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 1093
A-Engrossed
House Bill 2334
Ordered by the House May 2
Including House Amendments dated May 2
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.
Modifies and expands requirements for issuance of concealed
handgun license. Allows certain persons to apply for renewal of
concealed handgun license by mail.
A BILL FOR AN ACT
Relating to firearms; creating new provisions; and amending ORS
166.210, 166.291, 166.293 and 166.295.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 166.210 is amended to read:
166.210. As used in ORS 166.250 to 166.270, 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) 'Corrections officer' has the meaning given that term
in ORS 181.610. + }
{ - (2) - } { + (3) + } '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) - } { + (4) + } 'Firearms silencer' means any
device for silencing, muffling or diminishing the report of a
firearm.
{ - (4) - } { + (5) + } '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) - } { + (6) + } '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) - } { + (7) + } 'Minor' means a person under 18
years of age.
{ + (8) 'Offense' has the meaning given that term in ORS
161.505. + }
{ - (7) - } { + (9) + } 'Parole and probation officer' has
the meaning given that term in ORS 181.610.
{ + (10) 'Peace officer' has the meaning given that term in
ORS 133.005. + }
{ - (8) - } { + (11) + } '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) - } { + (12) + } '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 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 United States Citizenship and Immigration
Services 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 - } { + Is a resident
of + } 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 or found guilty,
except for insanity under ORS 161.295, of 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) Has not been convicted of an offense involving
controlled substances or participated in a court-supervised drug
diversion program, except this disability does not operate to
exclude a person if:
(A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
(B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3); + }
{ - (L) - } { + (m) + } Is not subject to a citation issued
under ORS 163.735 or an order issued under ORS 30.866, 107.700 to
107.735 or 163.738 { + ;
(n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
(o) Is not required to register as a sex offender in any
state + }.
(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) - } { + (L) + } 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 investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession from its central bureau of criminal identification
including, but not limited to, manual or computerized criminal
offender information.
(4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms 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 United States
Citizenship and Immigration Services 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 or found
guilty, except for insanity under ORS 161.295, of a misdemeanor.
{ + Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. + } 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 107.735 or 163.738. { + I have never received a
dishonorable discharge from the Armed Forces of the United
States. I am not required to register as a sex offender in any
state. + } 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) 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) 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) 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.
(8) 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.
{ + (9) For purposes of subsection (1)(c) of this section, a
person is a resident of a county if the person:
(a) Has a current Oregon driver license issued to the person
showing a residence address in the county;
(b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
(c) Has documentation showing that the person currently leases
or owns real property in the county; or
(d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county. + }
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 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
{ - , - } { + or + } as demonstrated by { + the
applicant's + } 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 and 166.292 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 - } { + if + } 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 and 166.292 { + and, if the petitioner
was denied a concealed handgun license, whether the sheriff has
reasonable grounds for denial under subsection (2) of this
section + }. 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
{ + only + } 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. { + A licensee may submit the application
for renewal by mail if the licensee:
(A) Is an active member of the Armed Forces of the United
States, the National Guard of the United States or the Oregon
National Guard; and
(B) Submits with the application proof of the licensee's
military orders and a copy of the licensee's military
identification. + }
(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.
SECTION 5. { + (1) The amendments to ORS 166.291 and 166.293
by sections 2 and 3 of this 2007 Act apply to applications for
concealed handgun licenses filed on or after the effective date
of this 2007 Act.
(2) The amendments to ORS 166.295 by section 4 of this 2007 Act
apply to concealed handgun licenses issued before, on or after
the effective date of this 2007 Act. + }
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