Chapter 368
AN ACT
HB 2334
Relating to firearms; creating new
provisions; and amending ORS 166.210, 166.291, 166.293 and 166.295.
Be It Enacted by the People of
the State of
SECTION 1. ORS 166.210 is amended to read:
166.210. As used in ORS
166.250 to 166.270, 166.291 to 166.295 and 166.410 to 166.470:
(1) “Antique firearm”
means:
(a) Any firearm,
including any firearm with a matchlock, flintlock, percussion cap or similar
type of ignition system, manufactured in or before 1898; and
(b) Any replica of any
firearm described in paragraph (a) of this subsection if the replica:
(A) Is not designed or
redesigned for using rimfire or conventional centerfire fixed ammunition; or
(B) Uses rimfire or
conventional centerfire fixed ammunition that is no longer manufactured in the
(2) “Corrections
officer” has the meaning given that term in ORS 181.610.
[(2)] (3) “Firearm” means a weapon, by whatever name known,
which is designed to expel a projectile by the action of powder and which is
readily capable of use as a weapon.
[(3)] (4) “Firearms silencer” means any device for silencing,
muffling or diminishing the report of a firearm.
[(4)] (5) “Handgun” means any pistol or revolver using a
fixed cartridge containing a propellant charge, primer and projectile, and
designed to be aimed or fired otherwise than from the shoulder.
[(5)] (6) “Machine gun” means a weapon of any description by
whatever name known, loaded or unloaded, which is designed or modified to allow
two or more shots to be fired by a single pressure on the trigger device.
[(6)] (7) “Minor” means a person under 18 years of age.
(8) “Offense” has the
meaning given that term in ORS 161.505.
[(7)] (9) “Parole and probation officer” has the meaning
given that term in ORS 181.610.
(10) “Peace officer”
has the meaning given that term in ORS 133.005.
[(8)] (11) “Short-barreled rifle” means a rifle having one or
more barrels less than 16 inches in length and any weapon made from a rifle if
the weapon has an overall length of less than 26 inches.
[(9)] (12) “Short-barreled shotgun” means a shotgun having
one or more barrels less than 18 inches in length and any weapon made from a
shotgun if the weapon has an overall length of less than 26 inches.
SECTION 2. ORS 166.291 is amended to read:
166.291. (1) The sheriff
of a county, upon a person’s application for an Oregon concealed handgun license, upon receipt of the appropriate fees and
after compliance with the procedures set out in this section, shall issue the
person a concealed handgun license if the person:
(a)(A) Is a citizen of
the
(B) Is a legal resident
alien who can document continuous residency in the county for at least six
months and has declared in writing to the United States Citizenship and
Immigration Services the intent to acquire citizenship status and can present
proof of the written declaration to the sheriff at the time of application for
the license;
(b)
Is at least 21 years of age;
(c) [Has a principal residence in] Is a resident of the county [in which the application is made];
(d)
Has no outstanding warrants for arrest;
(e)
Is not free on any form of pretrial release;
(f) Demonstrates competence
with a handgun by any one of the following:
(A) Completion of any
hunter education or hunter safety course approved by the State Department of
Fish and Wildlife or a similar agency of another state if handgun safety was a
component of the course;
(B) Completion of any
National Rifle Association firearms safety or training course if handgun safety
was a component of the course;
(C) Completion of any
firearms safety or training course or class available to the general public
offered by law enforcement, community college, or private or public institution
or organization or firearms training school utilizing instructors certified by
the National Rifle Association or a law enforcement agency if handgun safety
was a component of the course;
(D) Completion of any
law enforcement firearms safety or training course or class offered for
security guards, investigators, reserve law enforcement officers or any other
law enforcement officers if handgun safety was a component of the course;
(E) Presents evidence of
equivalent experience with a handgun through participation in organized
shooting competition or military service;
(F) Is licensed or has
been licensed to carry a firearm in this state, unless the license has been
revoked; or
(G) Completion of any firearms
training or safety course or class conducted by a firearms instructor certified
by a law enforcement agency or the National Rifle Association if handgun safety
was a component of the course;
(g) Has never been
convicted of a felony or found guilty, except for insanity under ORS 161.295,
of a felony;
(h) Has not been
convicted of a misdemeanor or found guilty, except for insanity under ORS
161.295, of a misdemeanor within the four years prior to the application;
(i) Has not been
committed to the Department of Human Services under ORS 426.130;
(j) Has not been found
to be mentally ill and is not subject to an order under ORS 426.130 that the
person be prohibited from purchasing or possessing a firearm as a result of
that mental illness;
(k) Has been discharged
from the jurisdiction of the juvenile court for more than four years if, while
a minor, the person was found to be within the jurisdiction of the juvenile
court for having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as defined in ORS
166.470; [and]
(L) Has not been
convicted of an offense involving controlled substances or participated in a
court-supervised drug diversion program, except this disability does not
operate to exclude a person if:
(A) The person has been
convicted only once of violating ORS 475.864 (3) and has not completed a
court-supervised drug diversion program under ORS 135.907; or
(B) The person has
completed a court-supervised drug diversion program under ORS 135.907 and has
not been convicted of violating ORS 475.864 (3);
[(L)] (m) Is not subject to a
citation issued under ORS 163.735 or an order issued under ORS 30.866, 107.700
to 107.735 or 163.738;
(n) Has not received a
dishonorable discharge from the Armed Forces of the
(o) Is not required to
register as a sex offender in any state.
