72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3360
Senate Bill 868
Sponsored by Senator GEORGE; Senators BEYER, CLARNO, FERRIOLI,
FISHER, HARPER, C STARR, Representative CLOSE
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 affirmative defense to crime of unlawful possession of
firearm for person who meets certain requirements for issuance of
concealed handgun license.
Modifies provisions relating to issuance of concealed handgun
license.
A BILL FOR AN ACT
Relating to firearms; creating new provisions; and amending ORS
166.260, 166.291, 166.293 and 166.295.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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.
{ + (i) A person who, at the time of the offense, meets the
qualifications for a concealed handgun license in ORS 166.291
(1)(a), (b) and (d) to (L). + }
(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) - }
{ + (i) + } of this section constitute affirmative defenses to a
charge of violating ORS 166.250.
SECTION 2. ORS 166.291 is amended to read:
166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
(a)(A) Is a citizen of the United States; or
(B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the Immigration and Naturalization Service the
intent to acquire citizenship status and can present proof of the
written declaration to the sheriff at the time of application for
the license;
(b) Is at least 21 years of age;
(c) Has a principal residence in the county in which the
application is made;
(d) Has no outstanding warrants for arrest;
(e) Is not free on any form of pretrial release;
(f) Demonstrates competence with a handgun by any one of the
following:
(A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
(B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
(C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
(E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
(F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
(G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
(g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
(h) Has not been convicted of a misdemeanor { + involving
violence, as defined in ORS 166.470, + } or found guilty, except
for insanity under ORS 161.295, of { + such + } a misdemeanor
within the four years prior to the application;
(i) Has not been committed to the Department of Human Services
under ORS 426.130;
(j) Has not been found to be mentally ill and is not 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;
(k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470; and
(L) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.732 or 163.738.
(2) A person who has been granted relief under ORS 166.274 or
166.293 or 18 U.S.C. 925(c) or has had the person's record
expunged under the laws of this state or equivalent laws of other
jurisdictions is not subject to the disabilities in subsection
(1)(g) to (k) of this section.
(3) Before the sheriff may issue a license:
(a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. { - The application may include
the social security number of the applicant if the applicant
voluntarily provides this number. - } The application must be
signed by the applicant.
(b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct { - any - } { +
an + } investigation
{ - necessary - } { + solely + } to corroborate { + only + }
the requirements listed under subsection (1) of this section.
{ + (4) A sheriff may not gather or maintain any information
other than that required by this section on applicants for
concealed handgun licenses or on concealed handgun licensees. + }
{ - (4) - } { + (5) + } Application forms for concealed
handgun licenses shall be supplied by the sheriff upon request.
{ + However, an applicant is not required to use a form supplied
by the sheriff. The sheriff shall accept any application that is
legible, is in a reasonable form and contains all of the
information required by this section. + } The forms { + provided
by the sheriff + } shall be uniform throughout the state in
substantially the following form:
_________________________________________________________________
APPLICATION FOR LICENSE TO CARRY CONCEALED HANDGUN
Date_____
I hereby declare as follows:
I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the Immigration and
Naturalization Service my intention to become a citizen and can
present proof of the written declaration to the sheriff at the
time of this application. I am at least 21 years of age. I have
been discharged from the jurisdiction of the juvenile court for
more than four years if, while a minor, I was found to be within
the jurisdiction of the juvenile court for having committed an
act that, if committed by an adult, would constitute a felony or
a misdemeanor involving violence, as defined in ORS 166.470. I
have never been convicted of a felony or found guilty, except for
insanity under ORS 161.295, of a felony in the State of Oregon or
elsewhere. I have not, within the last four years, been convicted
of a misdemeanor { + involving violence, as defined in ORS
166.470, + } or found guilty, except for insanity under ORS
161.295, of { + such + } a misdemeanor. There are no outstanding
warrants for my arrest and I am not free on any form of pretrial
release. I have not been committed to the Department of Human
Services under ORS 426.130, nor have I been found mentally ill
and presently subject to an order prohibiting me from purchasing
or possessing a firearm because of mental illness. If any of the
previous conditions do apply to me, I have been granted relief or
wish to petition for relief from the disability under ORS 166.274
or 166.293 or 18 U.S.C. 925(c) or have had the records expunged.
I am not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.732 or 163.738. I
understand I will be fingerprinted and photographed.
Legal name ________
{ - Age ____ - } Date of birth _____
Place of birth ________
{ - Social Security Number _______ - }
{ - (Disclosure of your social security account number is
voluntary. Solicitation of the number is authorized under ORS
166.291. It will be used only as a means of identification.) - }
Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
The type of identification and the number on the identification
are to be filled in by the sheriff.):
1.________
2.________
Height ___ Weight ___
Hair color ___ Eye color ___
Current address _____
(List residence addresses for the
past three years on the back.)
