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Posted: 7/28/2016 2:21:07 PM EDT
[#1]
Quoted: Y'all, I'm a Georgia resident, but like many other firearms folks, pay close attention to what goes on in other states. Based on my knowledge of SB 941, isn't this pastor's handing of the rifle to a parishioner for safekeeping illegal? If so, this could be an incident to make a good case against SB 941's provisions. "They drove it to the home of a parishioner, a 'responsible gun owner,' Lucas said, who offered to keep the rifle locked up in a gun safe until the pastor is ready to destroy it." Why this pastor spent $3,000 in church funds to win a raffle with an AR-15 as the prize Mind you, I have no issue with the pastor's decision that he will destroy the rifle. IMO, since it's his private property and can dispose of it that way if he pleases. Regards, Shawn I believe it is. Yes. I'm not going to hold my breath for prosecution. Some people are more equal than others. The "Oregon Firearms Safety Act” – Highlights Updated 7/6/15 Senate Bill 941, signed into law by Governor Brown on May 11, 2015, as the Oregon Firearms Safety Act, adds the requirement of a background check for firearm transfers between private-parties to existing law. Included in this law are exemptions for some individuals and circumstances. This document serves to highlight only changes to the Oregon firearm transfer process as a result of this legislation. Please refer to the SB 941 Enrolled bill for the complete text. Highlights are as follows: Definition: "Transfer” means the delivery of a firearm from a transferor to a transferee, including, but not limited to: the sale, gift, loan or lease of the firearm. Exceptions, Exemptions, Non-Applicable Circumstances 1. "Transfer” does not include: The temporary provision of a firearm to a transferee if the transferor has no reason to believe the transferee is prohibited from possessing a firearm or intends to use the firearm in the commission of a crime, and the provision occurs: a. At a shooting range, shooting gallery or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class or a similar lawful activity; b. For the purpose of hunting, trapping or target shooting, during the time in which the transferee is engaged in activities related to hunting, trapping or target shooting; c. Under circumstances in which the transferee and the firearm are in the presence of the transferor; d. To a transferee who is in the business of repairing firearms, for the time during which the firearm is being repaired; e. To a transferee who is in the business of making or repairing custom accessories for firearms, for the time during which the accessories are being made or repaired; or f. For the purpose of preventing imminent death or serious physical injury, and the provision lasts only as long as is necessary to prevent the death or serious physical injury. 2. Background Check Requirements do not apply to: a. Firearm transfers by or to a law enforcement agency; b. Firearm transfers by or to a law enforcement officer, private security professional or member of the US Armed Forces, while that person is acting in the scope of their official duties; c. A transfer as part of a firearm turn-in or buyback event, where a law enforcement agency receives or purchases firearms from members of the public; d. A transferor’s: spouse or domestic partner; parent or stepparent; a transferor’s child or stepchild; a transferor’s sibling, grandparent, grandchild, aunt or uncle, first cousin, niece or nephew, or the spouse or domestic partner of any of the above relatives; e. Spouse or domestic partner to any of the relatives noted in 2(d) above; f. Transfer that occurs because of the death of the firearm owner, provided that: 1. The transfer is conducted or facilitated by a personal representative, as defined in ORS 111.005, or a trustee of a trust created in a will; and 2. The transferee is related to the deceased firearm owner in a manner specified in numbers 2(d) and 2(e) above. g. Transfer of service weapons under ORS 181.150. (Note: This is existing statute) General Process Changes under Oregon Firearms Safety Act: 1. Private-party firearm transfers must be conducted through a licensed firearm dealer while both parties (owner of the firearm and proposed recipient or purchaser) are present. a. If the transferor and the transferee reside over 40 miles from each other, the transferor may ship or deliver the firearm to a firearm dealer located near the transferee or a firearm dealer designated by the transferee, and the transferor need not appear before the firearm dealer in person. 