68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 887
A-Engrossed
Senate Bill 320
Ordered by the Senate April 6
Including Senate Amendments dated April 6
Sponsored by Senator BRYANT
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Excludes felons from list of persons eligible to seek relief
from prohibition against possessing firearms.
A BILL FOR AN ACT
Relating to possession of firearms; amending ORS 166.270 and
166.274.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 166.270 is amended to read:
166.270. (1) Any person who has been convicted of a felony
under the law of this state or any other state, or who has been
convicted of a felony under the laws of the Government of the
United States, who owns or has in the person's possession or
under the person's custody or control any firearm, commits the
crime of felon in possession of a firearm.
(2) Any person who has been convicted of a felony under the law
of this state or any other state, or who has been convicted of a
felony under the laws of the Government of the United States, who
owns or has in the person's possession or under the person's
custody or control any instrument or weapon having a blade that
projects or swings into position by force of a spring or by
centrifugal force and commonly known as a switchblade knife, or
any instrument or weapon commonly known as a blackjack, slung
shot, sandclub, sandbag, sap glove or metal knuckles, or who
carries a dirk, dagger or stiletto, commits the crime of felon in
possession of a restricted weapon.
(3) For the purposes of this section, a person 'has been
convicted of a felony' if, at the time of conviction for an
offense, that offense was a felony under the law of the
jurisdiction in which it was committed. Provided, however, that
such conviction shall not be deemed a conviction of a felony if:
(a) The court declared the conviction to be a misdemeanor at
the time of judgment; or
(b) The offense was for possession of marijuana and the
conviction was prior to January 1, 1972.
(4) Subsection (1) of this section shall not apply to any
person who has been:
(a) Convicted of only one felony under the law of this state or
any other state, or who has been convicted of only one felony
under the laws of the United States, which felony did not involve
criminal homicide, as defined in ORS 163.005, or the possession
or use of a firearm or switchblade knife, and who has been
discharged from imprisonment, parole or probation for said
offense for a period of 15 years prior to the date of alleged
violation of subsection (1) of this section; or
(b) Granted relief from the disability under { - ORS 166.274
or - } 18 U.S.C. �925(c) or has had the person's record expunged
under the laws of this state or equivalent laws of another
jurisdiction.
(5) Felon in possession of a firearm is a Class C felony.
Felon in possession of a restricted weapon is a Class A
misdemeanor.
SECTION 2. ORS 166.274 is amended to read:
166.274. (1) A person barred from possessing a firearm under
ORS 166.250 (1)(c) { + (A), (B), (D) or (E) + } { - or
166.270 - } or barred from purchasing a firearm under ORS
166.470 may file a petition for relief from the bar in:
(a) A justice court in the petitioner's county of residence
that is reasonably accessible to the petitioner; or
(b) If no justice court is reasonably accessible, the district
court in the petitioner's county of residence or, if there is no
district court for the county, the circuit court.
(2) A person may apply once per calendar year for relief under
the provisions of this section.
(3)(a) A person petitioning for relief under this section shall
serve a copy of the petition on:
(A) The city chief of police if the court in which the petition
is filed is located in a city; or
(B) The sheriff of the county in which the court is located.
(b) The copy of the petition shall be served on the chief of
police or sheriff at the same time the petition is filed at the
court.
(4)(a) When a petition is denied, the judge shall cause that
information to be entered into the Department of State Police
computerized criminal history files.
(b) When a petition is granted, the judge shall cause that
information and a fingerprint card of the petitioner to be
entered into the Department of State Police computerized criminal
history files. If, after a petition is granted, the petitioner is
arrested and convicted of a crime that would disqualify the
petitioner from purchasing or possessing a firearm, the
Department of State Police shall notify the court that granted
relief under this section. The court shall review the order
granting relief and determine whether to rescind the order. The
Department of State Police may charge a reasonable fee, under ORS
192.440, for the entry and maintenance of information under this
section.
(5) Notwithstanding the provisions of ORS 9.320, a corporation,
the state or any city, county, district or other political
subdivision or public corporation in this state, without
appearance by attorney, may appear as a party to an action under
this section.
(6) If the petitioner seeks relief from the bar on possessing
or purchasing a firearm, relief shall be granted when the
petitioner demonstrates, by clear and convincing evidence, that
the petitioner does not pose a threat to the safety of the public
or the petitioner.
(7) A person barred from possessing or purchasing a firearm
because the person, while a minor, was found to be within the
jurisdiction of the juvenile court for committing an act which,
if committed by an adult, would have constituted a felony or a
misdemeanor involving violence, is not eligible to petition for
relief under this section until more than four years have passed
since the person was discharged from the jurisdiction of the
juvenile court.
(8) Petitions filed under this section shall be heard and
disposed of within 15 judicial days of filing or as soon as is
practicable thereafter, but not more than 30 days thereafter. The
judge shall then make findings and conclusions and issue a
judgment based on the findings and conclusions in accordance with
the requirements of law.
(9) Filing fees shall be as for any civil action filed in the
court. If the petitioner prevails, the amount of the filing fee
shall be paid by the respondent to the petitioner and may be
incorporated into the court order.
(10)(a) Initial appeals of petitions shall be heard de novo.
Appeals from district court shall go to the circuit court.
(b) Any party to a judgment under this subsection may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(c) If the governmental entity files an appeal under this
subsection and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
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