SB 797 : Firearm Safety Package of 2017: Close Charleston Loophole; no guns for stalkers; close Dating Partner Loophole

Position: Support Status: Senate Committee on Judiciary

Closes the Charleston Loophole; requires notification of Oregon US Attorney, state and local law enforcement.
Provides that conviction for stalking causes person to be prohibited from possessing firearm unless person obtains relief from prohibition.

Update


2-14-17: Introduction and first reading. Referred to President's desk.
2-14-17: Referred to Judiciary.

Firearm Safety Package of 2017

  • Closes the Charleston Loophole
    • 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.
    • Currently, a gun seller is permitted to complete a gun sale if the background check takes longer than 3 business days.
      • The gun seller is not currently held criminally liable if the sale is completed after 3 business days if the buyer is a prohibited purchaser.
      • This loophole is how the Charleston AME Church shooter obtained his gun even though he is a prohibited purchaser.
  • Closes Dating Partner (“Boyfriend/Girlfriend”) Loophole
    • Modifies definition of relationship status pertaining to types of court orders and misdemeanor convictions that cause person to be prohibited from possessing firearms.
    • Currently, dating partners who have never lived together or do not have a child together lack protection provided under certain court orders and convictions for domestic violence. Closing this loophole would allow an abused dating partner to be protected under law as an abused person who had been married to, living with, or had a child with an abuser.
  • No Guns for Stalkers
    • Provides that conviction for stalking causes person to be prohibited from possessing firearm unless person obtains relief from prohibition.
  • Law Enforcement Tools to Prosecute “Lie and Try”Purchasers (prohibited purchasers who attempt to buy a firearm)
    • Requires Department of State Police to notify United States Attorney for District of Oregon and all state and local law enforcement agencies with jurisdiction if prohibited firearm purchaser attempts to by a gun.
    • Requires department to notify attempted unlawful purchaser’s probation officer or court that issued protective order, if applicable.
    • Requires department to make notification within 24 hours unless investigation would be compromised.
    • Requires law enforcement agency or prosecuting attorney’s office receiving notification to report to department on action taken after notification and outcome of action.
  • Requires department to publish written report detailing attempted unlawful purchases, including information on investigations and criminal prosecutions.