ORS 166.412
Definitions

  • firearms transaction record
  • criminal history record check
  • prohibited transfer report
  • liability
  • rules

(1)

As used in this section:

(a)

“Antique firearm” has the meaning given that term in 18 U.S.C. 921;

(b)

“Department” means the Department of State Police;

(c)

“Firearm” has the meaning given that term in ORS 166.210 (Definitions), except that it does not include an antique firearm;

(d)

“Firearms transaction record” means the firearms transaction record required by 18 U.S.C. 921 to 929;

(e)

“Firearms transaction thumbprint form” means a form provided by the department under subsection (11) of this section;

(f)

“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; and

(g)

“Purchaser” means a person who buys, leases or otherwise receives a firearm from a gun dealer.

(2)

Except as provided in subsections (3)(c) and (12) of this section, a gun dealer shall comply with the following before a firearm is delivered to a purchaser:

(a)

The purchaser shall present to the gun dealer current identification meeting the requirements of subsection (4) of this section.

(b)

The gun dealer shall complete the firearms transaction record and obtain the signature of the purchaser on the record.

(c)

The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction thumbprint form and attach the form to the gun dealer’s copy of the firearms transaction record to be filed with that copy.

(d)

The gun dealer shall request by telephone that the department conduct a criminal history record check on the purchaser and shall provide the following information to the department:

(A)

The federal firearms license number of the gun dealer;

(B)

The business name of the gun dealer;

(C)

The place of transfer;

(D)

The name of the person making the transfer;

(E)

The make, model, caliber and manufacturer’s number of the firearm being transferred;

(F)

The name and date of birth of the purchaser;

(G)

The Social Security number of the purchaser if the purchaser voluntarily provides this number to the gun dealer; and

(H)

The type, issuer and identification number of the identification presented by the purchaser.

(e)

The gun dealer shall receive a unique approval number for the transfer from the department and record the approval number on the firearms transaction record and on the firearms transaction thumbprint form.

(f)

The gun dealer may destroy the firearms transaction thumbprint form five years after the completion of the firearms transaction thumbprint form.

(3)

Intentionally left blank —Ed.

(a)

Upon receipt of a request of the gun dealer for a criminal history record check, the department shall immediately, during the gun dealer’s telephone call or by return call:

(A)

Determine, from criminal records and other information available to it, whether the purchaser is disqualified under ORS 166.470 (Limitations and conditions for sales of firearms) from completing the purchase; and

(B)

Notify the gun dealer when a purchaser is disqualified from completing the transfer or provide the gun dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer.

(b)

If the department is unable to determine if the purchaser is qualified or disqualified from completing the transfer within 30 minutes, the department shall notify the gun dealer and provide the gun dealer with an estimate of the time when the department will provide the requested information.

(c)

If the department fails to provide a unique approval number to a gun dealer or to notify the gun dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close of the gun dealer’s next business day following the request by the gun dealer for a criminal history record check, the gun dealer may deliver the firearm to the purchaser.

(4)

Intentionally left blank —Ed.

(a)

Identification required of the purchaser under subsection (2) of this section shall include one piece of current identification bearing a photograph and the date of birth of the purchaser that:

(A)

Is issued under the authority of the United States Government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and

(B)

Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual.

(b)

If the identification presented by the purchaser under paragraph (a) of this subsection does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser. The Superintendent of State Police may specify by rule the type of identification that may be presented under this paragraph.

(c)

The department may require that the gun dealer verify the identification of the purchaser if that identity is in question by sending the thumbprints of the purchaser to the department.

(5)

The department shall establish a telephone number that shall be operational seven days a week between the hours of 8 a.m. and 10 p.m. for the purpose of responding to inquiries from gun dealers for a criminal history record check under this section.

(6)

No public employee, official or agency shall be held criminally or civilly liable for performing the investigations required by this section provided the employee, official or agency acts in good faith and without malice.

(7)

Intentionally left blank —Ed.

(a)

The department may retain a record of the information obtained during a request for a criminal history record check for no more than five years.

(b)

The record of the information obtained during a request for a criminal history record check by a gun dealer is exempt from disclosure under public records law.

(c)

If the department determines that a purchaser is prohibited from possessing a firearm under ORS 166.250 (Unlawful possession of firearms) (1)(c), the department shall report the attempted transfer, the purchaser’s name and any other personally identifiable information to all federal, state and local law enforcement agencies and district attorneys that have jurisdiction over the location or locations where the attempted transfer was made and where the purchaser resides.