(2) A person who has
been granted relief under ORS 166.274 or 166.293 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
other jurisdictions is not subject to the disabilities in subsection (1)(g) to
[(k)] (L) of this section.
(3) Before the sheriff
may issue a license:
(a) The application must
state the applicant’s legal name, current address and telephone number, date
and place of birth, hair and eye color and height and weight. The application
must also list the applicant’s residence address or addresses for the previous
three years. The application must contain a statement by the applicant that the
applicant meets the requirements of subsection (1) of this section. The
application may include the Social Security number of the applicant if the
applicant voluntarily provides this number. The application must be signed by
the applicant.
(b) The applicant must
submit to fingerprinting and photographing by the sheriff. The sheriff shall
fingerprint and photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection (1) of this
section. If a nationwide criminal records check is necessary, the sheriff shall
request the Department of State Police to conduct the check, including
fingerprint identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint cards used to
conduct the criminal records check and may not keep any record of the
fingerprints. The Department of State Police shall report the results of the
fingerprint-based criminal records check to the sheriff. The Department of
State Police shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its possession from
its central bureau of criminal identification including, but not limited to,
manual or computerized criminal offender information.
(4) Application forms
for concealed handgun licenses shall be supplied by the sheriff upon request.
The forms shall be uniform throughout the state in substantially the following
form:
______________________________________________________________________________
APPLICATION FOR LICENSE TO CARRY CONCEALED HANDGUN
Date________
I hereby declare as
follows:
I am a citizen of the
United States or a legal resident alien who can document continuous residency
in the county for at least six months and have declared in writing to the
United States Citizenship and Immigration Services my intention to become a
citizen and can present proof of the written declaration to the sheriff at the
time of this application. I am at least 21 years of age. I have been discharged
from the jurisdiction of the juvenile court for more than four years if, while
a minor, I was found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would constitute a
felony or a misdemeanor involving violence, as defined in ORS 166.470. I have
never been convicted of a felony or found guilty, except for insanity under ORS
161.295, of a felony in the State of
Legal name ____________
Age ______ Date of birth ________
Place of birth ____________
Social Security number __________
(Disclosure of your
Social Security account number is voluntary. Solicitation of the number is
authorized under ORS 166.291. It will be used only as a means of
identification.)
Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant. The type of
identification and the number on the identification are to be filled in by the
sheriff.):
1.____________
2.____________
Height ____ Weight ____
Hair color ____ Eye color ____
Current address ________
(List residence addresses for the
past three years on the back.)
Phone ____
I have read the entire text of this application, and the statements
therein are correct and true. (Making false statements on this application is a
misdemeanor.)
______________
(Signature of Applicant)
Character references.
______________________
Name Address
______________________
Name Address
Approved ___ Disapproved ___ by ___
Competence with handgun demonstrated by ____ (to be filled in by
sheriff)
Date ____ Fee Paid ____
License No. ____
______________________________________________________________________________
(5)(a) Fees for
concealed handgun licenses are:
(A)
$15 to the Department of State Police for conducting the fingerprint check of
the applicant.
(B)
$50 to the sheriff for the issuance or renewal of a concealed handgun license.
(C) $15 to the sheriff for the duplication of a license because of
loss or change of address.
(b) The sheriff may
enter into an agreement with the Department of Transportation to produce the
concealed handgun license.
(6) No civil or criminal
liability shall attach to the sheriff or any authorized representative engaged
in the receipt and review of, or an investigation connected with, any
application for, or in the issuance, denial or revocation of, any license under
ORS 166.291 to 166.295 as a result of the lawful performance of duties under
those sections.
(7) Immediately upon
acceptance of an application for a concealed handgun license, the sheriff shall
enter the applicant’s name into the Law Enforcement Data System indicating that
the person is an applicant for a concealed handgun license or is a license
holder.
(8) The county sheriff
may waive the residency requirement in subsection (1)(c)
of this section for a resident of a contiguous state who has a compelling
business interest or other legitimate demonstrated need.
