75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2853
Sponsored by Representative GALIZIO
CHAPTER ................
AN ACT
Relating to firearms; creating new provisions; and amending ORS
166.250, 166.274, 166.291, 166.412, 166.470, 426.160 and
427.293.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Department of Human Services, the
Psychiatric Security Review Board and the Judicial Department
shall provide the Department of State Police with the minimum
information necessary to identify persons who:
(a) Have been committed by a court to the Department of Human
Services under ORS 426.130, based on a finding that the person is
dangerous to self or others;
(b) Are subject to a court order under ORS 426.130 prohibiting
the person from purchasing or possessing a firearm;
(c) Have been committed by a court to the Department of Human
Services under ORS 427.290, based on a finding that the person is
dangerous to self or others;
(d) Have been found by a court to lack fitness to proceed under
ORS 161.370;
(e) Have been found guilty except for insanity of a crime under
ORS 161.295 to 161.370;
(f) Have been found responsible except for insanity for an act
under ORS 419C.411;
(g) Have been placed under the jurisdiction of the Psychiatric
Security Review Board by a court; or
(h) Have been committed to a state hospital or facility under
ORS 161.327, 161.336 to 161.351 or 419C.529 to 419C.544.
(2) Upon receipt of the information described in this section,
the Department of State Police shall access and maintain the
information and transmit the information to the federal
government as required under federal law.
(3) The Department of Human Services, the Psychiatric Security
Review Board and the Judicial Department shall enter into
agreements with the Department of State Police describing the
access to information provided under this section.
(4) The Department of State Police shall adopt rules:
(a) After consulting with the Department of Human Services, the
Psychiatric Security Review Board and the Judicial Department,
describing the type of information provided to the Department of
State Police under this section; and
(b) Describing the method and manner of maintaining the
information described in this section and transmitting the
information to the federal government.
Enrolled House Bill 2853 (HB 2853-B) Page 1
(5) As used in this section, 'minimum information necessary'
means data elements or nominal information that is necessary or
required under federal law to accurately identify a person
described in this section and includes the person's name, date of
birth, gender and reference information that identifies the
originating agency or court and enables the originating agency or
court to locate an underlying record or file of a person
described in this section. 'Minimum information necessary' does
not include any medical, psychiatric or psychological
information, case histories or files of a person described in
this section or any record or file of an originating agency or
court. + }
SECTION 2. ORS 426.160 is amended to read:
426.160. The judge shall cause to be recorded in the court
records a full account of proceedings had at all hearings and
examinations conducted pursuant to ORS 426.005, 426.060 to
426.170, 426.217, 426.228, 426.255 to 426.292, 426.300 to
426.309, 426.335, 426.385 and 426.395, together with the
judgments and orders of the court and a copy of the orders
issued. The account of the proceedings and transcripts of
testimony if taken thereat shall be delivered to the court clerk
or court administrator who shall cause it to be sealed and
neither the account of the proceedings nor the transcript of
testimony if taken shall be disclosed to any person except:
{ + (1) The court shall, pursuant to rules adopted by the
Department of State Police, transmit the minimum information
necessary, as defined in section 1 of this 2009 Act, to the
Department of State Police bureau of criminal identification for
persons described in section 1 (1)(a) or (b) of this 2009 Act to
enable the department to access and maintain the information and
transmit the information to the federal government as required
under federal law; + }
{ - (1) - } { + (2) + } As provided in ORS 426.070 (5)(c),
426.130 (3) or 426.170;
{ - (2) - } { + (3) + } Upon request of the person subject
to the proceedings, the legal representatives, or the attorney of
the person; or
{ - (3) - } { + (4) + } Pursuant to court order.
SECTION 3. ORS 427.293 is amended to read:
427.293. (1) The court shall cause to be recorded in the court
records:
(a) A full account of all proceedings conducted under ORS
427.235 to 427.290;
(b) Reports submitted to the court under ORS 427.270;
(c) The judgments and orders of the court; and
(d) A copy of the judgments and orders issued.
(2) The account of the proceedings, including any transcript of
testimony, and reports submitted to the court under ORS 427.270
shall be delivered to the court clerk or court administrator who
shall cause them to be sealed. The account of the proceedings,
the reports and any transcript of testimony may not be disclosed
to any person except { - upon - } :
{ + (a) The court shall, pursuant to rules adopted by the
Department of State Police, transmit the minimum information
necessary, as defined in section 1 of this 2009 Act, to the
Department of State Police bureau of criminal identification for
persons described in section 1 (1)(c) of this 2009 Act to enable
the department to maintain the information and transmit the
information to the federal government as required under federal
law; + }
Enrolled House Bill 2853 (HB 2853-B) Page 2
{ - (a) - } { + (b) Upon + } request of the person subject
to the proceedings or the legal representative or attorney of the
person; or
{ - (b) - } { + (c) Pursuant to an + } order of the court.
SECTION 4. 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) 'Firearms transaction record' means the firearms
transaction record required by 18 U.S.C. 921 to 929;
(e) 'Firearms transaction thumbprint form' means a form
provided by the department under subsection { - (12) - }
{ + (11) + } of this section;
(f) '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) '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) - }
{ + (12) + } 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.
Enrolled House Bill 2853 (HB 2853-B) Page 3
(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
Enrolled House Bill 2853 (HB 2853-B) Page 4
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) - } { + (8) + } 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) - } { + (9) + } When a handgun is delivered, it
shall be unloaded.
{ - (11) - } { + (10) + } 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;
(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) - } { + (11) + } The department shall publish the
firearms transaction thumbprint form and shall furnish the form
to gun dealers on application at cost.
{ - (13) - } { + (12) + } This section does not apply to
transactions between persons licensed as dealers under 18 U.S.C.
923.
SECTION 5. { + (1) A person barred from transporting,
shipping, possessing or receiving a firearm may file a petition
with the Psychiatric Security Review Board for relief from the
bar if:
(a) The person is barred from possessing a firearm under ORS
166.250 (1)(c)(D) or (E);
(b) The person is barred from receiving a firearm under:
(A) ORS 166.470 (1)(b) and the bar is the result of the person
having been found guilty except for insanity of a felony; or
(B) ORS 166.470 (1)(e) or (f); or
(c) The person is barred from possessing, receiving, shipping
or transporting a firearm under 18 U.S.C. 922(d)(4) or (g)(4) as
the result of a state mental health determination.