2. A firearm dealer who agrees to complete the transfer shall request a background check on the transferee and shall comply with all requirements of federal law. 3. A firearm dealer may charge a reasonable fee for facilitating a firearms transfer. 4. A firearm dealer that requests a background check for a private party under this law is immune from civil liability for any use of the firearm by the recipient. 5. A private party transferring a firearm at a gun show must complete a background check through OSP or a firearm dealer prior to the transfer. (NOTE: This is existing statute, however is highlighted to show the private party has options, in these instances.) New Mental Health Disqualification 1. Under ORS 426.133, a court that orders outpatient treatment may prohibit a person from purchasing or possessing a firearm during the period of assisted outpatient treatment if in the opinion of the court, there is a reasonable likelihood the person would constitute a danger to self or others or to the community as a result of the person’s mental or psychological state demonstrated by either past behavior or involvement in unlawful violence or threats of violence, or by reason of a single incident of extreme, violent, unlawful conduct. 2. The court that orders outpatient treatment and prohibits a person from purchasing or possessing a firearm during the period of assisted outpatient treatment shall deliver a copy of the order to the county sheriff, who shall enter the information into LEDS. 3. Individuals subject to these orders will be included in the FBI NICS Index under ORS 181.740. 4. Important note: Relief from prohibition for mental health reasons must be obtained through the Psychiatric Security Review Board (PSRB) under ORS 166.274 in order to regain rights at both the state and federal levels. Enforcement action: 1. Failure to comply with the requirements is a Class A misdemeanor. 2. Failure to comply with the requirements, if the person has a previous conviction under the law at the time of the current offense, is a Class B Felony. 3. Failure to comply with the requirements for a private party at a gun show, if the transferor has two or more previous convictions under 166.438, is a Class C Felony. (Note: this is existing law) 4. If the Department (OSP) determines that a recipient is prohibited from possessing a firearm under ORS 166.250 (1) (c), as soon as practicable, the department may report the attempted transfer and the recipient’s name to the appropriate law enforcement agency. Effective Dates 1. Effective upon passage due to declared emergency. (5/11/15) 2. Orders regarding assisted outpatient treatment apply only when entered on or after the effective date. 3. Section 2 and statutory amendments become operative 90 days after the effective date. (8/9/15) |
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Posted: 7/28/2016 4:33:19 PM EDT
[#2]
I was thinking that it might also be illegal because he didn't transfer it with the intent to be the user. He had it transferred to himself, with the intent to give it to someone else. Straw purchase?
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Posted: 7/28/2016 8:49:23 PM EDT
[#3]
Unless the pastor and his parishioner went down to a gunshop, and the parishioner passed a BGC, and tranferring the rifle to the parishioner, that was illegal as hell.
Unless the parishioner is the son of the pastor, or vice versa... |
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Posted: 7/29/2016 8:45:37 PM EDT
[#4]
I hope he gets arrested and charged. I'll show up for his court dates to laugh.
