73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 1377
 
                         House Bill 2456
 
Sponsored by Representative DALLUM; Representatives ANDERSON,
  BOQUIST, BUTLER, FLORES, HANNA, KITTS, KROPF, KRUMMEL,
  WHISNANT, Senator FERRIOLI (at the request of Walt and Agnes
  Hall)
 
 
                             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.
 
  Grants reciprocity to persons holding concealed handgun
licenses or permits issued by other states.
 
                        A BILL FOR AN ACT
Relating to firearm licenses; amending ORS 166.173, 166.260,
  166.262 and 166.370.
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 is not a resident of this state and has
a valid license or permit that authorizes the person to carry a
concealed handgun and that was issued by a state or local law
enforcement agency, court or other issuing authority of another
state. + }
 
  (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 166.173 is amended to read:
  166.173. (1) A city or county may adopt ordinances to regulate,
restrict or prohibit the possession of loaded firearms in public
places as defined in ORS 161.015.
  (2) Ordinances adopted under subsection (1) of this section do
not apply to or affect:
  (a) A law enforcement officer in the performance of official
duty.
  (b) A member of the military in the performance of official
duty.
  (c) A person licensed to carry a concealed handgun.
   { +  (d) A person who is not a resident of this state and has
a valid license or permit that authorizes the person to carry a
concealed handgun and that was issued by a state or local law
enforcement agency, court or other issuing authority of another
state. + }
    { - (d) - }   { + (e) + } A person authorized to possess a
loaded firearm while in or on a public building or court facility
under ORS 166.370.
  SECTION 3. ORS 166.370 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) A person who is not a resident of this state and has
a valid license or permit that authorizes the person to carry a
concealed firearm and that was issued by a state or local law
enforcement agency, court or other issuing authority of another
state. + }
    { - (f) - }   { + (g) + } 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) - }
 { + (g) + } 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) 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.
  (7) As used in this section, 'dangerous weapon' means a
dangerous weapon as that term is defined in ORS 161.015.
  SECTION 4. ORS 166.370, as amended by section 36, chapter 666,
Oregon Laws 2001, and section 6, chapter 614, Oregon Laws 2003,
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) A person who is not a resident of this state and has
a valid license or permit that authorizes the person to carry a
concealed firearm and that was issued by a state or local law
enforcement agency, court or other issuing authority of another
state. + }
    { - (f) - }   { + (g) + } 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) - }
 { + (g) + } 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 166.279.
  (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 5. ORS 166.262 is amended to read:
  166.262. A peace officer may not arrest or charge a person for
violating ORS 166.250 (1)(a) or (b) or 166.370 (1) if { + : + }
   { +  (1) + } The person has in the person's immediate
possession a valid license to carry a firearm as provided in ORS
166.291 and 166.292 { + ; or
  (2) The person is not a resident of this state and has in the
person's immediate possession a valid license or permit that
authorizes the person to carry a concealed firearm and that was
issued by a state or local law enforcement agency, court or other
issuing authority of another state + }.
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