VOTE:NO – Died in Committee
Status (overview) of bill: https://olis.oregonlegislature.gov/liz/2020R1/Measures/Overview/HB4005
Committee assigned to bill:
This bill requires owner or possessor of firearm to secure firearm with trigger or cable lock or in locked container when transferring the firearm and at all other times that the firearm is not carried by or under the “control” of the owner, requires reporting of theft, assuming liability for others’ use of stolen firearms (unless the theft is by someone unlawfully in the dwelling) for two years, and liability for minor’s unintended possession of firearm.
“Control” means, in relation to a firearm, that a person is in sufficiently close proximity to the firearm to prevent another person from obtaining the firearm.
Personal Choice and Responsibility
Responsible gun ownership is important, including making sure guns don’t fall into the wrong hands. But several things are wrong with this bill:
1. Assuming liability for the actions of others: if an owner transfers a firearm and does not include an approved lock, or does not secure it per the requirements defined by the Oregon Health Authority and it is taken by someone lawfully in the dwelling, or the firearm is lost or stolen and the owner does not report the loss or theft within 72 hours, this bill says they are strictly liable for any injury caused by the new owner or thief, for two years. Liability for the actions of another adult would never hold up in court. A fine might, but liability will not.
2. This bill could be enacted into law as soon as February 2020, but the Oregon Health Authority is not required to define what acceptable lock mechanisms are before July 1, 2020. There could therefore be a period of time when this is law and it IS IMPOSSIBLE TO OBEY.
3. If someone stole your firearm with a cable lock and cut it off and used the gun in a crime, how would you be able to prove that you had a cable lock on it? And how would the state be able to prove that you didn’t?
There are many existing laws that can be used to hold negligent persons accountable. For example, the tragedy in Baker County where a 2 year old toddler gained access to a firearm and fatally shot himself resulted in criminal charges against the parents. It turned out the parents could not even legally possess firearms, so they would not likely have followed this law either. We believe this would be another law which only impacts the law abiding.
Multnomah County already has a law like this, but the District Attorney decided not to use it to charge the father and brother of the Reynolds High School shooter who had taken their firearms, which were supposedly secured, without their permission. What good are more laws if they are only enforced selectively?