(9) For purposes of
subsection (1)(c) of this section, a person is a
resident of a county if the person:
(a) Has a current
(b) Is registered to
vote in the county and has a memorandum card issued to the person under ORS
247.181 showing a residence address in the county;
(c) Has documentation
showing that the person currently leases or owns real property in the county;
or
(d) Has documentation
showing that the person filed an
SECTION 3. ORS 166.293 is amended to read:
166.293. (1) If the application for the concealed handgun license is
denied, the sheriff shall set forth in writing the reasons for the denial. The
denial shall be sent to the applicant by certified mail, restricted delivery, within
45 days after the application was made. If no decision is issued within 45
days, the person may seek review under the procedures in subsection (5) of this
section.
(2) Notwithstanding ORS
166.291 (1), and subject to review as provided in subsection (5) of this
section, a sheriff may deny a concealed handgun license if the sheriff has
reasonable grounds to believe that the applicant has been or is reasonably
likely to be a danger to self or others, or to the community at large, as a
result of the applicant’s mental or psychological state[,] or as demonstrated by the applicant’s past pattern
of behavior [or participation in
incidents] involving unlawful violence or threats of unlawful violence.
(3)(a) Any act or
condition that would prevent the issuance of a license under ORS 166.291 and
166.292 is cause for revoking a concealed handgun license.
(b) A sheriff may revoke
a license by serving upon the licensee a notice of revocation. The notice must
contain the grounds for the revocation and must be served either personally or
by certified mail, restricted delivery. The notice and return of service shall
be included in the file of the licensee. The revocation is effective upon the
licensee’s receipt of the notice.
(4) Any peace officer or
corrections officer may seize a concealed handgun license and return it to the
issuing sheriff [when] if the
license is held by a person who has been arrested or cited for a crime that can
or would otherwise disqualify the person from being issued a concealed handgun
license. The issuing sheriff shall hold the license for 30 days. If the person
is not charged with a crime within the 30 days, the sheriff shall return the
license unless the sheriff revokes the license as provided in subsection (3) of
this section.
(5) A person denied a
concealed handgun license or whose license is revoked or not renewed under ORS
166.291 to 166.295 may petition the circuit court in the petitioner’s county of
residence to review the denial, nonrenewal or revocation. The petition must be
filed within 30 days after the receipt of the notice of denial or revocation.
(6) The judgment
affirming or overturning the sheriff’s decision shall be based [solely] on whether the petitioner meets
the criteria that are used for issuance of the license under ORS 166.291 and
166.292 and, if the petitioner was denied a concealed handgun license,
whether the sheriff has reasonable grounds for denial under subsection (2) of
this section. Whenever the petitioner has been previously sentenced for a
crime under ORS 161.610 or for a crime of violence for which the person could
have received a sentence of more than 10 years, the court shall [only] grant relief only if the
court finds that relief should be granted in the interest of justice.
(7) 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.
(8) Petitions filed under
this section shall be heard and disposed of within 15 judicial days of filing
or as soon as practicable thereafter.
(9) Filing fees for
actions 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) Initial appeals of
petitions shall be heard de novo.
(11) Any party to a
judgment under this section may appeal to the Court of Appeals in the same manner
as for any other civil action.
(12) If the governmental
entity files an appeal under this section and does not prevail, it shall be
ordered to pay the attorney fees for the prevailing party.
SECTION 4. ORS 166.295 is amended to read:
166.295. (1)(a) A
concealed handgun license is renewable by repeating the procedures set out in
ORS 166.291 and 166.292, except for the requirement to submit fingerprints and
provide character references. A licensee may submit the application for
renewal by mail if the licensee:
(A) Is an active member
of the Armed Forces of the United States, the National Guard of the United
States or the Oregon National Guard; and
(B) Submits with the
application proof of the licensee’s military orders and a copy of the licensee’s
military identification.
(b) An otherwise expired
concealed handgun license continues to be valid for up to 45 days after the
licensee applies for renewal if:
(A) The licensee applies
for renewal before the original license expires;
(B) The licensee has proof
of the application for renewal; and
(C) The application for
renewal has not been denied.
(2) If a licensee
changes residence, the licensee shall report the change of address and the
sheriff shall issue a new license as a duplication for
a change of address. The license shall expire upon the same date as would the
original.
SECTION 5. (1) The amendments to ORS 166.291 and
166.293 by sections 2 and 3 of this 2007 Act apply to applications for
concealed handgun licenses filed on or after the effective date of this 2007
Act.
(2) The amendments to
ORS 166.295 by section 4 of this 2007 Act apply to concealed handgun licenses
issued before, on or after the effective date of this 2007 Act.
Approved by the Governor June 12, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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