74th OREGON LEGISLATIVE ASSEMBLY--2007 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 85
House Bill 2299
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary)
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.
Modifies various provisions dealing with weapons.
A BILL FOR AN ACT
Relating to weapons; creating new provisions; and amending ORS
166.170, 166.370, 166.412 and 339.315.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 - } { + a deadly + } 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 - } { + deadly + } 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 - } { + in + } a place { + , or in the
direction of 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 - } { + 'deadly
weapon' has the meaning given that term + } in ORS 161.015.
SECTION 2. ORS 166.170 is amended to read:
166.170. (1) Except as expressly authorized by state statute,
the authority to regulate in any { - matter - } { +
manner + } whatsoever the sale, acquisition, transfer, ownership,
possession, storage, transportation or use of firearms or any
element relating to firearms and components thereof, including
ammunition, is vested solely in the Legislative Assembly.
(2) Except as expressly authorized by state statute, no county,
city or other municipal corporation or district may enact civil
or criminal ordinances, including but not limited to zoning
ordinances, to regulate, restrict or prohibit the sale,
acquisition, transfer, ownership, possession, storage,
transportation or use of firearms or any element relating to
firearms and components thereof, including ammunition. Ordinances
that are contrary to this subsection are void.
SECTION 3. ORS 166.412 is amended to read:
166.412. (1) As used in this section:
{ - (a) 'Antique firearm' has the meaning given that term in
18 U.S.C. 921; - }
{ - (b) 'Department' means the Department of State
Police; - }
{ - (c) 'Firearm' has the meaning given that term in ORS
166.210, except that it does not include an antique firearm; - }
{ - (d) - } { + (a) + } 'Firearms transaction record' means
the firearms transaction record required by 18 U.S.C. 921 to
929 { + . + } { - ; - }
{ - (e) - } { + (b) + } 'Firearms transaction thumbprint
form' means a form provided by the Department { + of State
Police + } under subsection (12) of this section { + . + }
{ - ; - }
{ - (f) - } { + (c) + } 'Gun dealer' means a person engaged
in the business, as defined in 18 U.S.C. 921, of selling, leasing
or otherwise transferring a firearm, whether the person is a
retail dealer, pawnbroker or otherwise { + . + } { - ; - }
{ - (g) 'Handgun' has the meaning given that term in ORS
166.210; and - }
{ - (h) - } { + (d) + } 'Purchaser' means a person who
buys, leases or otherwise receives a firearm from a gun dealer.
(2) Except as provided in subsections (3)(c) and (13) of this
section, a gun dealer shall comply with the following before a
handgun is delivered to a purchaser:
(a) The purchaser shall present to the dealer current
identification meeting the requirements of subsection (4) of this
section.
(b) The gun dealer shall complete the firearms transaction
record and obtain the signature of the purchaser on the record.
(c) The gun dealer shall obtain the thumbprints of the
purchaser on the firearms transaction thumbprint form and attach
the form to the gun dealer's copy of the firearms transaction
record to be filed with that copy.
(d) The gun dealer shall request by telephone that the
department conduct a criminal history record check on the
purchaser and shall provide the following information to the
department:
(A) The federal firearms license number of the gun dealer;
(B) The business name of the gun dealer;
(C) The place of transfer;
(D) The name of the person making the transfer;
(E) The make, model, caliber and manufacturer's number of the
handgun being transferred;
(F) The name and date of birth of the purchaser;
(G) The Social Security number of the purchaser if the
purchaser voluntarily provides this number to the gun dealer; and
(H) The type, issuer and identification number of the
identification presented by the purchaser.
(e) The gun dealer shall receive a unique approval number for
the transfer from the department and record the approval number
on the firearms transaction record and on the firearms
transaction thumbprint form.
(f) The gun dealer may destroy the firearms transaction
thumbprint form five years after the completion of the firearms
transaction thumbprint form.
(3)(a) Upon receipt of a request of the gun dealer for a
criminal history record check, the department shall immediately,
during the gun dealer's telephone call or by return call:
(A) Determine, from criminal records and other information
available to it, whether the purchaser is disqualified under ORS
166.470 from completing the purchase; and
(B) Notify the dealer when a purchaser is disqualified from
completing the transfer or provide the dealer with a unique
approval number indicating that the purchaser is qualified to
complete the transfer.
(b) If the department is unable to determine if the purchaser
is qualified or disqualified from completing the transfer within
30 minutes, the department shall notify the dealer and provide
the dealer with an estimate of the time when the department will
provide the requested information.
(c) If the department fails to provide a unique approval number
to a gun dealer or to notify the gun dealer that the purchaser is
disqualified under paragraph (a) of this subsection before the
close of the gun dealer's next business day following the request
by the dealer for a criminal history record check, the dealer may
deliver the handgun to the purchaser.
(4)(a) Identification required of the purchaser under
subsection (2) of this section shall include one piece of current
identification bearing a photograph and the date of birth of the
purchaser that:
(A) Is issued under the authority of the United States
Government, a state, a political subdivision of a state, a
foreign government, a political subdivision of a foreign
government, an international governmental organization or an
international quasi-governmental organization; and
(B) Is intended to be used for identification of an individual
or is commonly accepted for the purpose of identification of an
individual.
