PREAMBLE

Whereas the People of the State of Oregon find that gun violence in Oregon and the , resulting in horrific deaths and devastating injuries due to mass shootings and other homicides, is unacceptable at any level; and Whereas the referred to as “semiautomatic assault firearms” are designed with features to allow rapid spray firing or the quick and efficient killing of humans, and the unregulated availability of semiautomatic assault firearms used in such mass shootings and other homicides in Oregon, and throughout the United States, poses a grave and immediate risk to the health, safety and well-being of the citizens of this State, and in particular our children; and Whereas firearms have evolved from muskets to semiautomatic assault firearms, including , and pistols with enhanced features and with the ability to kill so many in such an increasingly short period of time, unleashing death and unspeakable pain in places that should be safe: our homes, schools, places of worship, shopping malls, communities; and Whereas a failure to resolve long unrest and inequitable treatment of individuals based on race, gender, religion and other distinguishing characteristics and failure to develop legislative tools to remove the ability of those with criminal intent or predisposition to commit violence from acquiring such instruments of carnage and never-ending sadness; It is therefore morally incumbent upon the citizens of Oregon to take immediate , which we do by this initiative, to reduce the availability of these assault firearms, and thus reduce their ability to cause death and loss in places that should remain safe; Now, therefore,

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON:

SECTION 1. Sections 2 to 5 of this 2022 Act are added to and made a part of ORS 166.250 to 166.470.

SECTION 2. The people of the State of Oregon find and declare that a reduction in the availability of semiautomatic assault firearms will promote the public health and safety of all residents of this state and this Act shall be known as the Reduction of Harm from Weapons Act.

DEFINITIONS

SECTION 3. As used in sections 3 to 6 of this 2022 Act: (1) “Armed Forces of the United States” has the meaning given that term in ORS 348.282. (2) “Criminal background check” has the same meaning given to that term in ORS 166.432(1)(a) to (e). (3) “Department” means the Department of State Police. (4) “Detachable ” means an ammunition feeding device that can be loaded or unloaded while detached from a and readily inserted into a firearm. (5) “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. (6) “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. (7) “Person” means any natural person, corporation, partnership, firm or association. (8) “Semiautomatic assault firearm” means: (a) A selective-fire 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 , SIG 57 AMT or 500series, Spectre Auto , Springfield Armory BM59, Springfield Armory SAR-48,Springfield Armory G-3, Sterling MK-6, 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, , WASR-10, WUM, Rock River Arms LAR-47, Vector Arms AK-47, AR-10, AR-15, Bushmaster Rifle, Bushmaster

Page 1 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, BarrettM107A1 or FGC-9; (c) All of the rifles listed in paragraphs (a) or (b) of this subsection, copies, duplicates, variants, or altered facsimiles with the same or greater capability of any such 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 , 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 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 ; or (E) A 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 (a) to (e) of this subsection, or that can be assembled into a semiautomatic assault firearm as described in paragraphs (a) to (e) of this subsection. (g) A semiautomatic pistol that has a fixed magazine that is capable of holding more than 10 rounds or 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 ; (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; or (E) A stabilizing brace or any similar component. (h) A semiautomatic 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 a fixed magazine that is capable of holding more than 10 rounds or a semiautomatic shotgun that has: (A) The ability to accept a detachable magazine; or (B) A revolving cylinder. (j) Includes any type, series or model of a firearm that is a variation, with minor differences, of a firearm model described in paragraphs (a) to (i) of this subsection, regardless of the manufacturer. (k) Any semiautomatic assault firearm that: (A) Is not as detectable as 3.7 ounces of 17-4 PH of stainless steel, or as the security exemplar defined in 18 USC 922(p), by a walk-through metal detector or magnetometer after all parts other than major components have been removed; or (B) That includes a major component that, if the firearm were subjected to inspection by the types of X-ray machines or detection devices commonly used at airports for security screening, would not generate an image that accurately depicts the shape of the component. (l) A semiautomatic assault firearm does not include the following: (A) An antique firearm as defined in ORS 166.210. (B) Any firearm that has been made permanently inoperable. (9) “Transfer” has the meaning given that term in ORS 166.435(1)(a).

