Chapter 499 Oregon Laws 2009

AN ACT

SB 603

Relating to firearms; amending ORS 166.250, 166.260, 166.270, 166.274, 166.460 and 166.470.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 166.250 is amended to read:

          166.250. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:

          (a) Carries any firearm concealed upon the person;

          (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or

          (c) Possesses a firearm and:

          (A) Is under 18 years of age;

          (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

          (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;

          (C) Has been convicted of a felony [or found guilty, except for insanity under ORS 161.295, of a felony];

          (D) Was committed to the Department of Human Services under ORS 426.130; [or]

          (E) Was found to be mentally ill and 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; or

          (F) Has been found guilty except for insanity under ORS 161.295 of a felony.

          (2) This section does not prohibit:

          (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

          (A) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or

          (B) Temporarily for hunting, target practice or any other lawful purpose; or

          (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

          (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

(4)(a) Except as provided in paragraph (b) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.

          (b) If a vehicle has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:

          (A) The handgun is stored in a closed and locked glove compartment, center console or other container; and

          (B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.

          [(4)] (5) Unlawful possession of a firearm 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] to (E) or 166.270 or barred from purchasing a firearm under ORS 166.470 (1)(a) to (g) 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 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.

          (10)(a) Initial appeals of petitions shall be heard de novo.

          (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.

SECTION 3. 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 or any blackjack, slungshot, 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. 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 possession of marijuana and the conviction was prior to January 1, 1972.

          (4) Subsection (1) of this section does 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 a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, 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 18 U.S.C. 925(c) or ORS 166.274 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 4. ORS 166.260 is amended to read:

          166.260. (1) ORS 166.250 does not apply to or affect:

          (a) Sheriffs, constables, marshals, police officers, whether active or honorably retired, parole and probation officers or other duly appointed peace officers.

          (b) Any person summoned by any such officer to assist in making arrests or preserving the peace, while said person so summoned is actually engaged in assisting the officer.

          (c) The possession or transportation by any merchant of unloaded firearms as merchandise.

          (d) Active or reserve members of the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the National Guard, when on duty.

          (e) Organizations which are by law authorized to purchase or receive weapons described in ORS 166.250 from the United States, or from this state.

          (f) Duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their organization.

          (g) A corrections officer while transporting or accompanying an individual convicted of or arrested for an offense and confined in a place of incarceration or detention while outside the confines of the place of incarceration or detention.

          (h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

(2) It is an affirmative defense to a charge of violating ORS 166.250 (1)(c)(C) that the person has been granted relief from the disability under ORS 166.274.

          [(2)] (3) Except for persons who are otherwise prohibited from possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS 166.250 does not apply to or affect:

          (a) Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 upon such target ranges, or while going to and from such ranges.

          (b) Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.

          [(3)] (4) The exceptions listed in subsection (1)(b) to (h) of this section constitute affirmative defenses to a charge of violating ORS 166.250.

SECTION 5. ORS 166.460 is amended to read:

          166.460. (1) ORS 166.250, 166.260, 166.291 to 166.295, 166.410, 166.412, 166.425, 166.434, 166.438 and 166.450 do not apply to antique firearms.

          (2) Notwithstanding the provisions of subsection (1) of this section, possession of an antique firearm by a person described in ORS 166.250 (1)(c)(B)[, (C) or] to (D) or (F) constitutes a violation of ORS 166.250.

SECTION 6. ORS 166.470 is amended to read:

          166.470. (1) Unless relief has been granted under ORS 166.274, 18 U.S.C. 925(c) or the expunction laws of this state or an equivalent law of another jurisdiction, a person may not intentionally sell, deliver or otherwise transfer any firearm when the transferor knows or reasonably should know that the recipient:

          (a) Is under 18 years of age;

          (b) Has been convicted of a felony [or found guilty, except for insanity under ORS 161.295, of a felony];

          (c) Has any outstanding felony warrants for arrest;

          (d) Is free on any form of pretrial release for a felony;

          (e) Was committed to the Department of Human Services under ORS 426.130;

          (f) After January 1, 1990, was found to be mentally ill and 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; [or]

          (g) Has been convicted of a misdemeanor involving violence or found guilty[,] except for insanity under ORS 161.295[,] of a misdemeanor involving violence within the previous four years. As used in this paragraph, “misdemeanor involving violence” means a misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195 or 166.155 (1)(b); or

          (h) Has been found guilty except for insanity under ORS 161.295 of a felony.

          (2) A person may not sell, deliver or otherwise transfer any firearm that the person knows or reasonably should know is stolen.

          (3) Subsection (1)(a) of this section does not prohibit:

          (a) The parent or guardian, or another person with the consent of the parent or guardian, of a minor from transferring to the minor a firearm, other than a handgun; or

          (b) The temporary transfer of any firearm to a minor for hunting, target practice or any other lawful purpose.

          (4) Violation of this section is a Class A misdemeanor.

Approved by the Governor June 24, 2009

Filed in the office of Secretary of State June 24, 2009

Effective date January 1, 2010

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