Chapter 662
Oregon Laws 2011
AN ACT
HB 2792
Relating to
firearms; creating new provisions; amending ORS 166.250, 166.274, 166.425 and
821.240; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 166.250, as amended by
section 8a, chapter 826, Oregon Laws 2009, 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 or section 5, chapter 826, Oregon Laws 2009, 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;
(D) Was committed to the Oregon Health
Authority under ORS 426.130;
(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)] paragraphs (b) and (c)
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, other than a
vehicle described in paragraph (c) of this subsection, 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.
(c) If a vehicle is a motorcycle,
an all-terrain vehicle or a snowmobile, a handgun is not readily accessible
within the meaning of this section if:
(A) The handgun is in a locked
container within or affixed to the vehicle; or
(B) The handgun is equipped with a
trigger lock or other locking mechanism that prevents the discharge of the
firearm.
(5) Unlawful possession of a firearm
is a Class A misdemeanor.
SECTION 2. ORS 166.250, as amended by
sections 8a and 11a, chapter 826, Oregon Laws 2009, 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;
(D) Was committed to the Oregon Health
Authority under ORS 426.130;
(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)] paragraphs (b) and (c)
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, other than a
vehicle described in paragraph (c) of this subsection, 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.
(c) If the vehicle is a motorcycle,
an all-terrain vehicle or a snowmobile, a handgun is not readily accessible
within the meaning of this section if:
(A) The handgun is in a locked
container within or affixed to the vehicle; or
(B) The handgun is equipped with a
trigger lock or other locking mechanism that prevents the discharge of the
firearm.
(5) Unlawful possession of a firearm
is a Class A misdemeanor.
SECTION 3. ORS 166.274, as amended by
section 19, chapter 826, Oregon Laws 2009, and section 2, chapter 86, Oregon
Laws 2010, is amended to read:
166.274. (1) Except as provided in
subsection (11) of this section, a person barred from possessing or
purchasing a firearm may file a petition for relief from the bar in accordance
with subsection (2) of this section if:
(a) The person is barred from
possessing a firearm under ORS 166.250 (1)(c)(A) [to] or (C) or 166.270; or
(b) The person is barred from
purchasing a firearm under ORS 166.470 (1)(a) [to (d) or (g)], (b) or (g).
(2) A petition for relief described in
this section must be filed in the circuit court in the petitioner’s county of
residence.
(3) A person may apply once per
calendar year for relief under the provisions of this section.
(4)(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.
(5)(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.
(6) 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.
(7) 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.
[(8)
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.]
[(9)]
(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.
[(10)]
(9) Filing fees shall be as for any civil action filed in the court.
[(11)(a)]
(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.
(11) The court may not grant relief
under this section to a person who:
(a) Has been convicted of a person
felony, as that term is defined in the rules of the Oregon Criminal Justice
Commission, or the statutory counterpart to a person felony in any other
jurisdiction, if the offense involved the use of a firearm or a deadly weapon
as defined in ORS 161.015;
(b) Has been convicted of an offense
listed in ORS 137.700 or the statutory counterpart to an offense listed in ORS
137.700 in any other jurisdiction; or
(c) Is currently serving a felony
sentence as defined in ORS 10.030 or has served a felony sentence in the
one-year period preceding the filing of the petition.
SECTION 4. ORS 166.274, as amended by
sections 19 and 20, chapter 826, Oregon Laws 2009, and section 3, chapter 86,
Oregon Laws 2010, is amended to read:
166.274. (1) Except as provided in
subsection (10) of this section, a person barred from possessing a firearm
under ORS 166.250 (1)(c)(A) or (C) to (E) or 166.270 or barred from
purchasing a firearm under ORS 166.470 (1)(a), (b) or (e) to (g) [to (g)] may file a petition for relief
from the bar in the circuit court in the petitioner’s county of residence.
(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)]
(7) 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)]
(8) Filing fees shall be as for any civil action filed in the court.
[(10)(a)]
(9)(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.
(10) The court may not grant relief
under this section to a person who:
(a) Has been convicted of a person
felony, as that term is defined in the rules of the Oregon Criminal Justice
Commission, or the statutory counterpart to a person felony in any other
jurisdiction, if the offense involved the use of a firearm or a deadly weapon
as defined in ORS 161.015;
(b) Has been convicted of an offense
listed in ORS 137.700 or the statutory counterpart to an offense listed in ORS
137.700 in any other jurisdiction; or
(c) Is currently serving a felony
sentence as defined in ORS 10.030 or has served a felony sentence in the
one-year period preceding the filing of the petition.
SECTION 5. ORS 166.425 is amended to
read:
166.425. (1) A person commits the
crime of unlawfully purchasing a firearm if the person, knowing that the person
is prohibited by state [or federal]
law from owning or possessing the firearm or having the firearm under the
person’s custody or control, purchases or attempts to purchase the firearm.
(2) Unlawfully purchasing a firearm is
a Class A misdemeanor.
SECTION 6. ORS 821.240 is amended to
read:
821.240. (1) A person commits the
offense of operating a snowmobile or an all-terrain vehicle while carrying a
firearm or bow if the person operates any snowmobile or all-terrain vehicle
with a firearm in the possession of the person, unless the firearm is unloaded,
or with a bow, unless all arrows are in a quiver.
(2) Subsection (1) of this section
does not apply to a person who is licensed under ORS 166.291 and 166.292 to
carry a concealed handgun.
(3) As used in this section, “unloaded”
means:
(a) If the firearm is a revolver, that
there is no live cartridge in the chamber that is aligned with the hammer of
the revolver;
(b) If the firearm is a muzzle-loading
firearm, that the firearm is not capped or primed; or
(c) If the firearm is other than a
revolver or a muzzle-loading firearm, that there is no live cartridge in the
chamber.
[(2)]
(4) The offense described in this section, operating a snowmobile or an
all-terrain vehicle while carrying a firearm or bow, is a Class B traffic
violation.
SECTION 7. No later than December 31, 2011, the Department of State Police shall
submit a report to the interim legislative committee related to the judiciary
that describes the State of Oregon’s compliance with the National Instant
Criminal Background Check System Improvement Amendments Act of 2007 (P.L.
110-180). The report must include a description of the rate at which the State
of Oregon is providing the United States Attorney General records relevant to a
determination of whether a person is disqualified from possessing or receiving
a firearm under federal or state law.
SECTION 8. Section 7 of this 2011
Act is repealed on January 2, 2012.
SECTION 9. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
its passage.
Approved by
the Governor August 2, 2011
Filed in the
office of Secretary of State August 2, 2011
Effective date
August 2, 2011
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