(2) The petitioner shall serve a copy of the petition on:
(a) The Department of Human Services; and
(b) The district attorney in each county in which:
(A) The person was committed by a court to the Department of
Human Services, or adjudicated by a court as mentally ill, under
ORS 426.130;
(B) The person was committed by a court to the Department of
Human Services, or adjudicated by a court as mentally retarded,
under ORS 427.290;
(C) The person was found guilty except for insanity under ORS
161.295;
(D) The person was found responsible except for insanity under
ORS 419C.411; or
(E) The person was found by a court to lack fitness to proceed
under ORS 161.370.
(3) Following receipt of the petition, the board shall conduct
a contested case hearing, make written findings of fact and
Enrolled House Bill 2853 (HB 2853-B) Page 5
conclusions of law on the issues before the board and issue a
final order.
(4) The state and any person or entity described in subsection
(2) of this section may appear and object to and present evidence
relevant to the relief sought by the petitioner.
(5) The board shall grant the relief requested in the petition
if the petitioner demonstrates, based on the petitioner's
reputation, the petitioner's record, the circumstances
surrounding the firearm disability and any other evidence in the
record, that the petitioner will not be likely to act in a manner
that is dangerous to public safety and that granting the relief
would not be contrary to the public interest.
(6) If the board grants the relief requested in the petition,
the board shall provide to the Department of State Police the
minimum information necessary, as defined in section 1 of this
2009 Act, to enable the department to:
(a) Maintain the information and transmit the information to
the federal government as required under federal law; and
(b) Maintain a record of the person's relief from the
disqualification to possess or receive a firearm under ORS
166.250 (1)(c)(D) or (E) or 166.470 (1)(b), (e) or (f).
(7) The petitioner may petition for judicial review of a final
order of the board. The petition shall be filed in the circuit
court of a county described in subsection (2)(b) of this section.
The review shall be conducted de novo and without a jury.
(8) A petitioner may take an appeal from the circuit court to
the Court of Appeals. Review by the Court of Appeals shall be
conducted in accordance with ORS 183.500.
(9) A person may file a petition for relief under this section
no more than once every two years.
(10) The board shall adopt procedural rules to carry out the
provisions of this section.
(11) As used in this section, 'state mental health
determination' means:
(a) A finding by a court that a person lacks fitness to proceed
under ORS 161.370;
(b) A finding that a person is guilty except for insanity of a
crime under ORS 161.295 or responsible except for insanity of an
act under ORS 419C.411 or any determination by the Psychiatric
Security Review Board thereafter;
(c) A commitment by a court to the Department of Human
Services, or an adjudication by a court that a person is mentally
ill, under ORS 426.130; or
(d) A commitment by a court to the Department of Human
Services, or an adjudication by a court that a person is mentally
retarded, under ORS 427.290. + }
SECTION 6. ORS 166.274 is amended to read:
166.274. (1) A person barred from possessing { - a firearm
under ORS 166.250 (1)(c)(A), (B), (D) or (E) or barred from - }
{ + or + } purchasing a firearm { - under ORS 166.470 - }
may file a petition for relief from the bar { - in: - } { +
in accordance with subsection (2) of this section if:
(a) The person is barred from possessing a firearm under ORS
166.250 (1)(c)(A) or (B); or
(b) The person is barred from purchasing a firearm under:
(A) ORS 166.470 (1)(a), (c), (d) or (g); or
(B) ORS 166.470 (1)(b) and the bar is the result of the person
having been convicted of a felony.
(2) A petition for relief described in this section must be
filed in: + }
Enrolled House Bill 2853 (HB 2853-B) Page 6
(a) A justice court in the petitioner's county of residence
that is reasonably accessible to the petitioner; or
(b) If no justice court is reasonably accessible, the circuit
court.
{ - (2) - } { + (3) + } A person may apply once per
calendar year for relief under the provisions of this section.
{ - (3)(a) - } { + (4)(a) + } A person petitioning for
relief under this section shall serve a copy of the petition on:
(A) The city chief of police if the court in which the petition
is filed is located in a city; or
(B) The sheriff of the county in which the court is located.
(b) The copy of the petition shall be served on the chief of
police or sheriff at the same time the petition is filed at the
court.
{ - (4)(a) - } { + (5)(a) + } When a petition is denied,
the judge shall cause that information to be entered into the
Department of State Police computerized criminal history files.
(b) When a petition is granted, the judge shall cause that
information and a fingerprint card of the petitioner to be
entered into the Department of State Police computerized criminal
history files. If, after a petition is granted, the petitioner is
arrested and convicted of a crime that would disqualify the
petitioner from purchasing or possessing a firearm, the
Department of State Police shall notify the court that granted
relief under this section. The court shall review the order
granting relief and determine whether to rescind the order. The
Department of State Police may charge a reasonable fee, under ORS
192.440, for the entry and maintenance of information under this
section.
{ - (5) - } { + (6) + } 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.
{ - (6) - } { + (7) + } If the petitioner seeks relief from
the bar on possessing or purchasing a firearm, relief shall be
granted when the petitioner demonstrates, by clear and convincing
evidence, that the petitioner does not pose a threat to the
safety of the public or the petitioner.
{ - (7) - } { + (8) + } A person barred from possessing or
purchasing a firearm because the person, while a minor, was found
to be within the jurisdiction of the juvenile court for
committing an act which, if committed by an adult, would have
constituted a felony or a misdemeanor involving violence, is not
eligible to petition for relief under this section until more
than four years have passed since the person was discharged from
the jurisdiction of the juvenile court.
{ - (8) - } { + (9) + } Petitions filed under this section
shall be heard and disposed of within 15 judicial days of filing
or as soon as is practicable thereafter, but not more than 30
days thereafter. The judge shall then make findings and
conclusions and issue a judgment based on the findings and
conclusions in accordance with the requirements of law.
{ - (9) - } { + (10) + } Filing fees shall be as for any
civil action filed in the court.
{ - (10)(a) - } { + (11)(a) + } Initial appeals of
petitions shall be heard de novo.
(b) Any party to a judgment under this subsection may appeal to
the Court of Appeals in the same manner as for any other civil
action.
Enrolled House Bill 2853 (HB 2853-B) Page 7
(c) If the governmental entity files an appeal under this
subsection and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
SECTION 7. 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) Is a resident of the county;
(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;
Enrolled House Bill 2853 (HB 2853-B) Page 8
(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;
(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);
(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 section 5 of this 2009 Act + } 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 (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:
_________________________________________________________________
Enrolled House Bill 2853 (HB 2853-B) Page 9
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 section 5 of this
2009 Act + } 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.)
Enrolled House Bill 2853 (HB 2853-B) Page 10
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
Enrolled House Bill 2853 (HB 2853-B) Page 11
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 8. ORS 166.470 is amended to read:
166.470. (1) Unless relief has been granted under ORS 166.274
{ - , - } { + or section 5 of this 2009 Act or + } 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) Violation of this section is a Class A misdemeanor.