(d)

If the department determines that, based on the judgment of conviction, the purchaser is prohibited from possessing a firearm as a condition of probation or that the purchaser is currently on post-prison supervision or parole, the department shall report the attempted transfer to the purchaser’s supervising officer and the district attorney of the county in which the conviction occurred.

(e)

If the department determines that the purchaser is prohibited from possessing a firearm due to a court order described in ORS 166.255 (Possession of firearm or ammunition by certain persons prohibited) (1)(a), the department shall report the attempted transfer to the court that issued the order.

(f)

If the department determines that the purchaser is under the jurisdiction of the Psychiatric Security Review Board, the department shall report the attempted transfer to the board.

(g)

Reports required by paragraphs (c) to (f) of this subsection shall be made within 24 hours after the determination is made, unless a report would compromise an ongoing investigation, in which case the report may be delayed as long as necessary to avoid compromising the investigation.

(h)

On or before January 31 of each year, a law enforcement agency or a prosecuting attorney’s office that received a report pursuant to paragraph (c) of this subsection during the previous calendar year shall inform the department of any action that was taken concerning the report and the outcome of the action.

(i)

The department shall annually publish a written report, based on any information received under paragraph (h) of this subsection, detailing the following information for the previous year:

(A)

The number of purchasers whom the department determined were prohibited from possessing a firearm under ORS 166.250 (Unlawful possession of firearms) (1)(c), arranged by category of prohibition;

(B)

The number of reports made pursuant to paragraph (c) of this subsection;

(C)

The number of investigations arising from the reports made pursuant to paragraph (c) of this subsection, the number of investigations concluded and the number of investigations referred for prosecution, all arranged by category of prohibition; and

(D)

The number of criminal charges arising from the reports made pursuant to paragraph (c) of this subsection and the disposition of the charges, both arranged by category of prohibition.

(8)

A law enforcement agency may inspect the records of a gun dealer relating to transfers of firearms with the consent of a gun dealer in the course of a reasonable inquiry during a criminal investigation or under the authority of a properly authorized subpoena or search warrant.

(9)

When a firearm is delivered, it shall be unloaded.

(10)

In accordance with applicable provisions of ORS chapter 183, the Superintendent of State Police may adopt rules necessary for:

(a)

The design of the firearms transaction thumbprint form;

(b)

The maintenance of a procedure to correct errors in the criminal records of the department;

(c)

The provision of a security system to identify gun dealers that request a criminal history record check under subsection (2) of this section; and

(d)

The creation and maintenance of a database of the business hours of gun dealers.

(11)

The department shall publish the firearms transaction thumbprint form and shall furnish the form to gun dealers on application at cost.

(12)

This section does not apply to transactions between persons licensed as dealers under 18 U.S.C. 923.

(13)

Intentionally left blank —Ed.

(a)

If requested by a transferor who is not a gun dealer, a gun dealer may request a criminal background check pursuant to ORS 166.435 (Firearm transfers by unlicensed persons) or 166.438 (Transfer of firearms at gun shows) and may charge a reasonable fee for providing the service.

(b)

A gun dealer that requests a criminal background check under this subsection is immune from civil liability for any use of the firearm by the recipient or transferee, provided that the gun dealer requests the criminal background check as described in this section. [1995 c.729 §1; 2001 c.900 §25; 2009 c.595 §114; 2009 c.826 §17; 2015 c.50 §4; 2018 c.5 §4; 2018 c.120 §15]
Note: 166.412 (Definitions) to 166.421 (Stolen firearms) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 166.412 — Definitions; firearms transaction record; criminal history record check; prohibited transfer report; liability; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html.