Page 2 PROHIBITIONS/EXCEPTIONS

SECTION 4. (1) Notwithstanding ORS 166.250 to 166.470, and except as expressly provided in subsections (2) to (4) of this section, a person commits the crime of unlawful manufacture, importation, possession, use, purchase, sale or transfer of a semiautomatic assault firearm if the person manufactures, imports, possesses, uses, purchases, sells or otherwise transfers any semiautomatic assault firearm on or after of the effective date of this 2022 Act. (2) Subsection (1) of the section does not apply during the first 180 days following the effective date of this 2022 Act, with respect to: (a) A licensed gun dealer that within 180 days of the effective date of this 2022 Act: (A) Transfers or sells the semiautomatic assault firearms in the gun dealer’s inventory to a non-resident gun dealer or other transferee outside of this state; (B) Purchases or acquires temporary custody of any semiautomatic assault firearm from an owner for permanent removal from this state within the 180 days of the effective date of this 2022 Act; (C) Permanently disposes of any semiautomatic assault firearm in the gun dealer’s custody or inventory. (b) 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 2022 Act, with an entity outside of this state, for the manufacture and sale of semiautomatic assault firearms, provided that: (A) All manufacturing is completed no later than 180 days after the effective date of this 2022 Act; and (B) The entity outside of Oregon receiving the semiautomatic assault firearm order is made aware in writing on or before the delivery of the firearms of the restrictions pertaining to semiautomatic assault firearms in this state as set forth in this 2022 Act. (3) Subsection (1) of the section does not apply at any time to: (a) Any government officer, agent or employee, member of the Armed Forces of the United States or peace officer, as that term is defined in ORS 133.005, provided that person is authorized to acquire, possess or use a semiautomatic assault firearm and the acquisition, possession or use is directly related to activities within the scope of that person’s official duties; (b) The manufacture or sale of a semiautomatic assault firearm in this state by a firearms manufacturer for the purpose of sale to any branch of the Armed Forces of the United States or to a law enforcement agency for use by that agency or its employees for carrying out the duties of such entities, provided the manufacturer is properly licensed as required under federal, state and local laws; or (c) The sale or transfer of a semiautomatic assault firearm by a gun dealer in this state licensed under 18 U.S.C. 923 to any branch of the Armed Forces of the United States or to a law enforcement agency for use by that agency or its employees solely for law enforcement purposes. (4) It shall be an affirmative defense, as provided in ORS 161.055, to unlawful possession, transfer or use of a semiautomatic assault firearm, if the semiautomatic assault firearm was owned by a person before the effective date of this 2022 Act or if the semiautomatic assault firearm was acquired by inheritance, bequest or succession, or by virtue of the person’s role as executor or other legal representative of an estate or trust, and if, within 180 days of the effective date of this 2022 Act or within 180 days after acquiring possession, whichever is later, the owner: (a) Permanently surrenders the semiautomatic assault firearm to a law enforcement agency for destruction; (b) Permanently transfers or sells the semiautomatic assault firearm either in this state to a gun dealer who is licensed under 18 U.S.C. 923 or to an out of state purchaser by going through a licensed gun dealer; or (c) Renders the semiautomatic assault firearm permanently inoperable; or (d) If not prohibited from owning a firearm under ORS 166.250, elects to retain the semiautomatic assault firearm upon complying with registration requirements and with the other restrictions pertaining to maintaining the semiautomatic assault firearm under Section 5 of this 2022 Act. (5)(a) Unlawful manufacture, importation, possession, use, purchase, sale or otherwise transferring of a semiautomatic assault firearm is a class A misdemeanor. (b) Unlawful manufacture, importation, possession, purchase, sale or otherwise transferring of a semiautomatic assault firearm is a class C felony if the person has been convicted of one or more of those offenses, or been found to be in the jurisdiction of the juvenile court for an act that if committed by an adult would have been unlawful manufacture, importation, possession, use, purchase, sale or otherwise transferring of a semiautomatic assault firearm, within the five years prior to the date of the current offense.

Page 3 PROHBITED FIREARMS OWNED ON EFFECTIVE DATE OF THE ACT

SECTION 5. A person owning a semiautomatic assault firearm on the effective date of this 2022 Act or a person, who has received ownership or possession by inheritance, bequest or succession or by virtue of the person's role as executor or other legal representative of an estate or trust, and seeking to establish an affirmative defense to the crime of unlawful possession, use or transfer established under section 4 of this 2022 Act, shall: (1) Complete and submit a registration form to register each semiautomatic assault firearm within 180 days of the effective date of this 2022 Act or within 180 days of acquiring ownership or possession, whichever occurs later, as follows: (a) The form, prepared by the department, shall include the owner’s current name, residential address and the make, model and serial number of each semiautomatic assault firearm being registered by the owner; and (b) Submission of the form by mail must be postmarked, or if submitted electronically must be sent, before midnight of the final date for submission in the timeline set forth in subsection (1) of this section. (2) Not maintain or use the semiautomatic assault firearm in a manner other than: (a) On property owned or immediately controlled by the registered owner; (b) On the premises of a gun dealer or gunsmith licensed under 18 U.S.C. 923 for the purpose of lawful service or repair; (c) While engaging in the legal use of the semiautomatic assault firearm, at a public or private shooting range or shooting gallery or for recreational activities such as hunting, to the extent permitted under state law; or (d) While participating in firearms competition or exhibition, display or educational project about firearms sponsored, conducted by, approved or under the auspices of a law enforcement agency or a national or state-recognized entity that fosters proficiency in firearms use or promotes firearms education; and (e) While transporting the semiautomatic assault firearm in a vehicle to one of the locations authorized in paragraphs (a) to (d) of this subsection, provided the semiautomatic assault firearm is unloaded and locked in a container or with a trigger lock. (3) Permanently and voluntarily relinquish the semiautomatic assault firearm to law enforcement or to a buyback or turn- in program approved by law enforcement, prior to commencement of prosecution by arrest, citation or a formal charge.

STATE POLICE DEPARTMENT DUTIES

SECTION 6. (1) The department shall create and make available a form for registration of semiautomatic assault firearms owned before the effective date of this 2022 Act. (2) The department shall maintain the registry of the semiautomatic assault firearm registration information required to be submitted and shall adopt rules concerning the administration of the registry, as necessary, including but not limited to updating the registry to reflect the following: (a) A report by the owner that the registered semiautomatic assault firearm is no longer in the owner’s possession due to a transfer authorized under section 4 of this 2022 Act (b) A report that the weapon has been destroyed, lost or stolen; and (c) A determination that the registered owner is or has become disqualified under ORS 166.250 from possessing a firearm. (3)The department may also promulgate rules related to reporting the information described in subsection (2) of this section, including timeliness of such reports and other related matters. (4) The record of the information collected for registration under this section shall be maintained permanently by the department and may be disclosed as necessary to other agencies as permitted under Oregon law, but is exempt from public disclosure as provided under the public records law.

SECTION 7. If any provision of this 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. The provisions of this 2022 Act apply to all actions taken on and after the effective date of this 2022 Act, unless expressly stated otherwise herein. This Act may be cited and known as the Reduction of Harm from Weapons Act.

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