Title 166 · ORS Chapter 166

166.433, 166.434, 166.435, 166.436 and 166.438, �criminal background check� or �criminal history record check� means determining the eligibility of a person to purchase or possess a firearm by reviewi

Citation: ORS 166.433

Section: 166.433

166.433, 166.434, 166.435, 166.436 and 166.438, �criminal background check� or �criminal history record check� means determining the eligibility of a person to purchase or possess a firearm by reviewing state and federal databases including, but not limited to, the:

����� (a) Oregon computerized criminal history system;

����� (b) Oregon mental health data system;

����� (c) Law Enforcement Data System;

����� (d) National Instant Criminal Background Check System; and

����� (e) Stolen guns system.

����� (2) As used in ORS 166.433, 166.435, 166.436, 166.438 and 166.441:

����� (a) �Gun dealer� has the meaning given that term in ORS 166.412.

����� (b) �Gun show� means an event at which more than 25 firearms are on site and available for transfer. [2001 c.1 �3; 2015 c.50 �6; 2018 c.5 �8]

����� Note: 166.432, 166.433 and 166.445 were made a part of 166.432 to 166.445 by law but were not added to or made a part of ORS chapter 166 or any other series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 166.433 Findings regarding transfers of firearms. The people of this state find that:

����� (1) The laws of Oregon regulating the sale of firearms contain a loophole that allows people other than gun dealers to sell firearms at gun shows without first conducting criminal background checks; and

����� (2) It is necessary for the safety of the people of Oregon that any person who transfers a firearm at a gun show be required to request a criminal background check before completing the transfer of the firearm. [2001 c.1 �1; 2015 c.50 �7]

����� Note: See note under 166.432.

����� 166.434 Requirements for criminal background checks; fees. (1) In addition to the determination required by ORS 166.412 (3)(a)(A), in conducting a criminal background check or criminal history record check, the Department of State Police shall also determine whether the recipient is otherwise prohibited by state or federal law from possessing a firearm.

����� (2) Notwithstanding ORS 166.412 (5), the department is not required to operate the telephone number established under ORS 166.412 (5) on Thanksgiving Day or Christmas Day.

����� (3)(a) The department may charge a fee, not to exceed the amount authorized under ORS