71st OREGON LEGISLATIVE ASSEMBLY--2001 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 2365
 
                         House Bill 2695
 
Sponsored by Representative BOWMAN; Representatives BARNHART,
  BECK, GARDNER, HILL, HOPSON, KAFOURY, LEONARD, LOWE, NOLAN,
  RINGO, TOMEI, WIRTH, Senators GORDLY, TROW
 
 
                             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 as
introduced.
 
  Creates crime of allowing minor to obtain unsupervised access
to firearm. Punishes by maximum of six months' imprisonment,
$2,000 fine, or both.
 
                        A BILL FOR AN ACT
Relating to firearms.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 166.250 to 166.270. + }
  SECTION 2.  { + (1) A person commits the crime of allowing a
minor to obtain unsupervised access to a firearm if the person
with criminal negligence allows a minor to obtain unsupervised
access to a firearm and the minor, as a result of the access:
  (a) Physically possesses the firearm; or
  (b) Discharges the firearm.
  (2) Allowing a minor to obtain unsupervised access to a firearm
is a Class B misdemeanor.
  (3) Subsection (1) of this section does not apply if:
  (a) The minor obtained access to the firearm as a result of an
unlawful entry; or
  (b) The possession or discharge of the firearm is otherwise
authorized by law.
  (4) It is an affirmative defense to a charge of violating
subsection (1) of this section that the defendant had taken
reasonable precautions under the circumstances to ensure that
minors would not be able to obtain access to the firearm without
supervision. Reasonable precautions include, but are not limited
to:
  (a) Storing the firearm in a place where an unsupervised minor
could not reasonably have been expected to gain access;
  (b) Storing the firearm in a locked container; or
  (c) Installing a lock on the firearm to prevent its normal
function and discharge. + }
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