SECTION 8a. ORS 166.250 is amended to read:
166.250. (1) Except as otherwise provided in this section or
ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to
166.470 { + or section 5 of this 2009 Act + }, a person commits
the crime of unlawful possession of a firearm if the person
knowingly:
(a) Carries any firearm concealed upon the person;
(b) Possesses a handgun that is concealed and readily
accessible to the person within any vehicle; or
(c) Possesses a firearm and:
(A) Is under 18 years of age;
Enrolled House Bill 2853 (HB 2853-B) Page 12
(B)(i) While a minor, was found to be within the jurisdiction
of the juvenile court for having committed an act which, if
committed by an adult, would constitute a felony or a misdemeanor
involving violence, as defined in ORS 166.470; and
(ii) Was discharged from the jurisdiction of the juvenile court
within four years prior to being charged under this section;
(C) Has been convicted of a felony or found guilty, except for
insanity under ORS 161.295, of a felony;
(D) Was committed to the Department of Human Services under ORS
426.130; or
(E) 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.
(2) This section does not prohibit:
(a) A minor, who is not otherwise prohibited under subsection
(1)(c) of this section, from possessing a firearm:
(A) Other than a handgun, if the firearm was transferred to the
minor by the minor's parent or guardian or by another person with
the consent of the minor's parent or guardian; or
(B) Temporarily for hunting, target practice or any other
lawful purpose; or
(b) Any citizen of the United States over the age of 18 years
who resides in or is temporarily sojourning within this state,
and who is not within the excepted classes prescribed by ORS
166.270 and subsection (1) of this section, from owning,
possessing or keeping within the person's place of residence or
place of business any handgun, and no permit or license to
purchase, own, possess or keep any such firearm at the person's
place of residence or place of business is required of any such
citizen. As used in this subsection, 'residence' includes a
recreational vessel or recreational vehicle while used, for
whatever period of time, as residential quarters.
(3) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
(4) Unlawful possession of a firearm is a Class A misdemeanor.
SECTION 9. ORS 166.274, as amended by section 6 of this 2009
Act, is amended to read:
166.274. (1) A person barred from possessing { + a firearm
under ORS 166.250 (1)(c)(A), (B), (D) or (E) + } or { + barred
from + } purchasing a firearm { + under ORS 166.470 + }may file
a petition for relief from the bar in { + : + } { - accordance
with subsection (2) of this section if: - }
{ - (a) The person is barred from possessing a firearm under
ORS 166.250 (1)(c)(A) or (B); or - }
{ - (b) The person is barred from purchasing a firearm
under: - }
{ - (A) ORS 166.470 (1)(a), (c), (d) or (g); or - }
{ - (B) ORS 166.470 (1)(b) and the bar is the result of the
person having been convicted of a felony. - }
{ - (2) A petition for relief described in this section must
be filed in: - }
(a) A justice court in the petitioner's county of residence
that is reasonably accessible to the petitioner; or
(b) If no justice court is reasonably accessible, the circuit
court.
{ - (3) - } { + (2) + } A person may apply once per
calendar year for relief under the provisions of this section.
{ - (4)(a) - } { + (3)(a) + } A person petitioning for
relief under this section shall serve a copy of the petition on:
Enrolled House Bill 2853 (HB 2853-B) Page 13
(A) The city chief of police if the court in which the petition
is filed is located in a city; or
(B) The sheriff of the county in which the court is located.
(b) The copy of the petition shall be served on the chief of
police or sheriff at the same time the petition is filed at the
court.
{ - (5)(a) - } { + (4)(a) + } When a petition is denied,
the judge shall cause that information to be entered into the
Department of State Police computerized criminal history files.
(b) When a petition is granted, the judge shall cause that
information and a fingerprint card of the petitioner to be
entered into the Department of State Police computerized criminal
history files. If, after a petition is granted, the petitioner is
arrested and convicted of a crime that would disqualify the
petitioner from purchasing or possessing a firearm, the
Department of State Police shall notify the court that granted
relief under this section. The court shall review the order
granting relief and determine whether to rescind the order. The
Department of State Police may charge a reasonable fee, under ORS
192.440, for the entry and maintenance of information under this
section.
{ - (6) - } { + (5) + } 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.
{ - (7) - } { + (6) + } If the petitioner seeks relief from
the bar on possessing or purchasing a firearm, relief shall be
granted when the petitioner demonstrates, by clear and convincing
evidence, that the petitioner does not pose a threat to the
safety of the public or the petitioner.
{ - (8) - } { + (7) + } A person barred from possessing or
purchasing a firearm because the person, while a minor, was found
to be within the jurisdiction of the juvenile court for
committing an act which, if committed by an adult, would have
constituted a felony or a misdemeanor involving violence, is not
eligible to petition for relief under this section until more
than four years have passed since the person was discharged from
the jurisdiction of the juvenile court.
{ - (9) - } { + (8) + } Petitions filed under this section
shall be heard and disposed of within 15 judicial days of filing
or as soon as is practicable thereafter, but not more than 30
days thereafter. The judge shall then make findings and
conclusions and issue a judgment based on the findings and
conclusions in accordance with the requirements of law.
{ - (10) - } { + (9) + } Filing fees shall be as for any
civil action filed in the court.
{ - (11)(a) - } { + (10)(a) + } Initial appeals of
petitions shall be heard de novo.
(b) Any party to a judgment under this subsection may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(c) If the governmental entity files an appeal under this
subsection and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
SECTION 10. ORS 166.291, as amended by section 7 of this 2009
Act, 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
Enrolled House Bill 2853 (HB 2853-B) Page 14
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) Is a resident of the county;
(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;
Enrolled House Bill 2853 (HB 2853-B) Page 15
(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);
(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 section 5 of this 2009 Act - } 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 (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
Enrolled House Bill 2853 (HB 2853-B) Page 16
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 section 5 of
this 2009 Act - } 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 ___
Enrolled House Bill 2853 (HB 2853-B) Page 17
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:
Enrolled House Bill 2853 (HB 2853-B) Page 18
(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 11. ORS 166.470, as amended by section 8 of this 2009
Act, is amended to read:
166.470. (1) Unless relief has been granted under ORS 166.274
or { - section 5 of this 2009 Act or - } 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) Violation of this section is a Class A misdemeanor.