166.005
Treason
166.015
Riot
166.023
Disorderly conduct in the first degree
166.025
Disorderly conduct in the second degree
166.065
Harassment
166.070
Aggravated harassment
166.075
Abuse of venerated objects
166.076
Abuse of a memorial to the dead
166.085
Abuse of corpse in the second degree
166.087
Abuse of corpse in the first degree
166.090
Telephonic harassment
166.095
Misconduct with emergency telephone calls
166.116
Interfering with public transportation
166.155
Bias crime in the second degree
166.165
Bias crime in the first degree
166.167
Community service as sentence for bias crime
166.170
State preemption
166.171
Authority of county to regulate discharge of firearms
166.172
Authority of city to regulate discharge of firearms
166.173
Authority of city or county to regulate possession of loaded firearms in public places
166.174
Authority of city, county, municipal corporation or district to regulate possession or sale of firearms
166.175
Authority of city to regulate purchase of used firearms
166.176
Exception to preemption for certain county ordinances
166.180
Negligently wounding another
166.190
Pointing firearm at another
166.210
Definitions
166.220
Unlawful use of weapon
166.240
Carrying of concealed weapons
166.250
Unlawful possession of firearms
166.255
Possession of firearm or ammunition by certain persons prohibited
166.256
Relinquishment of firearm upon person becoming subject to certain court orders
166.257
Return of relinquished firearm
166.259
Relinquishment of firearm upon conviction of certain offenses
166.260
Persons not affected by ORS 166.250
166.262
Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370
166.263
Authority of parole and probation officer to carry firearm
166.270
Possession of weapons by certain felons
166.272
Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers
166.273
Relief from firearm prohibitions related to mental health
166.274
Relief from prohibition against possessing or receiving firearm
166.275
Possession of weapons by inmates of institutions
166.279
Forfeiture of deadly weapons
166.282
Sale of weapons by political subdivision
166.291
Issuance of concealed handgun license
166.292
Procedure for issuing
166.293
Denial or revocation of license
166.295
Renewal of license
166.297
Annual report regarding revocation of licenses
166.300
Killing or injuring another with firearm as cause for loss of right to bear arms
166.320
Setting springgun or setgun
166.330
Use of firearms with other than incombustible gun wadding
166.350
Unlawful possession of armor piercing ammunition
166.360
Definitions for ORS 166.360 to 166.380
166.370
Possession of firearm or dangerous weapon in public building or court facility
166.373
Possession of weapon in court facility by peace officer or federal officer
166.375
Possession of handgun or ammunition by Department of Corrections authorized staff member
166.377
Possession of firearms in certain public buildings by concealed handgun licensees
166.380
Examination of firearm by peace officer
166.382
Possession of destructive device prohibited
166.384
Unlawful manufacture of destructive device
166.385
Possession of hoax destructive device
166.390
Short title
166.392
Definitions
166.395
Securing firearms
166.397
Reporting loss or theft of firearm
166.400
Requirement that firearm be locked during transfer
166.403
Duty to supervise upon transfer of firearm to minor
166.405
Gun dealer notice requirement
166.410
Manufacture, importation or sale of firearms
166.412
Definitions
166.414
Fees for conducting criminal history record checks
166.416
Providing false information in connection with a transfer of a firearm
166.418
Improperly transferring a firearm
166.421
Stolen firearms
166.422
Enforcement of ORS 166.412
166.425
Unlawfully purchasing a firearm
166.427
Register of transfers of used firearms
166.429
Firearms used in felony
166.432
Definitions for ORS 166.412 and 166.433 to 166.441
166.433
Findings regarding transfers of firearms
166.434
Requirements for criminal background checks
166.435
Firearm transfers by unlicensed persons
166.436
Department of State Police criminal background checks for gun show firearm transfers
166.438
Transfer of firearms at gun shows
166.441
Form for transfer of firearm at gun show
166.445
Short title
166.450
Obliteration or change of identification number on firearms
166.460
Antique firearms excepted
166.470
Limitations and conditions for sales of firearms
166.480
Sale or gift of explosives to children
166.490
Purchase of firearms in certain other states
166.525
Definitions
166.527
Petition for ex parte order
166.530
Hearing on order
166.533
Hearing to terminate order
166.535
Renewal of order
166.537
Surrender of deadly weapons pursuant to order
166.540
Return of surrendered deadly weapons
166.543
Criminal penalties
166.630
Discharging weapon on or across highway, ocean shore recreation area or public utility facility
166.635
Discharging weapon or throwing objects at trains
166.638
Discharging weapon across airport operational surfaces
166.641
Definitions for ORS 166.641 to 166.643
166.642
Felon in possession of body armor
166.643
Unlawful possession of body armor
166.645
Hunting in cemeteries prohibited
166.649
Throwing an object off an overpass in the second degree
166.651
Throwing an object off an overpass in the first degree
166.660
Unlawful paramilitary activity
166.663
Casting artificial light from vehicle while possessing certain weapons prohibited
166.715
Definitions for ORS 166.715 to 166.735
166.720
Racketeering activity unlawful
166.725
Remedies for violation of ORS 166.720
166.730
Authority of investigative agency
166.735
Short title
Green check means up to date. Up to date