72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to SB 59
LC 1189/SB 59-3
HOUSE AMENDMENTS TO
SENATE BILL 59
By COMMITTEE ON JUDICIARY
May 29
On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and insert 'creating new provisions;
amending ORS 166.210, 166.250, 166.282, 166.370, 166.410 and
166.460 and sections 8 and 58, chapter 666, Oregon Laws 2001; and
repealing ORS 166.281.'.
On page 2, after line 17, insert:
' { + SECTION 2. + } { + Section 3 of this 2003 Act is added
to and made a part of sections 1 to 18, chapter 666, Oregon Laws
2001. + }
' { + SECTION 3. + } { + (1) Sections 1 to 18, chapter 666,
Oregon Laws 2001, do not apply to the forfeiture of a firearm or
other deadly weapon that was possessed, used or available for use
to facilitate a criminal offense.
' (2) Except as otherwise provided in subsection (3) of this
section, at the time of sentencing for any criminal offense in
which a firearm or other deadly weapon was possessed, used or
available for use to facilitate the offense, the court shall
declare the weapon to be contraband and order that the weapon be
forfeited.
' (3) If a firearm or other deadly weapon that was possessed,
used or available for use to facilitate a criminal offense was
stolen from its lawful owner and was recovered from a person
other than the lawful owner, the court may not order that the
weapon be forfeited but shall order that the weapon be restored
to the lawful owner as soon as the weapon is no longer needed for
evidentiary purposes.
' (4) Firearms or other deadly weapons forfeited under this
section must be destroyed or released to a law enforcement agency
to be used only as a service weapon or for training,
identification or demonstration purposes.
' (5) As used in this section, 'deadly weapon' has the meaning
given that term in ORS 161.015. + }
' { + SECTION 4. + } { + (1) Except as otherwise provided in
subsection (2) of this section, at the time of sentencing for any
criminal offense in which a firearm or other deadly weapon was
possessed, used or available for use to facilitate the offense,
the court shall declare the weapon to be contraband and order
that the weapon be forfeited.
' (2) If a firearm or other deadly weapon that was possessed,
used or available for use to facilitate a criminal offense was
stolen from its lawful owner and was recovered from a person
other than the lawful owner, the court may not order that the
weapon be forfeited but shall order that the weapon be restored
to the lawful owner as soon as the weapon is no longer needed for
evidentiary purposes.
' (3) Firearms or other deadly weapons forfeited under this
section must be destroyed or released to a law enforcement agency
to be used only as a service weapon or for training,
identification or demonstration purposes.
' (4) As used in this section, 'deadly weapon' has the meaning
given that term in ORS 161.015. + }
' { + SECTION 5. + } ORS 166.282, as amended by section 37,
chapter 666, Oregon Laws 2001, is amended to read:
' 166.282. (1) A political subdivision in this state that sells
a weapon described in subsection (2) of this section shall pay
the proceeds from the sale of the weapon, less the costs of the
sale, to the account of the police agency that received { - or
seized - } the weapon, to be used for purposes of public safety,
law enforcement and crime prevention and detection.
' (2) Subsection (1) of this section applies to a weapon that
is { - : - }
' { - (a) - } donated to the police agency { - ; or - }
' { - (b) Seized by the police agency under ORS 166.281 - } .
' { + SECTION 6. + } ORS 166.370, as amended by section 36,
chapter 666, Oregon Laws 2001, is amended to read:
' 166.370. (1) Any person who intentionally possesses a loaded
or unloaded firearm or any other instrument used as a dangerous
weapon, while in or on a public building, shall upon conviction
be guilty of a Class C felony.
' (2)(a) Except as otherwise provided in paragraph (b) of this
subsection, a person who intentionally possesses:
' (A) A firearm in a court facility is guilty, upon conviction,
of a Class C felony. A person who intentionally possesses a
firearm in a court facility shall surrender the firearm to a law
enforcement officer.
' (B) A weapon, other than a firearm, in a court facility may
be required to surrender the weapon to a law enforcement officer
or to immediately remove it from the court facility. A person who
fails to comply with this subparagraph is guilty, upon
conviction, of a Class C felony.
' (b) The presiding judge of a judicial district may enter an
order permitting the possession of specified weapons in a court
facility.
' (3) Subsection (1) of this section does not apply to:
' (a) A sheriff, police officer, other duly appointed peace
officers or a corrections officer while acting within the scope
of employment.
