ORS 166.412

(1) Definitions:

(a) “Antique firearm” is defined as per 18 U.S.C. 921.

(b) “Department” refers to the Department of State Police.

(c) “Firearm” is defined as in ORS 166.210, excluding antique firearms.

(d) “Firearms transaction record” refers to the record required by 18 U.S.C. 921 to 929.

(e) “Firearms transaction thumbprint form” is a form provided by the department under subsection (11) of this section.

(f) “Gun dealer” is any person engaged in the business of selling, leasing, or transferring firearms, including retail dealers, pawnbrokers, or others, as defined in 18 U.S.C. 921.

(g) “Purchaser” means an individual who buys, leases, or otherwise receives a firearm from a gun dealer.

(2) Pre-Delivery Requirements for Gun Dealers:

Except as specified in subsections (3)(c) and (12), gun dealers must adhere to the following protocols before delivering a firearm to a purchaser:

(a) The purchaser must provide current identification as outlined in subsection (4).

(b) The gun dealer must complete the firearms transaction record and obtain the purchaser’s signature.

(c) The dealer must obtain the purchaser’s thumbprints on the firearms transaction thumbprint form and attach it to the dealer’s copy of the firearms transaction record for filing.

(d) The dealer must request a criminal history record check from the department via telephone, providing the following:

• Federal firearms license number
• Business name
• Place of transfer
• Transferor’s name
• Firearm’s make, model, caliber, and manufacturer’s number
• Purchaser’s name and date of birth
• Social Security number (if provided voluntarily)
• Identification type, issuer, and number

(e) The dealer must receive a unique approval number from the department and record it on the transaction record and thumbprint form.

(f) The firearms transaction thumbprint form may be destroyed five years after its completion.

(3) Criminal History Record Check Process:

Upon the dealer’s request, the department shall immediately:

(a) Determine if the purchaser is disqualified under ORS 166.470 from purchasing a firearm and notify the dealer accordingly.

(b) If unable to determine qualification status within 30 minutes, the department must provide an estimated time for the information.

(c) If the department does not provide an approval number or disqualification notification by the close of the next business day, the dealer may deliver the firearm.

(4) Identification Requirements:

(a) The purchaser must present current identification with a photograph and date of birth, issued by a recognized authority.

(b) If the identification lacks the purchaser’s current address, a second piece of identification with the current address must be provided. The Superintendent of State Police will specify acceptable forms of secondary identification.

(c) The department may require the dealer to verify the purchaser’s identity by sending thumbprints if necessary.

(5) Department Operational Requirements:

The department must provide a telephone line operational seven days a week from 8 a.m. to 10 p.m. to respond to gun dealers’ inquiries for criminal history checks.

(6) Liability Protections:

Public employees, officials, or agencies are not criminally or civilly liable for conducting required investigations, provided they act in good faith and without malice.

(7) Retention and Reporting of Records:

(a) The department may retain criminal history check records for no more than five years.

(b) These records are exempt from public disclosure.

(c)-(f) The department must report attempted firearm transfers by prohibited individuals to relevant law enforcement and judicial authorities.

(g) Reports must be made within 24 hours unless delaying would compromise an ongoing investigation.

(h)-(i) Law enforcement and prosecuting attorney’s offices must report actions taken on received reports, and the department shall publish an annual report on such actions.

(8) Law Enforcement Inspection Rights:

Law enforcement may inspect a dealer’s records during a criminal investigation with consent, subpoena, or search warrant.

(9) Firearm Delivery Condition:

Firearms must be delivered unloaded.

(10) Superintendent of State Police Rule-Making Authority:

The Superintendent may adopt rules regarding the thumbprint form, error correction procedures, security systems, and a database of gun dealers’ business hours.

(11) Form Availability:

The department must publish the thumbprint form and provide it to gun dealers at cost.

(12) Exemptions:

This section does not apply to transactions between federally licensed dealers.

(13) Dealer-Assisted Background Checks:

(a) Gun dealers may conduct background checks for non-dealer transfers and may charge a fee for this service.

(b) Dealers conducting such checks are immune from liability for any subsequent use of the firearm, provided the check was conducted per this section.

Note: Sections 166.412 to 166.421 were enacted by the Legislative Assembly but not added to ORS chapter 166. See the Preface to Oregon Revised Statutes for further details.