SECTION 11a. ORS 166.250, as amended by section 8a of this 2009
Act, is amended to read:
166.250. (1) Except as otherwise provided in this section or
ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to
166.470 { - or section 5 of this 2009 Act - } , a person
commits the crime of unlawful possession of a firearm if the
person knowingly:
(a) Carries any firearm concealed upon the person;
(b) Possesses a handgun that is concealed and readily
accessible to the person within any vehicle; or
(c) Possesses a firearm and:
(A) Is under 18 years of age;
(B)(i) While a minor, was found to be within the jurisdiction
of the juvenile court for having committed an act which, if
Enrolled House Bill 2853 (HB 2853-B) Page 19
committed by an adult, would constitute a felony or a misdemeanor
involving violence, as defined in ORS 166.470; and
(ii) Was discharged from the jurisdiction of the juvenile court
within four years prior to being charged under this section;
(C) Has been convicted of a felony or found guilty, except for
insanity under ORS 161.295, of a felony;
(D) Was committed to the Department of Human Services under ORS
426.130; or
(E) 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.
(2) This section does not prohibit:
(a) A minor, who is not otherwise prohibited under subsection
(1)(c) of this section, from possessing a firearm:
(A) Other than a handgun, if the firearm was transferred to the
minor by the minor's parent or guardian or by another person with
the consent of the minor's parent or guardian; or
(B) Temporarily for hunting, target practice or any other
lawful purpose; or
(b) Any citizen of the United States over the age of 18 years
who resides in or is temporarily sojourning within this state,
and who is not within the excepted classes prescribed by ORS
166.270 and subsection (1) of this section, from owning,
possessing or keeping within the person's place of residence or
place of business any handgun, and no permit or license to
purchase, own, possess or keep any such firearm at the person's
place of residence or place of business is required of any such
citizen. As used in this subsection, 'residence' includes a
recreational vessel or recreational vehicle while used, for
whatever period of time, as residential quarters.
(3) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
(4) Unlawful possession of a firearm is a Class A misdemeanor.
SECTION 12. { + (1) Section 1 of this 2009 Act applies to
records and information in the possession of the Department of
Human Services, the Psychiatric Security Review Board or the
Judicial Department on or after the effective date of this 2009
Act, irrespective of when the record or information was created.
(2)(a) When the Department of Human Services determines that
the department has received a sufficient legislative
appropriation or federal funding to carry out the provisions of
section 1 of this 2009 Act, the department shall adopt a rule so
indicating. The department shall notify Legislative Counsel when
the rule is adopted.
(b) When the Chief Justice of the Supreme Court determines that
the Judicial Department has received a sufficient legislative
appropriation or federal funding to carry out the provisions of
section 1 of this 2009 Act, the Chief Justice shall issue an
order so indicating. The Chief Justice shall notify Legislative
Counsel when the order is issued.
(c) When the Psychiatric Security Review Board determines that
the board has received a sufficient legislative appropriation or
federal funding to carry out the provisions of section 1 of this
2009 Act, the board shall adopt a rule so indicating. The board
shall notify Legislative Counsel when the rule is adopted.
(3)(a)(A) The Department of Human Services may not comply with
section 1 of this 2009 Act or the amendments to ORS 166.412 by
section 4 of this 2009 Act until the department adopts the rule
described in subsection (2)(a) of this section; and
Enrolled House Bill 2853 (HB 2853-B) Page 20
(B) If the Department of Human Services adopts the rule
described in subsection (2)(a) of this section before January 2,
2012, the department may not comply with section 1 of this 2009
Act or the amendments to ORS 166.412 by section 4 of this 2009
Act until the later of:
(i) The date the Psychiatric Security Review Board adopts the
rule described in section 13 of this 2009 Act; or
(ii) January 2, 2012.
(b)(A) The Judicial Department may not comply with section 1 of
this 2009 Act until the Chief Justice issues the order described
in subsection (2)(b) of this section; and
(B) If the Chief Justice issues the order described in
subsection (2)(b) of this section before January 2, 2012, the
Judicial Department may not comply with section 1 of this 2009
Act until the later of:
(i) The date the Psychiatric Security Review Board adopts the
rule described in section 13 of this 2009 Act; or
(ii) January 2, 2012.
(c)(A) The Psychiatric Security Review Board may not comply
with section 1 of this 2009 Act until the board adopts the rule
described in subsection (2)(c) of this section; and
(B) If the board adopts the rule described in subsection (2)(c)
of this section before January 2, 2012, the board may not comply
with section 1 of this 2009 Act until the later of:
(i) The date the board adopts the rule described in section 13
of this 2009 Act; or
(ii) January 2, 2012.
(4)(a) When the Chief Justice of the Supreme Court determines
that the Judicial Department has received a sufficient
legislative appropriation or federal funding to carry out the
provisions of the amendments to ORS 426.160 and 427.293 by
sections 2 and 3 of this 2009 Act, the Chief Justice shall issue
an order so indicating. The Chief Justice shall notify
Legislative Counsel when the order is issued.
(b)(A) Except as provided in subparagraph (B) of this
paragraph, the amendments to ORS 426.160 and 427.293 by sections
2 and 3 of this 2009 Act become operative on the date the Chief
Justice issues the order described in paragraph (a) of this
subsection.
(B) If the Chief Justice issues the order described in
paragraph (a) of this subsection before January 2, 2012, the
amendments to ORS 426.160 and 427.293 by sections 2 and 3 of this
2009 Act become operative on the later of:
(i) The date the Psychiatric Security Review Board adopts the
rule described in section 13 of this 2009 Act; or
(ii) January 2, 2012. + }
SECTION 13. { + (1) When the Psychiatric Security Review Board
determines that the board has received a sufficient legislative
appropriation or federal funding to carry out the provisions of
section 5 of this 2009 Act, the board shall adopt a rule so
indicating. The board shall notify Legislative Counsel upon
adoption of the rule.
(2) Section 5 of this 2009 Act and the amendments to ORS
166.250, 166.274, 166.291 and 166.470 by sections 6 to 8a of this
2009 Act become operative on the date the rule described in
subsection (1) of this section is adopted. + }
SECTION 14. { + (1) Sections 5 and 13 of this 2009 Act are
repealed on January 2, 2012.
