Title 166 · ORS Chapter 166

166.508: �� (1) �Criminal background check� has the same meaning given to this term in ORS 166.432 (1)(a) to (e). �� (2) �Department� means the Department of State Police. �� (3) �Gun deal

Citation: ORS 166.508

Section: 166.508

166.508:

�� (1) �Criminal background check� has the same meaning given to this term in ORS 166.432 (1)(a) to (e).

�� (2) �Department� means the Department of State Police.

�� (3) �Gun dealer� means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise.

�� (4) �Permit� or �permit-to-purchase� means an authorization issued to a person to purchase or acquire a firearm, provided all other requirements at the time of purchase or acquisition are met.

�� (5) �Permit agent� means a county sheriff or police chief with jurisdiction over the residence of the person making an application for a permit-to-purchase, or their designees.

�� (6) �Transfer� has the meaning given that term in ORS 166.435 (1)(a).

�� (7) �Transferor� means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferee. [2023 c.1 �3]

�� 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.

�� 166.505 Permits to purchase firearms; rules. (1)(a) A person may apply for a permit-to-purchase a firearm or firearms under this section to the police chief or county sheriff with jurisdiction over the residence of the person making the application, or their designees, hereinafter referred to as �permit agent.�

�� (b) A person is qualified to be issued a permit-to-purchase under this section if the person:

�� (A) Is not prohibited from purchasing or acquiring a firearm under state or federal law, including but not limited to successfully completing a criminal background check as described under paragraph (e) of this subsection;

�� (B) Is not the subject of an order described in ORS 166.525 to 166.543;

�� (C) Does not present reasonable grounds for a permit agent to conclude that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant�s mental or psychological state or as demonstrated by the applicant�s past pattern of behavior involving unlawful violence or threats of unlawful violence;

�� (D) Provides proof of completion of a firearm safety course as defined in subsection (8) of this section; and

�� (E) Pays the fee described in subsection (3)(b) of this section.

�� (c) An application for a permit under this section must state the applicant�s legal name, current address and telephone number, date and place of birth, physical description, and any additional information determined necessary by department rules. The application must be signed by the applicant in front of the permit agent.

�� (d) The permit agent shall verify the applicant�s identity with a government-issued form of identification bearing a photograph of the applicant.

�� (e) The applicant must submit to fingerprinting and photographing by the permit agent. The permit agent shall fingerprint and photograph the applicant and shall conduct any investigation necessary to determine whether the applicant meets the qualifications described in paragraph (b) of this subsection. The permit agent shall request the department to conduct a criminal background check, including but not limited to a fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal background check and may not keep any record of the fingerprints. Upon completion of the criminal background check and determination of whether the permit applicant is qualified or disqualified from purchasing or otherwise acquiring a firearm the department shall report the results, including the outcome of the fingerprint-based criminal background check, to the permit agent.

�� (2)(a) If during the background check, the department determines that:

�� (A) A purchaser is prohibited from possessing a firearm under ORS 166.250 (1)(c), the department shall report the attempted application for a permit, the purchaser�s name and any other personally identifiable information to all federal, state and local law enforcement agencies and district attorneys that have jurisdiction over the location or locations where the attempted application for a permit was made and where the permit applicant resides.

�� (B) Based on the judgment of conviction, the permit applicant is prohibited from possessing a firearm as a condition of probation or that the permit applicant is currently on post-prison supervision or parole, the department shall report the attempted application for a permit to the permit applicant�s supervising officer and the district attorney of the county in which the conviction occurred.

�� (C) The permit applicant is prohibited from possessing a firearm due to a court order described in ORS 166.255 (1)(a), the department shall report the attempted application for a permit to the court that issued the order.

�� (D) The permit applicant is under the jurisdiction of the Psychiatric Security Review Board, the department shall report the attempted application for a permit to the board.

�� (b) Reports required by paragraph (a)(A) to (D) of this subsection shall be made within 24 hours after the determination is made, unless a report would compromise an ongoing investigation, in which case the report may be delayed as long as necessary to avoid compromising the investigation.

�� (c) On or before January 31 of each year, beginning in 2024, the department shall annually publish a report indicating for each county the number of applications made to any permit agent, the number of permits-to-purchase issued and the number of permits-to-purchase denied and the reasons for denial. The department may, by rule, include any additional information that it determines would be helpful to ensuring the permit-to-purchase process is being administered in a consistent and equitable manner.

�� (3)(a) Within 30 days of receiving an application for a permit under this section, if the permit agent has verified the applicant�s identity and determined that the applicant has met each of the qualifications described in subsection (1)(b) of this section, the permit agent shall issue the permit-to-purchase.

�� (b) The permit agent may charge a reasonable fee reflecting the actual cost of the process but shall not exceed $65, including the cost of fingerprinting, photographing and obtaining a criminal background check.

�� (4)(a) The department shall develop:

�� (A) A standardized application form for a permit under this section; and

�� (B) A form in quadruplicate for use by permit agents in issuing permits under this section.

�� (b) The issuing permit agent shall maintain a copy of each permit issued under this section.

�� (c) The person named in a permit shall:

�� (A) Maintain a copy of the permit as long as the permit is valid.

�� (B) Present a copy of the permit to the gun dealer or transferor of a firearm when required under ORS 166.412, 166.435, 166.436 or 166.438.

