SB 396 SB396 Text
- Defines “undetectable firearm.” Punishes manufacturing, importing, offering for sale or transferring undetectable firearm by maximum of 10 years’ imprisonment, $250,000 fine, or both. Punishes possession of undetectable firearm by maximum of 364 days’ imprisonment, $6,250 fine, or both.
- Defines “untraceable firearm.” Punishes possessing, manufacturing, importing, offering for sale or transferring untraceable firearm by maximum of 10 years’ imprisonment, $250,000 fine, or both.
- Defines “unfinished frame or receiver.” Requires gun dealer to conduct criminal background check before transferring unfinished frame or receiver. Punishes importing, offering for sale or transferring unfinished receiver by maximum of 10 years’ imprisonment, $250,000 fine, or both. Specifies exceptions. Punishes possession of unserialized unfinished frame or receiver by maximum of five years’ imprisonment, $125,000 fine, or both. Provides that person commits crime if person possesses unfinished frame or receiver and is prohibited from possessing firearms. Punishes by maximum of 364 days’ imprisonment, $6,250 fine, or both.
OSSA SB396 Analysis
- SB396, if passed into law, would make instant felons of Oregon law abiding citizens. This will affect a significant portion of the greater than 25% of Oregon homes that have firearms.
- SB396 has 2 critical parts.
- SB396 replicates a current federal law (18 USC 922) with respect to “undetectable firearms''. In addition, and unneeded, the authors called out 3D printing nonmetal substances when the real requirement is that the weapon and its components are detectable at airports and by other weapons detection instruments. Again, this section is redundant to current federal law.
- Makes possessing a firearm built from parts, or just having the parts, unlawful if the parts are not serialized, on the day the bill passes. These components can be acquired and used in shooting sports under federal law by individuals for their own lawful use (not sale, distribution, or transfer).
- More detail on the SB396.
- Section 2 “undetectable firearms” is adapted from, and redundant to, the current federal requirements in 18 U.S.C 922; which is already in place as federal law. The only material wording added, which is redundant, is explicitly stating, “3D printed entirely of non-metal substances” are not allowed. (18 U.S.C. 922 is the federal code that ensures that weapons are manufactured or fabricated in such a way that they are detectable by instruments such as airport and courthouse detectors.)
- Section 3 “untraceable firearms” “Unfinished frames and receivers” seek to eliminate the practice, currently allowed by federal law, for individuals (for their own lawful use – not sale, distribution, or transfer),to acquire, finish and assemble components into a functional firearm. The bill requires all untraceable firearms and unfinished frames and receivers manufactured after October 22, 1968 to have unique serial numbers and be manufactured by licensed manufacturers.
- Section 4-6 of SB396 moves to treat all unfinished receivers and frames as completed firearms, not parts, and install them in the firearms possession and transfer ORS procedures; even though they are not functional firearms.
- There are no provisions in the bill for the current unfinished receivers and frames that exist to become lawful under the new law. As such, law abiding Oregon citizens will be turned into felons.
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