Enrolled House Bill 2853 (HB 2853-B) Page 21
(2) The amendments to ORS 166.250, 166.274, 166.291 and 166.470
by sections 9 to 11a of this 2009 Act become operative on January
2, 2012. + }
SECTION 15. { + (1) The repeal of section 5 of this 2009 Act
by section 14 of this 2009 Act does not affect any petition for
relief filed pursuant to section 5 of this 2009 Act with the
Psychiatric Security Review Board before January 2, 2012. Any
proceeding commenced under section 5 of this 2009 Act before
January 2, 2012, shall continue to be governed by the provisions
of section 5 of this 2009 Act.
(2) Nothing in the repeal of section 5 of this 2009 Act by
section 14 of this 2009 Act or the amendments to ORS 166.250,
166.274, 166.291 and 166.470 by sections 9 to 11a of this 2009
Act affects the relief granted to a person under section 5 of
this 2009 Act. + }
SECTION 16. If House Bill 2009 becomes law, section 1 of this
2009 Act is amended to read:
{ + Sec. 1. + } (1) The Department of Human Services,
{ + the Oregon Health Authority, + } the Psychiatric Security
Review Board and the Judicial Department shall provide the
Department of State Police with the minimum information necessary
to identify persons who:
(a) Have been committed by a court to the { - Department of
Human Services - } { + Oregon Health Authority + } under ORS
426.130, based on a finding that the person is dangerous to self
or others;
(b) Are subject to a court order under ORS 426.130 prohibiting
the person from purchasing or possessing a firearm;
(c) Have been committed by a court to the Department of Human
Services under ORS 427.290, based on a finding that the person is
dangerous to self or others;
(d) Have been found by a court to lack fitness to proceed under
ORS 161.370;
(e) Have been found guilty except for insanity of a crime under
ORS 161.295 to 161.370;
(f) Have been found responsible except for insanity for an act
under ORS 419C.411;
(g) Have been placed under the jurisdiction of the Psychiatric
Security Review Board by a court; or
(h) Have been committed to a state hospital or facility under
ORS 161.327, 161.336 to 161.351 or 419C.529 to 419C.544.
(2) Upon receipt of the information described in this section,
the Department of State Police shall access and maintain the
information and transmit the information to the federal
government as required under federal law.
(3) The Department of Human Services, { + the Oregon Health
Authority, + } the Psychiatric Security Review Board and the
Judicial Department shall enter into agreements with the
Department of State Police describing the access to information
provided under this section.
(4) The Department of State Police shall adopt rules:
(a) After consulting with the Department of Human Services,
{ + the Oregon Health Authority, + } the Psychiatric Security
Review Board and the Judicial Department, describing the type of
information provided to the Department of State Police under this
section; and
(b) Describing the method and manner of maintaining the
information described in this section and transmitting the
information to the federal government.
Enrolled House Bill 2853 (HB 2853-B) Page 22
(5) As used in this section, 'minimum information necessary'
means data elements or nominal information that is necessary or
required under federal law to accurately identify a person
described in this section and includes the person's name, date of
birth, gender and reference information that identifies the
originating agency or court and enables the originating agency or
court to locate an underlying record or file of a person
described in this section. 'Minimum information necessary' does
not include any medical, psychiatric or psychological
information, case histories or files of a person described in
this section or any record or file of an originating agency or
court.
SECTION 17. { + If House Bill 2009 becomes law, section 4 of
this 2009 Act (amending ORS 166.412) is repealed and ORS 166.412,
as amended by section 114, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), 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) 'Firearms transaction record' means the firearms
transaction record required by 18 U.S.C. 921 to 929;
(e) 'Firearms transaction thumbprint form' means a form
provided by the department under subsection { - (12) - }
{ + (11) + } of this section;
(f) '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) '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) - }
{ + (12) + } 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
Enrolled House Bill 2853 (HB 2853-B) Page 23
(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.
Enrolled House Bill 2853 (HB 2853-B) Page 24
(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 Oregon Health Authority shall provide the
Department of State Police with direct electronic access to
information from the authority's 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 and the authority shall enter into an
agreement describing the access to information under this
subsection. - }
{ - (9) - } { + (8) + } 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) - } { + (9) + } When a handgun is delivered, it
shall be unloaded.
{ - (11) - } { + (10) + } 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;
(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) - } { + (11) + } The department shall publish the
firearms transaction thumbprint form and shall furnish the form
to gun dealers on application at cost.
{ - (13) - } { + (12) + } This section does not apply to
transactions between persons licensed as dealers under 18 U.S.C.
923.
SECTION 18. If House Bill 2009 becomes law, section 5 of this
2009 Act is amended to read:
{ + Sec. 5. + } (1) A person barred from transporting,
shipping, possessing or receiving a firearm may file a petition
with the Psychiatric Security Review Board for relief from the
bar if:
(a) The person is barred from possessing a firearm under ORS
166.250 (1)(c)(D) or (E);
(b) The person is barred from receiving a firearm under:
(A) ORS 166.470 (1)(b) and the bar is the result of the person
having been found guilty except for insanity of a felony; or
(B) ORS 166.470 (1)(e) or (f); or
(c) The person is barred from possessing, receiving, shipping
or transporting a firearm under 18 U.S.C. 922(d)(4) or (g)(4) as
the result of a state mental health determination.
(2) The petitioner shall serve a copy of the petition on:
(a) The Department of Human Services { + and the Oregon Health
Authority + }; and
(b) The district attorney in each county in which:
(A) The person was committed by a court to the { - Department
of Human Services - } { + Oregon Health Authority + }, or
adjudicated by a court as mentally ill, under ORS 426.130;
Enrolled House Bill 2853 (HB 2853-B) Page 25
(B) The person was committed by a court to the Department of
Human Services, or adjudicated by a court as mentally retarded,
under ORS 427.290;
(C) The person was found guilty except for insanity under ORS
161.295;
(D) The person was found responsible except for insanity under
ORS 419C.411; or
(E) The person was found by a court to lack fitness to proceed
under ORS 161.370.
(3) Following receipt of the petition, the board shall conduct
a contested case hearing, make written findings of fact and
conclusions of law on the issues before the board and issue a
final order.
(4) The state and any person or entity described in subsection
(2) of this section may appear and object to and present evidence
relevant to the relief sought by the petitioner.
(5) The board shall grant the relief requested in the petition
if the petitioner demonstrates, based on the petitioner's
reputation, the petitioner's record, the circumstances
surrounding the firearm disability and any other evidence in the
record, that the petitioner will not be likely to act in a manner
that is dangerous to public safety and that granting the relief
would not be contrary to the public interest.
