Oregon State Shooting Association
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OSSA HB2543 Updates
- UPDATE 2/19/21: HB 2543's public hearing was marred with technical issues preventing testimony. It has not been scheduled for a repeat hearing to date.
HB2543 Summary
HB 2543 HB2543 Text
- Prohibits transfer of firearm by gun dealer or private party if Department of State Police is unable to determine whether recipient is qualified to receive firearm.
OSSA HB2543 Analysis
- HB2543 requires that the background check be completed, and a unique approval number be provided to the dealer before transfer is complete.
- HB2543’s amendments enable background checks to remain un-dispositioned, indefinitely, for any reason, thus restricting lawful citizen’s 2nd Amendment rights to “… Keep and Bear Arms …”.
- HB2543 overrides the current provision in the background check system that requires the disposition to be released in 3 days, or else the transfer may proceed.
- HB2543 key elements are listed below:
- ORS 166.412 (Definitions, …, • criminal history record check,…,• rules) is amended to ready (see bold addition and removals below):
- 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. The dealer may not transfer the firearm unless the dealer receives a unique approval number from the department.
- [(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.]
- ORS 166.435 (Firearm transfers by unlicensed persons) is amended to read (see bold addition below):
- If, upon completion of a criminal background check, the gun dealer:
- (A) Receives a unique approval number from the Department of State Police indicating that the transferee is qualified to complete the transfer, the gun dealer shall notify the transferor, enter the firearm into the gun dealer’s inventory and transfer the firearm to the transferee.
- (B) Receives notification that the transferee is prohibited by state or federal law from possessing or receiving the firearm, or that the department is unable to determine if the transferee is qualified or disqualified from completing the transfer, the gun dealer shall notify the transferor and neither the transferor nor the gun dealer shall transfer the firearm to the transferee. If the transferor shipped or delivered the firearm to the gun dealer pursuant to paragraph (b) of this subsection, the gun dealer shall comply with federal law when returning the firearm to the transferor.
- If, upon completion of a criminal background check, the gun dealer:
- ORS 166.436 (Department of State Police criminal background checks for gun show firearm transfers) is amended to read (see bold addition below):
- If the department is unable to determine whether the recipient is qualified for or disqualified from completing the transfer within 30 minutes of receiving the request, the department shall notify the transferor and provide the transferor with an estimate of the time when the department will provide the requested information. The transferor may not transfer the firearm unless the transferor receives a unique approval number from the department.
- ORS 166.412 (Definitions, …, • criminal history record check,…,• rules) is amended to ready (see bold addition and removals below):
Archive of Updates
UPDATE 2/19/21: HB 2543's public hearing was marred with technical issues preventing testimony. It has not been scheduled for a repeat hearing to date.
UPDATE 2/8/21: HB 2543 is scheduled for Public Hearing on 2/18/2021 at 1 pm. This bill enables rejection of a firearms purchase by delaying, or just not completing background checks. This infringes upon law abiding citizen’s 2nd amendment rights, while having no effect on criminals. Current laws at state and federal level require authorities to uphold their responsibility to respond within 3 days.
UPDATE 2/8/21: HB 2543 is scheduled for Public Hearing on 2/18/2021 at 1 pm. This bill enables rejection of a firearms purchase by delaying, or just not completing background checks. This infringes upon law abiding citizen’s 2nd amendment rights, while having no effect on criminals. Current laws at state and federal level require authorities to uphold their responsibility to respond within 3 days.
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