HB 2510 : Yuille Forsyth Storage Act of 2021

Position: Support Status: Added to SB 554B and passed.

The contents of HB 2510 have been added to SB 554B. The bill was passed by the Senate and was signed by Gov. Brown on June 1, 2021.

Ceasefire Oregon supported HB 2510 and recommended three additional amendments: an anti-trafficking amendment; an amendment to encourage a gun owner provide the serial number of a lost or stolen firearm; and an amendment to require Oregon State Police to provide a report on the theft or loss of privately held firearms in Oregon, a report indicating the method of storage of firearms used in all unintentional shootings, and a report of shootings involving minors.

The board of Ceasefire Oregon supports HB 2510 with or without these amendments.

Update

Republicans are delaying bills and HB 2510 is caught in that process.
March 30, 2021: The bill was passed out of the House Health Committee.
March 22, 2021: A work session is scheduled for March 30, 2021 at 3:15 PM.
March 11, 2021: Hearing held
Jan 19, 2021: Referred to House Health Care Committee
Jan 11, 2021: Introduced

The contents of HB 2510 have been added to SB 554B. The bill was passed by the Senate and signed by Gov. Brown on June 1, 2021.

An amendment (HB 2510-2) was submitted for HB 2510 which would completely remove the text of HB 2510 and add in its place a mandatory requirement for all Oregon students in seventh through ninth grades to receive “instruction” in a “firearm safety curriculum.” The bill also states that firearms stored in home or car has is “safely and lawfully storing the firearm.”

The amendment is not likely to pass or be considered.

Ceasefire Oregon drafted amendments to HB 2510 which will encourage more people to securely store all their firearms, and to disarm people found by law enforcement to be gun traffickers or who recklessly endanger others by continuing to fail to secure their firearms after previously committing the offense. 

The amendments do not include criminal penalties.

The anti-trafficking amendment gives law enforcement a tool to prevent gun traffickers from continuing to purchase firearms.

  • Lost and stolen reporting laws help reduce gun trafficking by requiring individuals to report loss or theft to law enforcement shortly after discovering it. (Giffords Law Center)
  • Fines or threats of a lawsuit will not stop traffickers; they will simply include the fine as a cost of business. Prohibiting traffickers from purchasing guns is the best way to stop the trade of illegal guns.
  • Gun owners are more likely to secure their firearms in states where a felony penalty can result if an unsecured firearm is used to commit a crime. In the absence of a felony penalty, we believe gun owners might be more likely to secure their firearms if the gun owner risks forfeiture of the firearm or, if the gun owner commits a second offense, the loss of the right to purchase or possess firearms.
  • The amendment provides an affirmative defense if the straw purchaser was forced to make the purchases as a result of domestic abuse.
  • This proposed amendment does not change Section 3(3) of HB 2510 which holds the gun owner strictly liable. 

The serial number amendment encourages people to retain the serial numbers of their firearms but does not punish those who cannot locate the serial numbers due to loss of documents that were beyond the gun owner’s control.

  • Providing the serial numbers of lost or stolen guns gives law enforcement crucial information to identify the firearms.
  • Gun owners whose firearms were lost or stolen should not fear punishment when reporting loss or theft because the serial numbers are not available to them.
  • The gun owner is allowed to document why the serial number was not available. (Ceasefire Oregon recognizes that many Oregonians lost documents when their homes were destroyed during the wildfires.)

The OSP report amendment requires the Oregon State Police to provide a report of the theft or loss of privately held firearms in Oregon and a report indicating the method of storage of firearms used in all unintentional shootings and shootings involving minors.

Anti-Trafficking Amendment

Amendment to remove firearm for first violation and forfeiture of all firearms and right to own/possess firearms for subsequent violation:

Section 3(3): If a person obtains an unsecured firearm as a result of the owner or possessor of a firearm violating subsection (1) of this section and the firearm is used to injure a person or property within two years of the violation, the owner or possessor of the firearm who violated subsection (1) of this section is strictly liable for injury.; and

(a) Notwithstanding ORS 166.279(3) (Forfeiture of deadly weapons), if the unsecured firearm obtained as a result of the owner or possessor of a firearm violating subsection (1) of this section and the firearm is used in the commission of a felony, the owner or possessor forfeits the right to each firearm used in the commission of the felony;

(b) Notwithstanding paragraph (a) of this subsection, if the owner or transferor fails to comply with subsection (1) and the owner or transferor has a previous violation under section (1) at the time of the offense, the owner or possessor forfeits all firearms owned and is prohibited from future purchase or possession of firearms.

Serial Number Amendment

Amendment to require reporting of firearm serial number, inability to provide serial number, exemption for certain firearms legally manufactured without serial numbers:

Section 5(1)(c): A person shall include the serial number of the firearm in a report under this subsection. If the serial number is not immediately available for reporting, the gun owner or possessor must amend the report within ten business days with the serial number or a sworn statement  indicating the reason the owner or possessor has not, through due diligence, been able to retrieve the number. It is not an affirmative defense that the owner or possessor failed to record the number. The serial number may be omitted if the firearm was manufactured in the United States before October 22, 1968; was manufactured by an importer in accordance with 18 U.S.C. 923(i) and all regulations issued under the authority of 18 U.S.C. 923(i) but not limited to 27 C.F.R. 478.92; or if the gun owner provides information that the records were destroyed during the commission of a crime or as a result of damage to property beyond the gun owner’s control. Violation of this section can be punished by up to a $100 fine.

OSP Report Amendment

Oregon State Police shall submit an annual report to the Oregon legislature detailing thefts and losses of privately held firearms in Oregon and a report indicating the method of storage of firearms used in all unintentional shootings and shootings involving minors.

HB 2510 requires owner or possessor of firearm to secure firearm with trigger or cable lock, in locked container or in gun room except in specified circumstances. Punishes violation by maximum of $500 fine. If minor obtains unsecured firearm as result of violation, punishes by maximum of $2,000 fine. Provides that person who does not secure firearm as required is strictly liable for injury to person or property within two years after violation. Specifies exceptions to liability. Requires owner or possessor of firearm to secure firearm with trigger or cable lock or in locked container when transferring firearm under circumstances requiring criminal background check, except in specified circumstances. Punishes violation by maximum of $500 fine. Provides that person who transfers firearm without securing firearm is strictly liable for injury to person or property within two years after violation. Specifies exceptions to liability. Requires person to report loss or theft of firearm within 72 hours of time person knew or reasonably should have known of loss or theft. Punishes violation of requirement by maximum of $1,000 fine. Requires person transferring firearm to minor to directly supervise minor’s use of firearm. Provides that person who does not supervise minor as required is strictly liable for injury to person or property caused by minor’s use of firearm. Authorizes person to transfer supervisory duty and liability to another person. Specifies exceptions to supervision requirement and liability. Directs Oregon Health Authority to specify by rule minimum specifications for trigger and cable locks and locked containers required by Act. Declares emergency, effective on passage.

Studies show that storage laws without criminal penalties are not effective at reducing gunshot death and injury.  Webster and Starnes stated in Pediatrics, “…the beneficial effects of CAP laws were limited to states that allow for felony prosecution of violators.” (Pediatrics 2000;106;1466-1469). In 2018, Dr. Emma Hamilton, et al, found, “Weak CAP laws, which only impose liability for reckless endangerment, were associated with an increased risk of all pediatric firearm injuries.” Journal of Trauma and Acute Care Surgery (2018) Safe storage laws in Washington and Texas include felony penalties.