(6) If the board grants the relief requested in the petition,
the board shall provide to the Department of State Police the
minimum information necessary, as defined in section 1 of this
2009 Act, to enable the department to:
(a) Maintain the information and transmit the information to
the federal government as required under federal law; and
(b) Maintain a record of the person's relief from the
disqualification to possess or receive a firearm under ORS
166.250 (1)(c)(D) or (E) or 166.470 (1)(b), (e) or (f).
(7) The petitioner may petition for judicial review of a final
order of the board. The petition shall be filed in the circuit
court of a county described in subsection (2)(b) of this section.
The review shall be conducted de novo and without a jury.
(8) A petitioner may take an appeal from the circuit court to
the Court of Appeals. Review by the Court of Appeals shall be
conducted in accordance with ORS 183.500.
(9) A person may file a petition for relief under this section
no more than once every two years.
(10) The board shall adopt procedural rules to carry out the
provisions of this section.
(11) As used in this section, 'state mental health
determination' means:
(a) A finding by a court that a person lacks fitness to proceed
under ORS 161.370;
(b) A finding that a person is guilty except for insanity of a
crime under ORS 161.295 or responsible except for insanity of an
act under ORS 419C.411 or any determination by the Psychiatric
Security Review Board thereafter;
(c) A commitment by a court to the { - Department of Human
Services - } { + Oregon Health Authority + }, or an
adjudication by a court that a person is mentally ill, under ORS
426.130; or
(d) A commitment by a court to the Department of Human
Services, or an adjudication by a court that a person is mentally
retarded, under ORS 427.290.
SECTION 18a. If Senate Bill 603 becomes law, section 5 of this
2009 Act is amended to read:
Enrolled House Bill 2853 (HB 2853-B) Page 26
{ + Sec. 5. + } (1) A person barred from transporting,
shipping, possessing or receiving a firearm may file a petition
with the Psychiatric Security Review Board for relief from the
bar if:
(a) The person is barred from possessing a firearm under ORS
166.250 (1)(c)(D) or (E);
(b) The person is barred from receiving a firearm under
{ - : - }
{ - (A) ORS 166.470 (1)(b) and the bar is the result of the
person having been found guilty except for insanity of a felony;
or - }
{ - (B) - } ORS 166.470 (1)(e) or (f); or
(c) The person is barred from possessing, receiving, shipping
or transporting a firearm under 18 U.S.C. 922(d)(4) or (g)(4) as
the result of a state mental health determination.
(2) The petitioner shall serve a copy of the petition on:
(a) The Department of Human Services; and
(b) The district attorney in each county in which:
(A) The person was committed by a court to the Department of
Human Services, or adjudicated by a court as mentally ill, under
ORS 426.130;
(B) The person was committed by a court to the Department of
Human Services, or adjudicated by a court as mentally retarded,
under ORS 427.290;
(C) The person was found guilty except for insanity under ORS
161.295;
(D) The person was found responsible except for insanity under
ORS 419C.411; or
(E) The person was found by a court to lack fitness to proceed
under ORS 161.370.
(3) Following receipt of the petition, the board shall conduct
a contested case hearing, make written findings of fact and
conclusions of law on the issues before the board and issue a
final order.
(4) The state and any person or entity described in subsection
(2) of this section may appear and object to and present evidence
relevant to the relief sought by the petitioner.
(5) The board shall grant the relief requested in the petition
if the petitioner demonstrates, based on the petitioner's
reputation, the petitioner's record, the circumstances
surrounding the firearm disability and any other evidence in the
record, that the petitioner will not be likely to act in a manner
that is dangerous to public safety and that granting the relief
would not be contrary to the public interest.
(6) If the board grants the relief requested in the petition,
the board shall provide to the Department of State Police the
minimum information necessary, as defined in section 1 of this
2009 Act, to enable the department to:
(a) Maintain the information and transmit the information to
the federal government as required under federal law; and
(b) Maintain a record of the person's relief from the
disqualification to possess or receive a firearm under ORS
166.250 (1)(c)(D) or (E) or 166.470 { - (1)(b), (e) or (f) - }
{ + (1)(e) or (f) + }.
(7) The petitioner may petition for judicial review of a final
order of the board. The petition shall be filed in the circuit
court of a county described in subsection (2)(b) of this section.
The review shall be conducted de novo and without a jury.
Enrolled House Bill 2853 (HB 2853-B) Page 27
(8) A petitioner may take an appeal from the circuit court to
the Court of Appeals. Review by the Court of Appeals shall be
conducted in accordance with ORS 183.500.
(9) A person may file a petition for relief under this section
no more than once every two years.
(10) The board shall adopt procedural rules to carry out the
provisions of this section.
(11) As used in this section, 'state mental health
determination' means:
(a) A finding by a court that a person lacks fitness to proceed
under ORS 161.370;
(b) A finding that a person is guilty except for insanity of a
crime under ORS 161.295 or responsible except for insanity of an
act under ORS 419C.411 or any determination by the Psychiatric
Security Review Board thereafter;
(c) A commitment by a court to the Department of Human
Services, or an adjudication by a court that a person is mentally
ill, under ORS 426.130; or
(d) A commitment by a court to the Department of Human
Services, or an adjudication by a court that a person is mentally
retarded, under ORS 427.290.
SECTION 19. { + If Senate Bill 603 becomes law, section 6 of
this 2009 Act (amending ORS 166.274) is repealed and ORS 166.274,
as amended by section 2, chapter ___, Oregon Laws 2009 (Enrolled
Senate Bill 603), is amended to read: + }
166.274. (1) A person barred from possessing { - a firearm
under ORS 166.250 (1)(c)(A) to (E) or 166.270 or barred from - }
{ + or + } purchasing a firearm { - under ORS 166.470 (1)(a)
to (g) - } may file a petition for relief from the bar
{ - in: - } { + in accordance with subsection (2) of this
section if:
(a) The person is barred from possessing a firearm under ORS
166.250 (1)(c)(A) to (C) or 166.270; or
(b) The person is barred from purchasing a firearm under ORS
166.470 (1)(a) to (d) or (g).
(2) A petition for relief described in this section must be
filed in: + }
(a) A justice court in the petitioner's county of residence
that is reasonably accessible to the petitioner; or
(b) If no justice court is reasonably accessible, the circuit
court.
{ - (2) - } { + (3) + } A person may apply once per
calendar year for relief under the provisions of this section.
{ - (3)(a) - } { + (4)(a) + } A person petitioning for
relief under this section shall serve a copy of the petition on:
(A) The city chief of police if the court in which the petition
is filed is located in a city; or
(B) The sheriff of the county in which the court is located.
