 14 (3) The department shall make the list available to the public at no charge. 15 SECTION 9. (1) Notwithstanding sections 2 and 3 of this 2005 Act, a gun dealer who 16 lawfully possesses an assault weapon may transport the assault weapon to another gun 17 dealer or out of the state, display it at a gun show or sell it to a person who is a nonresident 18 of this state. 19 (2) A gun dealer may take possession of an assault weapon from a person who lawfully 20 possesses the assault weapon or a person who moves into this state and obtains a permit as 21 provided in section 11 of this 2005 Act. 22 (3) A gun dealer may transfer possession of an assault weapon received under subsection 23 (2) of this section to: 24 (a) A person who is a nonresident of this state, for the purposes of sale. 25 (b) A gunsmith for service or repair of the assault weapon, provided that: 26 (A) The gunsmith is in the gun dealer′s employ; or 27 (B) The gunsmith is under contract with the gun dealer for gunsmithing services. 28 (4) A gunsmith described in subsection (3) of this section must be licensed as required 29 under federal law. 30 SECTION 10. (1) Except as provided in subsection (2) of this section, a person who law- 31 fully possesses an assault weapon may not sell or transfer the assault weapon. 32 (2) A person described in subsection (1) of this section may: 33 (a) Sell the assault weapon to a gun dealer; 34 (b) Transfer the assault weapon to a gun dealer for service or repair; or 35 (c) Relinquish the assault weapon to a police department or a county sheriff′s office. 36 (3) As used in this section, “transfer” includes transfer by testate or intestate suc- 37 cession. 38 SECTION 11. A person moving into this state who lawfully possesses an assault weapon 39 shall, within 90 days of becoming domiciled in Oregon: 40 (1) Obtain a permit for the assault weapon as provided in section 5 of this 2005 Act; 41 (2) Deliver the assault weapon to a gun dealer, who shall sell the weapon as provided in 42 section 9 of this 2005 Act; or 43 (3) Relinquish the weapon to a police department or a county sheriff′s office. 44 SECTION 12. (1) The Department of State Police shall maintain a that it 45 determines are assault weapons because a firearm is:

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1 (a) Another model by the same manufacturer or a copy by another manufacturer of an 2 assault weapon that is identical to an assault weapon listed in section 1 of this 2005 Act ex- 3 cept for slight modifications or enhancements; 4 (b) Redesigned, renamed or renumbered from an assault weapon identified in section 1 5 of this 2005 Act; or 6 (c) Manufactured or sold by another company under a licensing agreement to manufac- 7 ture or sell an assault weapon identified in section 1 of this 2005 Act. 8 (2) The department shall report biennially to the Legislative Assembly in the manner 9 provided in ORS 192.245. The report shall contain a copy of the list maintained by the de- 10 partment under subsection (1) of this section. 11 SECTION 13. A person who lawfully possesses an assault weapon may possess the assault 12 weapon only: 13 (1) At the person′s residence, place of business or other property owned by the person 14 or on property owned by another with the owner′s written permission; 15 (2) On the premises of a public or private shooting range, shooting gallery or other area 16 designed and built for the purpose of target shooting; 17 (3) At an exhibition educational display that is about firearms and that is sponsored by, 18 conducted under the auspices of or approved by a law enforcement agency or a nationally 19 or state recognized entity that fosters proficiency in or promotes education about firearms; 20 (4) While on publicly owned land if possession and use of an assault weapon is specifically 21 permitted by the agency managing the land; or 22 (5) While transporting the assault weapon between any of the places described in sub- 23 sections (1) to (4) of this section or to a gun dealer for service, repair or sale as provided in 24 section 11 of this 2005 Act. 25 SECTION 14. (1) A person commits the crime of unlawful advertising of the sale of an 26 assault weapon or a large capacity magazine defined in section 15 of this 2005 Act if the 27 person advertises the sale of an assault weapon or a large capacity magazine: 28 (a) In any newspaper, magazine, circular, form letter or open publication that is pub- 29 lished, distributed or circulated in this state; 30 (b) On any billboard, card, label or other advertising medium, or by means of any other 31 advertising device; or 32 (c) On television or radio. 33 (2) Unlawful advertising of the sale of an assault weapon or a large capacity magazine is 34 a Class A misdemeanor. 35 (3) As used in this section, “large capacity magazine” has the meaning given that term 36 in section 15 of this 2005 Act. 37 SECTION 15. (1) A person commits the crime of unlawful possession of a large capacity 38 magazine if the person knowingly possesses or has in the person′s possession a large capacity 39 magazine. 40 (2) Unlawful possession of a large capacity magazine is a Class C felony. 41 (3) This section does not apply to: 42 (a) A police officer as defined in ORS 181.610. 43 (b) An active or reserve member of the military forces of this state or of the United 44 States when engaged in the performance of duty. 45 (4) As used in this section, “large capacity magazine” means any ammunition feeding

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1 device with the capacity to accept more than 10 rounds of ammunition, but does not include: 2 (a) A feeding device that has been permanently altered so that it cannot accommodate 3 more than 10 rounds of ammunition. 4 (b) A tubular magazine that is contained in a lever action firearm. 5 (c) A 0.22 caliber tube ammunition feeding device. 6 SECTION 16. Sections 1 and 5 of this 2005 Act become operative on January 1, 2006. 7 SECTION 17. Sections 2, 3, 4 and 6 to 15 of this 2005 Act become operative on July 1, 2006. 8 SECTION 18. This 2005 Act being necessary for the immediate preservation of the public 9 peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect 10 on its passage. 11

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