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Posted: 8/6/2016 5:43:35 AM EDT
[#5]
Well, looky what happened: Lake Oswego pastor could face charges for transfer of AR-15
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Posted: 8/7/2016 8:48:09 PM EDT
[#6]
"Anything that furthers the conversation about our gun laws in the state of Oregon, I'm happy that that would happen," [gun hater] said. I would hope that this would further the conversation into how ridiculous SB941 was. |
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Posted: 8/7/2016 9:03:50 PM EDT
[#7]
Quote HistoryStill says "could". |
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Posted: 8/7/2016 9:08:21 PM EDT
[#8]
Quote HistoryQuoted:Still says "could". True, but at least it's getting noticed and there's some movement on it, instead of just blowing it off. |
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Posted: 8/8/2016 1:29:18 AM EDT
[#9]
Quote HistoryQuoted:
True, but at least it's getting noticed and there's some movement on it, instead of just blowing it off. Quote HistoryQuoted:
Quoted:Still says "could". True, but at least it's getting noticed and there's some movement on it, instead of just blowing it off. OSP will "investigate" for a month or so and let this quietly die with no charges laid in a slam-dunk case after it passes from the public's attention. Some time later, some poor bastard from Roseburg will end up doing hard time for lending his squirrel gun to his cousin. 'Murica, fuck yeah! |
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Posted: 8/8/2016 1:03:33 PM EDT
[#10]
Quote HistoryQuoted: OSP will "investigate" for a month or so and let this quietly die with no charges laid in a slam-dunk case after it passes from the public's attention. Some time later, some poor bastard from Roseburg will end up doing hard time for lending his squirrel gun to his cousin. 'Murica, fuck yeah! Quote HistoryQuoted: Quoted: Quoted:Still says "could". True, but at least it's getting noticed and there's some movement on it, instead of just blowing it off. OSP will "investigate" for a month or so and let this quietly die with no charges laid in a slam-dunk case after it passes from the public's attention. Some time later, some poor bastard from Roseburg will end up doing hard time for lending his squirrel gun to his cousin. 'Murica, fuck yeah! Nailed it. |
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Posted: 9/29/2016 9:45:19 PM EDT
[#11]
Bumping this to see if anyone has an update on how OSP's "investigation" into this crime is going.
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Posted: 9/29/2016 10:00:33 PM EDT
[#12]
Quote HistoryQuoted:
Bumping this to see if anyone has an update on how OSP's "investigation" into this crime is going. http://www.oregonlive.com/portland/index.ssf/2016/09/lake_oswego_pastor_wont_be_cha.html |
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Posted: 9/29/2016 11:45:02 PM EDT
[#13]
I love it! A confession is insufficient evidence!
"None of the witnesses nor documentary evidence obtained by Oregon State Police prove that an actual 'transfer' occurred," Clackamas County District Attorney John Foote wrote in a letter declining to file charges. "The suspect's statement to the media that he gave it to someone for safe keeping is insufficient to prove that it did happen." I guess this means that private transfers are still OK in OR as long as we make a statement to the media that the transfer took place. What. A. Fucking. Joke. |
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Posted: 9/30/2016 1:50:31 PM EDT
[#14]
Yeah. What a bunch of shit. Dude just walks because he's got the "proper" political beliefs. |
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Posted: 10/15/2016 4:22:30 PM EDT
[#15]
What a load of horse shit. Laws are made to apply to all not to exempt the select few. This the UN-rational thought process of the <-.
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Posted: 10/16/2016 10:29:03 AM EDT
[#16]
Jesus christ.
There is nothing..and I mean fucking nothing I hate more than liberals. Dude shold be charged Lord knows I would be. |
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Posted: 10/19/2016 10:34:24 AM EDT
[#17]
The silver lining is, 941 wasn't enforced!
Even though the pastor is a pussy piece of shit and I would like to call him out for his crap, at the end of the day, 941 was not enforced! |
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Posted: 10/19/2016 11:32:36 AM EDT
[#18]
Quote HistoryQuoted: The silver lining is, 941 wasn't enforced! Even though the pastor is a pussy piece of shit and I would like to call him out for his crap, at the end of the day, 941 was not enforced! |
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Posted: 10/31/2016 4:11:16 AM EDT
[#19]
$3,000 to fund for a riffle to get destroy... this guy must have more money than GOD. I would never set my foot into his church.
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Posted: 11/12/2016 3:08:38 AM EDT
[#20]
Most LE don't even know how the law works, other than for "sales". We used to routinely let friends or family members take temporary possession of firearms if a person voluntarily did so after being placed on a suicide hold. Just the other day we had some Deputies let a neighbor hang onto a guys guns who was suicidal and had surrendered after being armed and barricaded. The law is a joke and most cops don't even know all the ins and outs. Of course when I found out what had happened, I didn't say a word as we unknowingly allowed the guy to break the law by "transferring" the firearms and will cause the good neighbor to also break the same law when he gives the owner back his guns.
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