' (b) A person summoned by a peace officer to assist in making
an arrest or preserving the peace, while the summoned person is
engaged in assisting the officer.
' (c) An active or reserve member of the military forces of
this state or the United States, when engaged in the performance
of duty.
' (d) A person who is licensed under ORS 166.291 and 166.292 to
carry a concealed handgun.
' (e) A person who is authorized by the officer or agency that
controls the public building to possess a firearm or dangerous
weapon in that public building.
' (f) Possession of a firearm on school property if the
firearm:
' (A) Is possessed by a person who is not otherwise prohibited
from possessing the firearm; and
' (B) Is unloaded and locked in a motor vehicle.
' (4) The exceptions listed in subsection (3)(b) to (f) of this
section constitute affirmative defenses to a charge of violating
subsection (1) of this section.
' (5)(a) Any person who knowingly, or with reckless disregard
for the safety of another, discharges or attempts to discharge a
firearm at a place that the person knows is a school shall upon
conviction be guilty of a Class C felony.
' (b) Paragraph (a) of this subsection does not apply to the
discharge of a firearm:
' (A) As part of a program approved by a school in the school
by an individual who is participating in the program; or
' (B) By a law enforcement officer acting in the officer's
official capacity.
' (6) Any weapon carried in violation of this section is
subject to the forfeiture provisions of { - ORS 166.281 - }
{ + section 4 of this 2003 Act + }.
' (7) Notwithstanding the fact that a person's conduct in a
single criminal episode constitutes a violation of both
subsections (1) and (5) of this section, the district attorney
may charge the person with only one of the offenses.
' (8) As used in this section, 'dangerous weapon' means a
dangerous weapon as that term is defined in ORS 161.015.
' { + SECTION 7. + } ORS 166.210, as amended by section 44,
chapter 666, Oregon Laws 2001, is amended to read:
' 166.210. As used in ORS 166.250 to 166.270,
{ - 166.281, - } 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 United States and that is
not readily available in the ordinary channels of commercial
trade.
' (2) '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) 'Firearms silencer' means any device for silencing,
muffling or diminishing the report of a firearm.
' (4) '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) '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) 'Minor' means a person under 18 years of age.
' (7) 'Parole and probation officer' has the meaning given that
term in ORS 181.610.
' (8) '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) '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 8. + } ORS 166.250, as amended by section 45,
chapter 666, Oregon Laws 2001, is amended to read:
' 166.250. (1) Except as otherwise provided in this section or
ORS 166.260, 166.270, 166.274, { - 166.281, - } 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.
' (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) Unlawful possession of a firearm is a Class A
misdemeanor.
' { + SECTION 9. + } ORS 166.410, as amended by section 46,
chapter 666, Oregon Laws 2001, is amended to read:
' 166.410. Any person who manufactures or causes to be
manufactured within this state, or who imports into this state,
or offers, exposes for sale, or sells or transfers a handgun,
short-barreled rifle, short-barreled shotgun, firearms silencer
or machine gun, otherwise than in accordance with ORS 166.250 to
166.270, { - 166.281, - } 166.291, 166.292 and 166.425 to
166.470, shall be guilty of a Class B felony.
' { + SECTION 10. + } ORS 166.460, as amended by section 47,
chapter 666, Oregon Laws 2001, is amended to read:
' 166.460. (1) ORS 166.250, 166.260, { - 166.281, - }
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 (D) constitutes a violation of
ORS 166.250.
' { + SECTION 11. + } { + Section 3 of this 2003 Act applies
to weapons seized on or after the effective date of this 2003
Act. + }
' { + SECTION 12. + } Section 58, chapter 666, Oregon Laws
2001, as amended by section 14d, chapter 926, Oregon Laws 2001,
is amended to read:
' { + Sec. 58. + } (1) Sections 49 to 52 and 54, chapter 666,
Oregon Laws 2001, { + and section 4 of this 2003 Act + } become
operative on July 31, 2005.
' (2) The amendments to ORS 133.643, 137.138, 164.864, 164.866,
166.210, 166.250, 166.282, 166.370, 166.410, 166.460, 166.660 and
475A.155 by sections 21, 23 and 36 to 47, chapter 666, Oregon
Laws 2001, { + and sections 5 to 10 of this 2003 Act + } become
operative on July 31, 2005.
' { + SECTION 13. + } { + ORS 166.281 is repealed. + } ' .
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