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 3853
 
                         House Bill 3460
 
Sponsored by Representative KRIEGER; Representatives ACKERMAN,
  KROPF, LEONARD, MARCH, MERKLEY, MORRISETTE, STARR, WITT,
  ZAUNER, Senator MINNIS (at the request of Jesse Cornett)
 
 
                             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.
 
  Expands authority of reserve officers.
 
                        A BILL FOR AN ACT
Relating to reserve officers; amending ORS 133.005 and 166.260.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 133.005 is amended to read:
  133.005. As used in ORS 131.655 and 133.005 to 133.381 and
133.410 to 133.450, unless the context requires otherwise:
  (1) 'Arrest' means to place a person under actual or
constructive restraint or to take a person into custody for the
purpose of charging that person with an offense. A 'stop' as
authorized under ORS 131.605 to 131.625 is not an arrest.
  (2) 'Federal officer' means a special agent or law enforcement
officer employed by a federal agency and who is empowered to
effect an arrest with or without a warrant for violations of the
United States Code and who is authorized to carry firearms in the
performance of duty.
  (3) 'Peace officer' means a member of the Oregon State Police
or a sheriff,  { + reserve officer, + } constable, marshal,
municipal police officer, investigator of a district attorney's
office if the investigator is or has been certified as a peace
officer in this or any other state, or an investigator of the
Criminal Justice Division of the Department of Justice of the
State of Oregon.
  SECTION 2. ORS 166.260 is amended to read:
  166.260. (1) ORS 166.250 does not apply to or affect:
  (a) Sheriffs,  { + reserve officers, + } 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) 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) The exceptions listed in subsection (1)(b) to (h) of this
section constitute affirmative defenses to a charge of violating
ORS 166.250.
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