(b) If the identification presented by the purchaser under
paragraph (a) of this subsection does not include the current
address of the purchaser, the purchaser shall present a second
piece of current identification that contains the current address
of the purchaser. The Superintendent of State Police may specify
by rule the type of identification that may be presented under
this paragraph.
(c) The department may require that the dealer verify the
identification of the purchaser if that identity is in question
by sending the thumbprints of the purchaser to the department.
(5) The department shall establish a telephone number that
shall be operational seven days a week between the hours of 8
a.m. and 10 p.m. for the purpose of responding to inquiries from
dealers for a criminal history record check under this section.
(6) No public employee, official or agency shall be held
criminally or civilly liable for performing the investigations
required by this section provided the employee, official or
agency acts in good faith and without malice.
(7)(a) The department may retain a record of the information
obtained during a request for a criminal records check for no
more than five years.
(b) The record of the information obtained during a request for
a criminal records check by a gun dealer is exempt from
disclosure under public records law.
(8) The Department of Human Services shall provide the
Department of State Police with direct electronic access to
information from the Department of Human Services' database of
information identifying persons meeting the criteria in ORS
166.470 (1)(e) and (f) who were committed or subject to an order
under ORS 426.130. The Department of State Police and the
Department of Human Services shall enter into an agreement
describing the access to information under this subsection.
(9) A law enforcement agency may inspect the records of a gun
dealer relating to transfers of handguns with the consent of a
gun dealer in the course of a reasonable inquiry during a
criminal investigation or under the authority of a properly
authorized subpoena or search warrant.
(10) When a handgun is delivered, it shall be unloaded.
(11) In accordance with applicable provisions of ORS chapter
183, the Superintendent of State Police may adopt rules necessary
for:
(a) The design of the firearms transaction thumbprint form;
(b) The maintenance of a procedure to correct errors in the
criminal records of the Department of State Police;
(c) The provision of a security system to identify dealers who
request a criminal history record check under subsection (2) of
this section; and
(d) The creation and maintenance of a database of the business
hours of gun dealers.
(12) The department shall publish the firearms transaction
thumbprint form and shall furnish the form to gun dealers on
application at cost.
(13) This section does not apply to transactions between
persons licensed as dealers under 18 U.S.C. 923.
SECTION 4. { + ORS 166.412, 166.414, 166.416, 166.418 and
166.421 are added to and made a part of ORS 166.410 to
166.470. + }
SECTION 5. ORS 339.315 is amended to read:
339.315. (1)(a) Any employee of a public school district, an
education service district or a private school who has reasonable
cause to believe that a person, while in a school, is or within
the previous 120 days has been in possession of a firearm or
destructive device in violation of ORS 166.250, 166.370 or
166.382 shall report the person's conduct immediately to a school
administrator, school director, the administrator's or director's
designee or law enforcement agency within the county. A school
administrator, school director or the administrator's or
director's designee, who has reasonable cause to believe that the
person, while in a school, is or within the previous 120 days has
been in possession of a firearm or destructive device in
violation of ORS 166.250, 166.370 or 166.382, shall promptly
report the person's conduct to a law enforcement agency within
the county. If the school administrator, school director or
employee has reasonable cause to believe that a person has been
in possession of a firearm or destructive device as described in
this paragraph more than 120 days previously, the school
administrator, school director or employee may report the
person's conduct to a law enforcement agency within the county.
(b) Anyone participating in the making of a report under
paragraph (a) of this subsection who has reasonable grounds for
making the report is immune from any liability, civil or
criminal, that might otherwise be incurred or imposed with
respect to the making or content of the report. Any participant
has the same immunity with respect to participating in any
judicial proceeding resulting from the report.
(c) Except as required by ORS 135.805 to 135.873 and 419C.270
(5) or (6), the identity of a person participating in good faith
in the making of a report under paragraph (a) of this subsection
who has reasonable grounds for making the report is confidential
and may not be disclosed by law enforcement agencies, the
district attorney or any public or private school administrator,
school director or employee.
(2) When a law enforcement agency receives a report under
subsection (1) of this section, the law enforcement agency shall
promptly conduct an investigation to determine whether there is
probable cause to believe that the person, while in a school, did
possess a firearm or destructive device in violation of ORS
166.250, 166.370 or 166.382.
(3) As used in this section, 'school' means:
(a) A public or private institution of learning providing
instruction at levels kindergarten through grade 12, or their
equivalents, or any part thereof;
(b) The grounds adjacent to the institution; and
(c) Any site or premises that at the time is being used
exclusively for a student program or activity that is sponsored
or sanctioned by the institution, a public school district, an
education service district or a voluntary organization approved
by the State Board of Education under ORS 339.430 and that is
posted as such.
(4) For purposes of subsection (3)(c) of this section, a site
or premises is posted as such when the sponsoring or sanctioning
entity has posted a notice identifying the sponsoring or
sanctioning entity and stating, in substance, that the program or
activity is a school function and that the possession of firearms
or { - dangerous - } { + deadly + } weapons in or on the site
or premises is prohibited under ORS 166.370.
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