75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to SB 603
LC 2709/SB 603-3
SENATE AMENDMENTS TO
SENATE BILL 603
By COMMITTEE ON JUDICIARY
May 7
On page 1 of the printed bill, line 2, delete 'creating new
provisions; and' and after '166.250' insert ', 166.260, 166.270
and 166.274'.
Delete lines 4 through 31 and delete page 2 and insert:
' { + SECTION 1. + } 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, 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
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 { + ;
or
' (F) Has been found guilty except for insanity under ORS
161.295 of a felony + }.
' (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)(a) Except as provided in paragraph (b) of this
subsection, a handgun is readily accessible within the meaning of
this section if the handgun is within the passenger compartment
of the vehicle.
' (b) If a vehicle has no trunk, a handgun is not readily
accessible within the meaning of this section if the handgun is
in a closed and locked container within or affixed to the vehicle
and the key to the container is not inserted into the lock. + }
' { - (4) - } { + (5) + } Unlawful possession of a firearm
is a Class A misdemeanor.
' { + SECTION 2. + } 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 - } { + to + }
(E) { + or 166.270 + } or barred from purchasing a firearm under
ORS 166.470 may file a petition for relief from the bar 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) A person may apply once per calendar year for relief
under the provisions of this section.
' (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.
' (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.
' (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.
' (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.
' (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.
' (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.
' (9) Filing fees shall be as for any civil action filed in the
court.
' (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 3. + } ORS 166.270 is amended to read:
' 166.270. (1) Any person who has been convicted of a felony
under the law of this state or any other state, or who has been
convicted of a felony under the laws of the Government of the
United States, who owns or has in the person's possession or
under the person's custody or control any firearm commits the
crime of felon in possession of a firearm.
' (2) Any person who has been convicted of a felony under the
law of this state or any other state, or who has been convicted
of a felony under the laws of the Government of the United
States, who owns or has in the person's possession or under the
person's custody or control any instrument or weapon having a
blade that projects or swings into position by force of a spring
or by centrifugal force or any blackjack, slungshot, sandclub,
sandbag, sap glove or metal knuckles, or who carries a dirk,
dagger or stiletto, commits the crime of felon in possession of a
restricted weapon.
' (3) For the purposes of this section, a person 'has been
convicted of a felony' if, at the time of conviction for an
offense, that offense was a felony under the law of the
jurisdiction in which it was committed. Such conviction shall not
be deemed a conviction of a felony if:
' (a) The court declared the conviction to be a misdemeanor at
the time of judgment; or
' (b) The offense was possession of marijuana and the
conviction was prior to January 1, 1972.
' (4) Subsection (1) of this section does not apply to any
person who has been:
' (a) Convicted of only one felony under the law of this state
or any other state, or who has been convicted of only one felony
under the laws of the United States, which felony did not involve
criminal homicide, as defined in ORS 163.005, or the possession
or use of a firearm or a weapon having a blade that projects or
swings into position by force of a spring or by centrifugal
force, and who has been discharged from imprisonment, parole or
probation for said offense for a period of 15 years prior to the
date of alleged violation of subsection (1) of this section; or
' (b) Granted relief from the disability under 18 U.S.C.
925(c) { + or ORS 166.274 + } or has had the person's record
expunged under the laws of this state or equivalent laws of
another jurisdiction.
' (5) Felon in possession of a firearm is a Class C felony.
Felon in possession of a restricted weapon is a Class A
misdemeanor.
' { + SECTION 4. + } ORS 166.260 is amended to read:
' 166.260. (1) ORS 166.250 does not apply to or affect:
' (a) Sheriffs, constables, marshals, police officers, whether
active or honorably retired, parole and probation officers or
other duly appointed peace officers.
' (b) Any person summoned by any such officer to assist in
making arrests or preserving the peace, while said person so
summoned is actually engaged in assisting the officer.
' (c) The possession or transportation by any merchant of
unloaded firearms as merchandise.
' (d) Active or reserve members of the Army, Navy, Air Force,
Coast Guard or Marine Corps of the United States, or of the
National Guard, when on duty.
' (e) Organizations which are by law authorized to purchase or
receive weapons described in ORS 166.250 from the United States,
or from this state.
' (f) Duly authorized military or civil organizations while
parading, or the members thereof when going to and from the
places of meeting of their organization.
' (g) A corrections officer while transporting or accompanying
an individual convicted of or arrested for an offense and
confined in a place of incarceration or detention while outside
the confines of the place of incarceration or detention.
' (h) A person who is licensed under ORS 166.291 and 166.292 to
carry a concealed handgun.
' { + (2) It is an affirmative defense to a charge of
violating ORS 166.250 (1)(c)(C) that the person has been granted
relief from the disability under ORS 166.274. + }
' { - (2) - } { + (3) + } Except for persons who are
otherwise prohibited from possessing a firearm under ORS 166.250
(1)(c) or 166.270, ORS 166.250 does not apply to or affect:
' (a) Members of any club or organization, for the purpose of
practicing shooting at targets upon the established target
ranges, whether public or private, while such members are using
any of the firearms referred to in ORS 166.250 upon such target
ranges, or while going to and from such ranges.
' (b) Licensed hunters or fishermen while engaged in hunting or
fishing, or while going to or returning from a hunting or fishing
expedition.
' { - (3) - } { + (4) + } The exceptions listed in
subsection (1)(b) to (h) of this section constitute affirmative
defenses to a charge of violating ORS 166.250.'.
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