(b) The copy of the petition shall be served on the chief of
police or sheriff at the same time the petition is filed at the
court.
{ - (4)(a) - } { + (5)(a) + } When a petition is denied,
the judge shall cause that information to be entered into the
Department of State Police computerized criminal history files.
(b) When a petition is granted, the judge shall cause that
information and a fingerprint card of the petitioner to be
entered into the Department of State Police computerized criminal
history files. If, after a petition is granted, the petitioner is
arrested and convicted of a crime that would disqualify the
petitioner from purchasing or possessing a firearm, the
Enrolled House Bill 2853 (HB 2853-B) Page 28
Department of State Police shall notify the court that granted
relief under this section. The court shall review the order
granting relief and determine whether to rescind the order. The
Department of State Police may charge a reasonable fee, under ORS
192.440, for the entry and maintenance of information under this
section.
{ - (5) - } { + (6) + } 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.
{ - (6) - } { + (7) + } If the petitioner seeks relief from
the bar on possessing or purchasing a firearm, relief shall be
granted when the petitioner demonstrates, by clear and convincing
evidence, that the petitioner does not pose a threat to the
safety of the public or the petitioner.
{ - (7) - } { + (8) + } A person barred from possessing or
purchasing a firearm because the person, while a minor, was found
to be within the jurisdiction of the juvenile court for
committing an act which, if committed by an adult, would have
constituted a felony or a misdemeanor involving violence, is not
eligible to petition for relief under this section until more
than four years have passed since the person was discharged from
the jurisdiction of the juvenile court.
{ - (8) - } { + (9) + } Petitions filed under this section
shall be heard and disposed of within 15 judicial days of filing
or as soon as is practicable thereafter, but not more than 30
days thereafter. The judge shall then make findings and
conclusions and issue a judgment based on the findings and
conclusions in accordance with the requirements of law.
{ - (9) - } { + (10) + } Filing fees shall be as for any
civil action filed in the court.
{ - (10)(a) - } { + (11)(a) + } Initial appeals of
petitions shall be heard de novo.
(b) Any party to a judgment under this subsection may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(c) If the governmental entity files an appeal under this
subsection and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
SECTION 20. { + If Senate Bill 603 becomes law, section 9 of
this 2009 Act (amending ORS 166.274) is repealed and ORS 166.274,
as amended by section 2, chapter ___, Oregon Laws 2009 (Enrolled
Senate Bill 603), and section 19 of this 2009 Act, is amended to
read: + }
166.274. (1) A person barred from possessing { + a firearm
under ORS 166.250 (1)(c)(A) to (E) or 166.270 or barred from + }
{ - or - } purchasing a firearm { + under ORS 166.470 (1)(a) to
(g) + } may file a petition for relief from the bar in
{ - accordance with subsection (2) of this section if - } :
{ - (a) The person is barred from possessing a firearm under
ORS 166.250 (1)(c)(A) to (C) or 166.270; or - }
{ - (b) The person is barred from purchasing a firearm under
ORS 166.470 (1)(a) to (d) or (g). - }
{ - (2) A petition for relief described in this section must
be filed in: - }
(a) A justice court in the petitioner's county of residence
that is reasonably accessible to the petitioner; or
(b) If no justice court is reasonably accessible, the circuit
court.
Enrolled House Bill 2853 (HB 2853-B) Page 29
{ - (3) - } { + (2) + } A person may apply once per
calendar year for relief under the provisions of this section.
{ - (4)(a) - } { + (3)(a) + } A person petitioning for
relief under this section shall serve a copy of the petition on:
(A) The city chief of police if the court in which the petition
is filed is located in a city; or
(B) The sheriff of the county in which the court is located.
(b) The copy of the petition shall be served on the chief of
police or sheriff at the same time the petition is filed at the
court.
{ - (5)(a) - } { + (4)(a) + } When a petition is denied,
the judge shall cause that information to be entered into the
Department of State Police computerized criminal history files.
(b) When a petition is granted, the judge shall cause that
information and a fingerprint card of the petitioner to be
entered into the Department of State Police computerized criminal
history files. If, after a petition is granted, the petitioner is
arrested and convicted of a crime that would disqualify the
petitioner from purchasing or possessing a firearm, the
Department of State Police shall notify the court that granted
relief under this section. The court shall review the order
granting relief and determine whether to rescind the order. The
Department of State Police may charge a reasonable fee, under ORS
192.440, for the entry and maintenance of information under this
section.
{ - (6) - } { + (5) + } 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.
{ - (7) - } { + (6) + } If the petitioner seeks relief from
the bar on possessing or purchasing a firearm, relief shall be
granted when the petitioner demonstrates, by clear and convincing
evidence, that the petitioner does not pose a threat to the
safety of the public or the petitioner.
{ - (8) - } { + (7) + } A person barred from possessing or
purchasing a firearm because the person, while a minor, was found
to be within the jurisdiction of the juvenile court for
committing an act which, if committed by an adult, would have
constituted a felony or a misdemeanor involving violence, is not
eligible to petition for relief under this section until more
than four years have passed since the person was discharged from
the jurisdiction of the juvenile court.
{ - (9) - } { + (8) + } Petitions filed under this section
shall be heard and disposed of within 15 judicial days of filing
or as soon as is practicable thereafter, but not more than 30
days thereafter. The judge shall then make findings and
conclusions and issue a judgment based on the findings and
conclusions in accordance with the requirements of law.
{ - (10) - } { + (9) + } Filing fees shall be as for any
civil action filed in the court.
{ - (11)(a) - } { + (10)(a) + } Initial appeals of
petitions shall be heard de novo.
(b) Any party to a judgment under this subsection may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(c) If the governmental entity files an appeal under this
subsection and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
Enrolled House Bill 2853 (HB 2853-B) Page 30
SECTION 21. If House Bill 2009 becomes law, section 12 of this
2009 Act is amended to read:
{ + Sec. 12. + } (1) Section 1 of this 2009 Act applies to
records and information in the possession of the Department of
Human Services, { + the Oregon Health Authority, + } the
Psychiatric Security Review Board or the Judicial Department on
or after the effective date of this 2009 Act, irrespective of
when the record or information was created.
(2)(a) When the Department of Human Services determines that
the department has received a sufficient legislative
appropriation or federal funding to carry out the provisions of
section 1 of this 2009 Act, the department shall adopt a rule so
indicating. The department shall notify Legislative Counsel when
the rule is adopted.
