Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 10 - OREGON CRIMINAL OFFENDER INFORMATION SYSTEM › Section 257-010-0055 - Firearm Instant Check System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Firearm Instant Check System
			 is a computerization of firearm and firearm purchaser information, and is
			 maintained by the OSP under provisions of Oregon Law. The purpose of the
			 Firearm Instant Check System is to receive information from Oregon Gun Dealers
			 and private citizens to determine if the person purchasing the firearm is
			 disqualified under Oregon (ORS
			 166.470)
			 and Federal Law from completing the purchase of a firearm and if the firearm
			 being transferred is stolen.
(2)
			 The OSP may retain a record of the information obtained during a request for a
			 criminal records check for no more than five years.
(3) The record of the information obtained by
			 the OSP during a request for a criminal records check by a gun dealer is exempt
			 from disclosure under public records law.
(4) Identification required of the purchaser
			 shall include one piece of current identification bearing a photograph and date
			 of birth of the purchaser that is issued under the authority of the United
			 States government, a state, a political subdivision of a state, a foreign
			 government, a political subdivision of a foreign government, an international
			 governmental organization or an international quasi-governmental organization;
			 and is intended to be used for identification of an individual or is commonly
			 accepted for the purpose of identification of an individual.
(5) If the identification presented by the
			 purchaser under (4) of this rule does not include the current address of the
			 purchaser, the purchaser shall present a second piece of current identification
			 that contains the current address of the purchaser and corroborates the name on
			 the first piece of identification. Examples of a second piece of identification
			 that will be accepted are: current vehicle registration, current rent receipt
			 and current utility bill.
(6) The
			 OSP may require that the gun dealer verify the identification of the purchaser
			 if that identity is in question by sending the thumbprints of the purchaser to
			 the OSP, Identification Services Section. The OSP shall publish the firearms
			 transaction thumbprint form and shall furnish the form to gun dealers on
			 application at cost.
(7) The OSP
			 may adopt a fee schedule for criminal history record checks and collect a fee
			 for each criminal history record check requested. The fee schedule shall be
			 calculated to recover the cost of performing criminal history record checks,
			 but may not exceed the cost noted in statute per record check. The applicable
			 fees for a firearm transfer background check are noted in the CJIS Fee
			 Schedule.
(8) The OSP may respond
			 to a telephone request from any person requesting that the OSP determine if the
			 firearm is stolen.
(9) The
			 Department of State Police shall develop a state form to be completed by a
			 person seeking to obtain a firearm at a gun show from a transferor other than a
			 gun dealer. The department shall consider including in the form all of the
			 requirements for disclosure of information that are required by federal law for
			 over-the-counter firearms transactions.
(10) The department shall make the form
			 available to the public at no cost.
Statutory/Other Authority: ORS
				  166.291,
				  ORS
				  166.412,
				  ORS
				  192.243  & ORS
				  194.400
Statutes/Other Implemented: ORS
				  166.291,
				  ORS
				  166.412  & ORS
				  181A.875