SB 1546 : Notice to Defendant When Conviction Would Result in Firearm Prohibition

Position: Support Status: Senate Judiciary Committee

Specifies procedures for providing notice to defendant in charging instrument and at arraignment when conviction would result in firearm prohibition.

Update

February 5, 2020

2-10 (S) Senate Committee On Judiciary Work Session ob 2/10/2020 8:15 AM HR C
2-5 (S) Public Hearing Hold February 5, 2020, 8:15 AM Hearing Room C
2-3 (S) Referred to Judiciary
1-27 (S) Pre-session Released to the Public. Submitted at the request of Senate Interim Committee on Judiciary.
1-27 (S) Pre-session Released to the Public.
2-3 (S) Introduction and first reading. Referred to President's desk.
2-3 (S) Referred to Judiciary.
2-5 (S) Public Hearing held.
2-10 (S) Work Session scheduled.

SB 1546 addresses several areas of public safety. Ceasefire Oregon restricts our support of this bill to the sections relating to firearms. The other sections are not within our purview.

SB 1546 specifies the procedures for providing notice to a defendant when a conviction would result in the defendant being prohibited from owning or purchasing guns. The defendant will be notified at the time s/he is charged and at arraignment.

Additionally, SB 1546 specifies procedures for proving nature of relationship between defendant and alleged victim for certain crimes. The nature of the relationship (dating partners, cohabitants, spouse, family member, etc.). In some cases, such as dating partners, crimes could be considered domestic violence and carry additional penalties. The law would direct the court to make a determination concerning the relationship and enter order prohibiting defendant from possessing firearms.

Directs court to provide determination and order to Department of State Police and county sheriff for entry into databases.