{ + (b) When the Oregon Health Authority determines that the
authority has received a sufficient legislative appropriation or
federal funding to carry out the provisions of section 1 of this
2009 Act, the authority shall adopt a rule so indicating. The
authority shall notify Legislative Counsel when the rule is
adopted. + }
{ - (b) - } { + (c) + } When the Chief Justice of the
Supreme Court determines that the Judicial Department has
received a sufficient legislative appropriation or federal
funding to carry out the provisions of section 1 of this 2009
Act, the Chief Justice shall issue an order so indicating. The
Chief Justice shall notify Legislative Counsel when the order is
issued.
{ - (c) - } { + (d) + } When the Psychiatric Security
Review Board determines that the board has received a sufficient
legislative appropriation or federal funding to carry out the
provisions of section 1 of this 2009 Act, the board shall adopt a
rule so indicating. The board shall notify Legislative Counsel
when the rule is adopted.
(3)(a)(A) The Department of Human Services may not comply with
section 1 of this 2009 Act { - or the amendments to ORS 166.412
by section 4 of this 2009 Act - } until the department adopts
the rule described in subsection (2)(a) of this section; and
(B) If the Department of Human Services adopts the rule
described in subsection (2)(a) of this section before January 2,
2012, the department may not comply with section 1 of this 2009
Act { - or the amendments to ORS 166.412 by section 4 of this
2009 Act - } until the later of:
(i) The date the Psychiatric Security Review Board adopts the
rule described in section 13 of this 2009 Act; or
(ii) January 2, 2012.
{ + (b)(A) The Oregon Health Authority may not comply with
section 1 of this 2009 Act or the amendments to ORS 166.412 by
section 17 of this 2009 Act until the authority adopts the rule
described in subsection (2)(b) of this section; and
(B) If the Oregon Health Authority adopts the rule described in
subsection (2)(b) of this section before January 2, 2012, the
authority may not comply with section 1 of this 2009 Act or the
amendments to ORS 166.412 by section 17 of this 2009 Act until
the later of:
(i) The date the Psychiatric Security Review Board adopts the
rule described in section 13 of this 2009 Act; or
(ii) January 2, 2012. + }
{ - (b)(A) - } { + (c)(A) + } The Judicial Department may
not comply with section 1 of this 2009 Act until the Chief
Enrolled House Bill 2853 (HB 2853-B) Page 31
Justice issues the order described in subsection { - (2)(b) - }
{ + (2)(c) + } of this section; and
(B) If the Chief Justice issues the order described in
subsection { - (2)(b) - } { + (2)(c) + } of this section
before January 2, 2012, the Judicial Department may not comply
with section 1 of this 2009 Act until the later of:
(i) The date the Psychiatric Security Review Board adopts the
rule described in section 13 of this 2009 Act; or
(ii) January 2, 2012.
{ - (c)(A) - } { + (d)(A) + } The Psychiatric Security
Review Board may not comply with section 1 of this 2009 Act until
the board adopts the rule described in subsection
{ - (2)(c) - } { + (2)(d) + } of this section; and
(B) If the board adopts the rule described in subsection
{ - (2)(c) - } { + (2)(d) + } of this section before January
2, 2012, the board may not comply with section 1 of this 2009 Act
until the later of:
(i) The date the board adopts the rule described in section 13
of this 2009 Act; or
(ii) January 2, 2012.
(4)(a) When the Chief Justice of the Supreme Court determines
that the Judicial Department has received a sufficient
legislative appropriation or federal funding to carry out the
provisions of the amendments to ORS 426.160 and 427.293 by
sections 2 and 3 of this 2009 Act, the Chief Justice shall issue
an order so indicating. The Chief Justice shall notify
Legislative Counsel when the order is issued.
(b)(A) Except as provided in subparagraph (B) of this
paragraph, the amendments to ORS 426.160 and 427.293 by sections
2 and 3 of this 2009 Act become operative on the date the Chief
Justice issues the order described in paragraph (a) of this
subsection.
(B) If the Chief Justice issues the order described in
paragraph (a) of this subsection before January 2, 2012, the
amendments to ORS 426.160 and 427.293 by sections 2 and 3 of this
2009 Act become operative on the later of:
(i) The date the Psychiatric Security Review Board adopts the
rule described in section 13 of this 2009 Act; or
(ii) January 2, 2012.
SECTION 22. If Senate Bill 603 becomes law, section 13 of this
2009 Act is amended to read:
{ + Sec. 13. + } (1) When the Psychiatric Security Review
Board determines that the board has received a sufficient
legislative appropriation or federal funding to carry out the
provisions of section 5 of this 2009 Act, the board shall adopt a
rule so indicating. The board shall notify Legislative Counsel
upon adoption of the rule.
(2) Section 5 of this 2009 Act and the amendments to ORS
166.250, 166.274, 166.291 and 166.470 by sections { - 6 to
8a - } { + 7, 8, 8a and 19 + } of this 2009 Act become
operative on the date the rule described in subsection (1) of
this section is adopted.
SECTION 23. If Senate Bill 603 becomes law, section 14 of this
2009 Act is amended to read:
{ + Sec. 14. + } (1) Sections 5 and 13 of this 2009 Act are
repealed on January 2, 2012.
(2) The amendments to ORS 166.250, 166.274, 166.291 and 166.470
by sections { - 9 to 11a - } { + 10, 11, 11a and 20 + } of
this 2009 Act become operative on January 2, 2012.
Enrolled House Bill 2853 (HB 2853-B) Page 32
SECTION 24. If Senate Bill 603 becomes law, section 15 of this
2009 Act is amended to read:
{ + Sec. 15. + } (1) The repeal of section 5 of this 2009 Act
by section 14 of this 2009 Act does not affect any petition for
relief filed pursuant to section 5 of this 2009 Act with the
Psychiatric Security Review Board before January 2, 2012. Any
proceeding commenced under section 5 of this 2009 Act before
January 2, 2012, shall continue to be governed by the provisions
of section 5 of this 2009 Act.
(2) Nothing in the repeal of section 5 of this 2009 Act by
section 14 of this 2009 Act or the amendments to ORS 166.250,
166.274, 166.291 and 166.470 by sections { - 9 to 11a - } { +
10, 11, 11a and 20 + } of this 2009 Act affects the relief
granted to a person under section 5 of this 2009 Act.
----------
Passed by House June 25, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 29, 2009
...........................................................
President of Senate
Enrolled House Bill 2853 (HB 2853-B) Page 33
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2853 (HB 2853-B) Page 34