City ___ County ___ Zip ___
Phone ___
I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
__________
(Signature of Applicant)
{ - Character references. - }
{ - __________________ - }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
Name Address - }
{ -
__________________ - }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
Name Address - }
Approved __ Disapproved __ by __
Competence with handgun demonstrated by ___ (to be filled in by
sheriff) Date ___ Fee Paid ___
License No. ___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ - (5)(a) - } { + (6)(a) + } Fees for concealed handgun
licenses are:
(A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
(B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
(C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
(b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
{ - (6) - } { + (7) + } No civil or criminal liability
shall attach to the sheriff or any authorized representative
engaged in the receipt and review of, or an investigation
connected with, any application for, or in the issuance, denial
or revocation of, any license under ORS 166.291 to 166.295 as a
result of the lawful performance of duties under those sections.
{ - (7) - } { + (8) + } Immediately upon acceptance of an
application for a concealed handgun license, the sheriff shall
enter the applicant's name into the Law Enforcement Data System
indicating that the person is an applicant for a concealed
handgun license or is a license holder.
{ + (9) Except for legal holidays, the sheriff shall accept
applications for concealed handgun licenses Monday through Friday
between the hours of 8:30 a.m. and 5:30 p.m. + }
{ - (8) - } { + (10) + } The county sheriff may waive the
residency requirement in subsection (1)(c) of this section for a
resident of a contiguous state who has a compelling business
interest or other legitimate demonstrated need.
SECTION 3. ORS 166.293 is amended to read:
166.293. (1) If the application for the concealed handgun
license is denied, the sheriff shall set forth in writing the
reasons for the denial. The denial shall be sent to the applicant
by certified mail, restricted delivery, within 45 days after the
application was made. If no decision is issued within 45 days,
the person { + :
(a) Is considered to have been issued a concealed handgun
license until:
(A) The person is issued a concealed handgun license; or
(B) The person's application is denied.
(b) + } May seek review under the procedures in subsection (5)
of this section.
(2) Notwithstanding ORS 166.291 (1), and subject to review as
provided in subsection (5) of this section, a sheriff may deny a
concealed handgun license if the sheriff has reasonable grounds
to believe that the applicant has been or is reasonably likely to
be a danger to self or others, or to the community at large, as a
result of the applicant's mental or psychological state, as
demonstrated by past pattern of behavior or participation in
incidents involving unlawful violence or threats of unlawful
violence.
(3)(a) Any act or condition that would prevent the issuance of
a license under ORS 166.291 to 166.293 is cause for revoking a
concealed handgun license.
(b) A sheriff may revoke a license by serving upon the licensee
a notice of revocation. The notice must contain the grounds for
the revocation and must be served either personally or by
certified mail, restricted delivery. The notice and return of
service shall be included in the file of the licensee. The
revocation is effective upon the licensee's receipt of the
notice.
(4) Any peace officer or corrections officer may seize a
concealed handgun license and return it to the issuing sheriff
when the license is held by a person who has been arrested or
cited for a crime that can or would otherwise disqualify the
person from being issued a concealed handgun license. The issuing
sheriff shall hold the license for 30 days. If the person is not
charged with a crime within the 30 days, the sheriff shall return
the license unless the sheriff revokes the license as provided in
subsection (3) of this section.
(5) A person denied a concealed handgun license or whose
license is revoked or not renewed under ORS 166.291 to 166.295
may petition the circuit court in the petitioner's county of
residence to review the denial, nonrenewal or revocation. The
petition must be filed within 30 days after the receipt of the
notice of denial or revocation.
(6) The judgment affirming or overturning the sheriff's
decision shall be based solely on whether the petitioner meets
the criteria that are used for issuance of the license under ORS
166.291 to 166.293. Whenever the petitioner has been previously
sentenced for a crime under ORS 161.610 or for a crime of
violence for which the person could have received a sentence of
more than 10 years, the court shall only grant relief if the
court finds that relief should be granted in the interest of
justice.
(7) 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.
(8) Petitions filed under this section shall be heard and
disposed of within 15 judicial days of filing or as soon as
practicable thereafter.
(9) Filing fees for actions shall be as for any civil action
filed in the court. If the petitioner prevails, the amount of the
filing fee shall be paid by the respondent to the petitioner and
may be incorporated into the court order.
(10) Initial appeals of petitions shall be heard de novo.
(11) Any party to a judgment under this section may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(12) If the governmental entity files an appeal under this
section and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
SECTION 4. ORS 166.295 is amended to read:
166.295. (1)(a) A concealed handgun license is renewable by
repeating the procedures set out in ORS 166.291 and 166.292,
except for the requirement to submit fingerprints and provide
character references.
(b) An otherwise expired concealed handgun license continues to
be valid for up to 45 days after the licensee applies for renewal
if:
(A) The licensee applies for renewal before the original
license expires;
(B) The licensee has proof of the application for renewal; and
(C) The application for renewal has not been denied.
(2) If a licensee changes residence, the licensee shall report
the change of address and the sheriff shall issue a new license
as a duplication for a change of address. The license shall
expire upon the same date as would the original. { + The sheriff
may not require the licensee to relinquish the license with the
old address until the new license is available. + }
SECTION 5. { + The amendments to ORS 166.291 and 166.293 by
sections 2 and 3 of this 2003 Act apply to persons filing
applications for concealed handgun licenses on or after the
effective date of this 2003 Act. + }
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