(1)(a) and retains the form as required by ORS 166.438 (2) is immune

166.438 (1)(a) and retains the form as required by ORS 166.438 (2) is immune from civil liability for any use of the firearm from the time of the transfer unless the transferor knows, or reasonably should know, that the recipient is likely to commit an unlawful act involving the firearm.

����� (b) The immunity provided by paragraph (a) of this subsection does not apply:

����� (A) If the transferor knows, or reasonably should know, that the recipient of the firearm intends to deliver the firearm to a third person who the transferor knows, or reasonably should know, may not lawfully possess the firearm; or

����� (B) In any product liability civil action under ORS 30.900 to 30.920. [2001 c.1 �6; 2015 c.50 �3; 2018 c.5 �5; 2018 c.120 �16; 2023 c.1 �8]

����� Note: See first note under 166.412.

����� Note: See second note under 166.355.

����� Note: See third note under 166.355.

����� Note: See fourth note under 166.355.

����� 166.438 Transfer of firearms at gun shows; penalties. (1) A transferor who is not a gun dealer may not transfer a firearm at a gun show unless the transferor:

����� (a)(A) Verifies with the department that the recipient has a valid permit-to-purchase issued under ORS 166.505;

����� (B) Requests a criminal background check under ORS 166.436 prior to completing the transfer;

����� (C) Receives a unique approval number from the department indicating that the recipient is qualified to complete the transfer; and

����� (D) Has the recipient complete the form described in ORS 166.441; or

����� (b) Completes the transfer through a gun dealer.

����� (2) The transferor shall retain the completed form referred to in subsection (1) of this section for at least five years and shall make the completed form available to law enforcement agencies for the purpose of criminal investigations.

����� (3) A person who organizes a gun show shall post in a prominent place at the gun show a notice explaining the requirements of subsections (1) and (2) of this section. The person shall provide the form required by subsection (1) of this section to any person transferring a firearm at the gun show.

����� (4) Subsection (1) of this section does not apply if the transferee is licensed as a dealer under 18 U.S.C. 923.

����� (5)(a) Failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class A misdemeanor.

����� (b) Notwithstanding paragraph (a) of this subsection, failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class C felony if the person has two or more previous convictions under this section at the time of the offense.

����� (6) It is an affirmative defense to a charge of violating subsection (1) or (3) of this section that the person did not know, or reasonably could not know, that more than 25 firearms were at the site and available for transfer. [2001 c.1 �7; 2015 c.50 �9; 2023 c.1 �9]

����� Note: See first note under 166.412.

����� Note: See second note under 166.355.

����� Note: See third note under 166.355.

����� Note: See fourth note under 166.355.

����� 166.440 [Repealed by 1989 c.839 �39]

����� 166.441 Form for transfer of firearm at gun show. (1) The Department of State Police shall develop a form to be completed by a person seeking to obtain a firearm at a gun show from a transferor other than a gun dealer. The department shall consider including in the form all of the requirements for disclosure of information that are required by federal law for over-the-counter firearms transactions.

����� (2) The department shall make the form available to the public at no cost. [2001 c.1 �8]

����� 166.445 Short title. ORS 166.432 to 166.445 and the amendments to ORS 166.416, 166.418 and 166.460 by sections 9, 10 and 11, chapter 1, Oregon Laws 2001, shall be known as the Gun Violence Prevention Act. [2001 c.1 �2]

����� Note: See note under 166.432.

����� 166.450 Obliteration or change of identification number on firearms. Any person who intentionally alters, removes or obliterates the identification number of any firearm for an unlawful purpose, shall be punished upon conviction by imprisonment in the custody of the Department of Corrections for not more than five years. Possession of any such firearm is presumptive evidence that the possessor has altered, removed or obliterated the identification number. [Amended by 1987 c.320 �90; 1989 c.839 �24]

����� 166.460 Antique firearms excepted. (1) ORS 166.250, 166.260, 166.291 to 166.295, 166.410, 166.412, 166.425,