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PREAMBLE Whereas the People of the State of Oregon Find That Gun Violence in Oregon and the United States, Resulting in Horrific

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PREAMBLE Whereas the People of the State of Oregon Find That Gun Violence in Oregon and the United States, Resulting in Horrific PREAMBLE 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 Whereas the firearms 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 rifles, shotguns 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 action, 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 magazine” means an ammunition feeding device that can be loaded or unloaded while detached from a firearm 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 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 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 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 (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 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; or (E) A stabilizing brace or any similar component. (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 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.
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