Creates the crime of aggravated felon in possession of a firearm when a person who has been convicted of a felony possesses three or more firearms or has certain prior convictions.
Summary
HB 4096 would amend Oregon’s felon-in-possession statute to create a new offense called “aggravated felon in possession of a firearm.” Under the bill, a person with a felony conviction commits the aggravated offense if they possess three or more firearms, or if they commit felon in possession of a firearm and already have one or more prior convictions under that same subsection. The bill also keeps the existing felon-in-possession and felon-in-possession-of-a-restricted-weapon offenses in place.
The measure classifies ordinary felon in possession of a firearm as a Class C felony, while the new aggravated offense would be a Class B felony. It also directs the Oregon Criminal Justice Commission to place the aggravated offense in sentencing guideline crime category 7, or category 8 in more serious cases involving six or more firearms or three or more prior convictions under the statute. The bill preserves existing exceptions for certain old or reduced convictions and for people who have received relief from firearms disabilities or expungement.
Impact
HB 4096 would change ORS 166.270 by adding a more serious firearm-possession offense for people with felony convictions who possess multiple firearms or have repeat convictions under the statute. This would increase potential criminal exposure, including a higher felony classification and a maximum penalty of up to 10 years’ imprisonment and a $250,000 fine for the aggravated offense. The bill would also affect sentencing by requiring the Oregon Criminal Justice Commission to assign the new crime to specific guideline categories, which could influence prison terms and prosecutorial charging decisions.
Sentiment
Based on the bill text and context, the measure appears to be a public-safety and enforcement-oriented proposal, introduced at the request of a district attorney and sponsored by a bipartisan group of legislators. No committee transcript or vote record is available here, so there is no recorded debate to indicate broad support or opposition. The available context suggests the bill was framed as a targeted escalation for repeat or high-risk firearm possession by felons rather than a general expansion of firearm restrictions.
Contention
The main point of contention is likely to be whether creating a separate aggravated felony offense is an appropriate response to firearm possession by people with felony records, especially when the trigger can be possession of three or more firearms or prior convictions under the same statute. Supporters would likely emphasize deterrence, repeat-offender accountability, and public safety, while critics may argue the bill increases penalties and incarceration without addressing underlying causes of gun violence. Another possible issue is the breadth of the firearm-count threshold and how prior convictions are counted, though no formal committee discussion is available to show specific objections.