Statute Text
Manufacture, importation, possession, use, purchase, sale or transfer of
large-capacity magazine.
(1) As used in this section:
(a) Armed Forces
of the United States has the meaning given that term in ORS 348.282.
(b) Detachable
magazine means an ammunition feeding device that can be loaded or unloaded
while detached from a firearm and readily inserted in a firearm.
(c) Fixed
magazine means an ammunition feeding device contained in or permanently
attached to a firearm in such a manner that the device cannot be removed
without disassembly of the firearm action.
(d) Large-capacity
magazine means a fixed or detachable magazine, belt, drum, feed strip, helical
feeding device, or similar device, including any such device joined or coupled
with another in any manner, or a kit with such parts, that has an overall
capacity of, or that can be readily restored, changed, or converted to accept,
more than 10 rounds of ammunition and allows a shooter to keep firing without
having to pause to reload, but does not include any of the following:
(A) An ammunition
feeding device that has been permanently altered so that it is not capable, now
or in the future, of accepting more than 10 rounds of ammunition;
(B) An attached
tubular device designed to accept, and capable of operating only with 0.22
caliber rimfire ammunition; or
(C) A tubular
ammunition feeding device that is contained in a lever-action firearm.
(e) Loaded has
the meaning given that term in ORS 166.360.
(f) Person
means any natural person, corporation, partnership, fire or association.
(2)
Notwithstanding ORS 166.250 to 166.470, and except as expressly provided in
subsections (3) to (5) of this section, a person commits the crime of unlawful
manufacture, importation, possession, use, purchase, sale or otherwise
transferring of large-capacity magazines if the person manufactures, imports,
possesses, uses, purchases, sells or otherwise transfers any large-capacity
magazine in Oregon on or after December 8, 2022.
(3) Subsection
(2) of this section does not apply during the first 180 days following December
8, 2022, with respect to:
(a) A licensed
gun dealer that within 180 days of December 8, 2022:
(A) Transfers or
sells the large-capacity magazines in the gun dealers inventory to a
nonresident gun dealer or other transferee outside of this state;
(B) Purchases or
acquires temporary custody from an owner of any large-capacity magazine for
permanent removal from this state within 180 days of December 8, 2022;
(C) Permanently
alters any large-capacity magazine in the gun dealers inventory or custody so
that it is not capable, upon alteration or in the future, of accepting more
than 10 rounds of ammunition or permanently alter the magazine so it is no
longer a; or
(D) Permanently
disposes of the large-capacity magazines in the gun dealers custody or
inventory.
(b) A firearms
manufacturer, properly licensed under federal, state and local law, that is a
party to a contract, in existence and binding on December 8, 2022, with an
entity outside of this state, for the manufacture of large-capacity magazines,
provided that:
(A) All
manufacturing is completed no later than 180 days after December 8, 2022; and
(B) The entity
outside of Oregon receiving the large-capacity magazines is made aware in
writing on or before the delivery of the ammunition devices of the restrictions
pertaining to large-capacity magazines in this state as set forth in chapter 1,
Oregon Laws 2023.
(4) Subsection
(2) of this section does not apply at any time to:
(a) A firearms
manufacturer properly licensed under federal, state and local law that
manufactures large-capacity magazines, provided:
(A) The
manufacturing is for exclusive sale or transfer to the Armed Forces of the
United States or a law enforcement agency and solely for authorized use by that
entity related to the official duties of the entity; and
(B) Any
large-capacity magazine, permitted to be manufactured under paragraph (a)(A) of
this subsection after December 8, 2022, shall include a permanent stamp or
marking indicating that the large-capacity magazine was manufactured or
assembled after December 8, 2022. The stamp or marking must be legibly and
conspicuously engraved or cast upon the outer surface of the large-capacity
magazine. The department may promulgate such rules as may be necessary for the
implementation of this section, including but not limited to rules requiring
such large-capacity magazine be stamped with information indicating the
limitation for use only by military and law enforcement or such other
identification to distinguish clearly large-capacity magazines manufactured
after December 8, 2022. Except as provided in subsection (3)(b) of this
section, no large-capacity magazines without such stamp may be manufactured in
this state after December 8, 2022.
(b) A licensed
gun dealer that sells or otherwise transfers large-capacity magazine
Plain English Explanation
This Oregon statute addresses Manufacture, importation, possession, use, purchase, sale or transfer of
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