HB 4096 Firearm hold agreement

Died In Committee

Status (overview) of bill:https://olis.oregonlegislature.gov/liz/2024R1/Measures/Overview/HB4096
Committee assigned to bill:

The Act allows “Federal firearms licensee” (a person licensed as a dealer, manufacturer or importer) to enter into agreements with a firearm owner to hold guns for safety. The Act also directs OHA to develop a firearm safety pamphlet. Prohibits a civil cause of action against a licensee who takes possession of a firearm pursuant to a firearm hold agreement unless the action is based on negligence or unlawful conduct. Directs the Oregon Health Authority to develop a firearm suicide prevention pamphlet. Takes effect on the 91st day following adjournment sine die

This bill also directs the Oregon Health Authority to “develop, publish and distribute a pamphlet on firearm suicide prevention and the use of firearm hold agreements as defined in section 1 of this 2024 Act as a means of reducing firearm suicide risk.” The bill makes no mention of any kind of suicide other than those committed with firearms. In fact, it does not even acknowledge that there is any other way to commit suicide, it just reinforces the message that guns are bad and directs the OHA to normalize and promote that message. Why should they be trusted when the Oregon Health Authority has recently been exposed for intentionally withholding a publicly funded report.

Under this bill a person who is presumably experiencing a mental health crisis could enter into a “agreement” with a gun dealer to hold his firearms for “an agreed-upon period of time.” And while it gives lip service to legal immunity to gun dealers who return guns to people who have tacitly signaled they are possibly suicidal, in fact it opens the door to endless liability and lawsuits. The immunity to legal liability does not apply: (A) If the licensee returns the firearm to a person the licensee knows, or reasonably should know, is a danger to self or others.

This will fill our courts with cases when they are already behind. After all, if someone drops off their guns because they think they are suicidal, what dealer has the qualifications to determine they are not?

If the Oregon Legislature truly wanted to create a system where a person in crisis could leave their firearms in safe harbor, they could repeal the senseless and dangerous law that makes it nearly impossible and legally dangerous to leave firearms with a trusted friend or family member. Instead they are creating a whole new bureaucracy wrapped in red tape that puts gun dealers in jeopardy and exposes gun owners to embarrassment and humiliation at the worst possible time.

Since these guns are not being repaired, there will not be the background check exemption for gunsmithing. What directives do you think OSP will get about approving checks for people who have already implied they are suicidal? The bill ignores and refuses to address the legal mess it will create for people who want to get their guns back.


Senator Brain Boquist
Capitol Phone: 503-986-1712
Email: Sen.BrianBoquist@oregonlegislature.gov

Representative Court Boice
Capitol Phone: 503-986-1401
Email: Rep.CourtBoice@oregonlegislature.gov

Representative Charlie Conrad
Capitol Phone: 503-986-1412
Email: Rep.CharlieConrad@oregonlegislature.gov

Representative Anna Scharf
Capitol Phone: 503-986-1423
Email: Rep.AnnaScharf@oregonlegislature.gov

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