75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1697
House Bill 2330
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Oregon Criminal Defense Lawyers Association)
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.
Applies defense to crime of felon in possession of firearm to
certain other crimes predicated on person's status as felon.
A BILL FOR AN ACT
Relating to felons; creating new provisions; and amending ORS
166.260, 166.270 and 166.470.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 166.270 is amended to read:
166.270. (1) Any person who has been convicted of a felony
under the law of this state or any other state, or who has been
convicted of a felony under the laws of the Government of the
United States, who owns or has in the person's possession or
under the person's custody or control any firearm commits the
crime of felon in possession of a firearm.
(2) Any person who has been convicted of a felony under the law
of this state or any other state, or who has been convicted of a
felony under the laws of the Government of the United States, who
owns or has in the person's possession or under the person's
custody or control any instrument or weapon having a blade that
projects or swings into position by force of a spring or by
centrifugal force or any blackjack, slungshot, sandclub, sandbag,
sap glove or metal knuckles, or who carries a dirk, dagger or
stiletto, commits the crime of felon in possession of a
restricted weapon.
(3) For the purposes of this section, a person 'has been
convicted of a felony' if, at the time of conviction for an
offense, that offense was a felony under the law of the
jurisdiction in which it was committed. Such conviction shall not
be deemed a conviction of a felony if:
(a) The court declared the conviction to be a misdemeanor at
the time of judgment; or
(b) The offense was possession of marijuana and the conviction
was prior to January 1, 1972.
(4) { - Subsection (1) of - } This section does not apply to
any person who has been:
(a) Convicted of only one felony under the law of this state or
any other state, or who has been convicted of only one felony
under the laws of the United States, which felony did not involve
criminal homicide, as defined in ORS 163.005, or the possession
or use of a firearm or a weapon having a blade that projects or
swings into position by force of a spring or by centrifugal
force, and who has been discharged from imprisonment, parole or
probation for said offense for a period of 15 years prior to the
date of alleged violation of subsection (1) of this section; or
(b) Granted relief from the disability under 18 U.S.C. 925(c)
or has had the person's record expunged under the laws of this
state or equivalent laws of another jurisdiction.
(5) Felon in possession of a firearm is a Class C felony.
Felon in possession of a restricted weapon is a Class A
misdemeanor.
SECTION 2. 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.
(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) of this
section constitute affirmative defenses to a charge of violating
ORS 166.250.
{ + (4) ORS 166.250 (1)(c)(C) does not apply to or affect a
person described in ORS 166.270 (4). + }
SECTION 3. ORS 166.470 is amended to read:
166.470. (1) Unless relief has been granted under ORS 166.274,
18 U.S.C. 925(c) or the expunction laws of this state or an
equivalent law of another jurisdiction, a person may not
intentionally sell, deliver or otherwise transfer any firearm
when the transferor knows or reasonably should know that the
recipient:
(a) Is under 18 years of age;
(b) Has been convicted of a felony or found guilty { - , - }
except for insanity under ORS 161.295 { - , - } of a felony;
(c) Has any outstanding felony warrants for arrest;
(d) Is free on any form of pretrial release for a felony;
(e) Was committed to the Department of Human Services under ORS
426.130;
(f) After January 1, 1990, 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; or
(g) Has been convicted of a misdemeanor involving violence or
found guilty { - , - } except for insanity under ORS 161.295
{ - , - } of a misdemeanor involving violence within the
previous four years. As used in this paragraph, 'misdemeanor
involving violence' means a misdemeanor described in ORS 163.160,
163.187, 163.190, 163.195 or 166.155 (1)(b).
(2) A person may not sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
(3) Subsection (1)(a) of this section does not prohibit:
(a) The parent or guardian, or another person with the consent
of the parent or guardian, of a minor from transferring to the
minor a firearm, other than a handgun; or
(b) The temporary transfer of any firearm to a minor for
hunting, target practice or any other lawful purpose.
{ + (4) Subsection (1)(b) of this section does not prohibit a
person from transferring a firearm to a person described in ORS
166.270 (4)(a). + }
{ - (4) - } { + (5) + } Violation of this section is a
Class A misdemeanor.
SECTION 4. { + The amendments to ORS 166.260, 166.270 and
166.470 by sections 1 to 3 of this 2009 Act apply to conduct
occurring on or after the effective date of this 2009 Act. + }
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