Signed by Governor Kate Brown

Vote Smart's Synopsis:

Vote to pass a bill that requires a background check for firearm transfers, including private sales, effective immediately.

Highlights:

• Prohibits an individual from transferring a firearm to another individual unless the transferor and transferee appear in person before a gun dealer with the firearm and request a background check on the transferee (Sec. 2).

• Defines “transfer” as the delivery of a firearm from a transferor to a transferee, including but not limited to, the sale, gift, loan, or lease of a firearm (Sec. 2).

• Requires a gun dealer to notify the transferor of the results of the background check and either approve or prohibit the transfer of the firearm (Sec. 2). 

• Authorizes a gun dealer to charge a “reasonable fee” for facilitating the transfer (Sec. 2).

• Specifies that “transfer” does not include temporarily lending a firearm to an individual who the transferor believes is not prohibited from possessing a firearm or intends to use it for a crime, if 1 of the following conditions is met (Sec. 2):
• The firearm is lent at a shooting range or firearms training course;
• The firearm is lent for the purpose of hunting while the individuals are hunting;
• The firearm is lent for the purpose of repairs; or
• The firearm is lent for the purpose of preventing imminent death or serious injury.

• Exempts certain transfers including, but not limited to, the following transfers (Sec. 2):
• A transfer to a law enforcement agency;
• A transfer to a family member or domestic partner of the transferor; and
• A transfer to a family member due to the death of the firearm owner.

• Authorizes a judge to prohibit an individual from purchasing or possessing a firearm during assisted outpatient treatment if the court determines there is a “reasonable likelihood” of danger to the individual or others (Sec. 11).

Full Bill Text