�� (5)(a) The permit agent shall report the issuance of a permit under this section to the department, and shall provide to the department a copy of the permit and any information necessary for the department to maintain an electronic searchable database of all permits issued under this section. A permit agent revoking a permit shall report the revocation to the department at the time that notice of the revocation has been sent to the permit holder.

�� (b) The department shall maintain the electronic database described in paragraph (a) of this subsection by ensuring that new permits are added to the database, renewed permits are assigned a new expiration date, and expired or revoked permits are marked expired or revoked but retained in the database.

�� (6)(a) A permit-to-purchase issued under this section does not create any right of the permit holder to receive a firearm.

�� (b) A permit-to-purchase issued under this section is not a limit on the number of firearms the permit holder may purchase or acquire during the time period when the permit is valid.

�� (7)(a) A permit-to-purchase issued under this section is valid for five years from the date of issuance, unless revoked.

�� (b) A person may renew an unexpired permit issued under this section by repeating the procedures set forth in subsection (1) of this section, except:

�� (A) A full fingerprint set does not need to be taken again if the original set has been retained by the permit agent or is otherwise available; and

�� (B) The training course does not need to be completed, provided the course previously taken fully complies with each of the requirements set forth in subsection (8) of this section.

�� (c) The permit agent may charge a reasonable fee for renewal of the permit, reflecting the actual cost of the process but shall not exceed $50, including the cost of obtaining a criminal background check and photographing.

�� (8) As used in this section, �proof of completion of a firearm safety course� means the following:

�� (a) Proof of completion of any firearms training course or class available to the general public that is offered by law enforcement, a community college, or a private or public institution or organization or firearms training school utilizing instructors certified by a law enforcement agency, and that includes the components set forth in paragraph (c) of this subsection; or

�� (b) Proof of completion of any law enforcement firearms training course or class that is offered for security guards, investigators, reserve law enforcement officers, or any other law enforcement officers, and that includes the components set forth in paragraph (c) of this subsection;

�� (c) A firearms training course or class required for issuance of a permit-to-purchase must include:

�� (A) Review of federal and state laws in place at the time of the class and other safe practices related to ownership, purchase, transfer, use and transportation of firearms;

�� (B) Review of federal and state safe storage laws in place at the time of the class and other safe practices related to safe storage, including reporting lost and stolen guns;

�� (C) Prevention of abuse or misuse of firearms, including the impact of homicide and suicide on families, communities and the country as a whole; and

�� (D) In-person demonstration of the applicant�s ability to lock, load, unload, fire and store a firearm before an instructor certified by a law enforcement agency. This requirement may be met separately from the other course requirements in subparagraphs (A), (B) and (C) of this paragraph, which may be completed in an online course, provided the online course has been conducted by a trainer certified by law enforcement.

�� (d) Proof of successful completion of a training course in order to meet the requirements for a concealed handgun license issued under ORS 166.291 and 166.292 may be submitted for a permit as a substitute for the requirements in paragraph (c) of this subsection, provided the completed course included each of the components set forth in paragraph (c) of this subsection.

�� (9) The department may adopt rules to carry out the provisions of this section. [2023 c.1 �4]

�� 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.

�� 166.508 Denial of application; revocation; petition to circuit court. (1) If the application for the permit-to-purchase is denied, the permit agent shall set forth in writing the reasons for the denial. The denial shall be placed in the mail to the applicant by certified mail, restricted delivery, within 30 days after the application was made. If no decision is issued within 30 days, the person may seek review under the procedures in subsection (5) of this section.

�� (2) Notwithstanding ORS 166.505 (1) to (3), and subject to review as provided in subsection (5) of this section, a permit agent may deny a permit-to-purchase if the permit agent has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant�s mental or psychological state or as demonstrated by the applicant�s past pattern of behavior involving unlawful violence or threats of unlawful violence.

�� (3)(a) Any act or condition that would prevent the issuance of a permit-to-purchase is cause for revoking a permit-to-purchase.

�� (b) A permit agent may revoke a permit by serving on the permittee a notice of revocation. The notice must contain the grounds for the revocation and must be served either personally or by certified mail, restricted delivery. The notice and return of service shall be included in the file of the permit holder. The revocation is effective upon the permit holder�s receipt of the notice.

�� (4) Any peace officer or corrections officer may seize a permit-to-purchase and return it to the issuing permit agent if the permit is held by a person who has been arrested or cited for a crime that can or would otherwise disqualify the person from being issued a permit. The issuing permit agent shall hold the permit for 30 days. If the person is not charged with a crime within the 30 days, the permit agent shall return the permit unless the permit agent revokes the permit as provided in subsection (3) of this section.

�� (5) A person denied a permit-to-purchase or whose permit is revoked or not renewed may petition the circuit court in the petitioner�s county of residence to review the denial, nonrenewal or revocation. The petition must be filed within 30 days after the receipt of the notice of the denial or revocation.

�� (6) The judgment affirming or overturning the permit agent�s decision shall be based on whether the petitioner meets the criteria that are used for issuance of a permit-to-purchase and, if the petitioner was denied a permit, whether the permit agent has reasonable grounds for denial under subsection (2) of this section. Whenever the petitioner has been previously sentenced for a crime under ORS