75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2709
B-Engrossed
Senate Bill 603
Ordered by the House June 2
Including Senate Amendments dated May 7 and House Amendments
dated
June 2
Sponsored by Senator BOQUIST
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Defines 'readily accessible' for purposes of prohibition on
possessing readily accessible, concealed handgun within vehicle.
{ - Allows person who is barred from purchasing firearm
because of conviction of crime of felon in possession of firearm
to petition for relief. - }
{ + Modifies who may petition for relief from bar against
possession of firearms and bar against purchase of firearms. + }
A BILL FOR AN ACT
Relating to firearms; amending ORS 166.250, 166.260, 166.270,
166.274, 166.460 and 166.470.
Be It Enacted by the People of the State of Oregon:
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 storage location that is outside
the passenger compartment of the vehicle, a handgun is not
readily accessible within the meaning of this section if:
(A) The handgun is stored in a closed and locked glove
compartment, center console or other container; and
(B) The key is not inserted into the lock, if the glove
compartment, center console or other container unlocks with a
key. + }
{ - (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 { + (1)(a) to (g) + } 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.
SECTION 5. ORS 166.460 is amended to read:
166.460. (1) ORS 166.250, 166.260, 166.291 to 166.295, 166.410,
166.412, 166.425, 166.434, 166.438 and 166.450 do not apply to
antique firearms.
(2) Notwithstanding the provisions of subsection (1) of this
section, possession of an antique firearm by a person described
in ORS 166.250 (1)(c)(B) { - , (C) or - } { + to + } (D) { +
or (F) + } constitutes a violation of ORS 166.250.
SECTION 6. ORS 166.470 is amended to read:
166.470. (1) Unless relief has been granted under ORS 166.274,
18 U.S.C. 925(c) or the expunction laws of this state or an
equivalent law of another jurisdiction, a person may not
intentionally sell, deliver or otherwise transfer any firearm
when the transferor knows or reasonably should know that the
recipient:
(a) Is under 18 years of age;
(b) Has been convicted of a felony { - or found guilty,
except for insanity under ORS 161.295, of a felony - } ;
(c) Has any outstanding felony warrants for arrest;
(d) Is free on any form of pretrial release for a felony;
(e) Was committed to the Department of Human Services under ORS
426.130;
(f) After January 1, 1990, was found to be mentally ill and
subject to an order under ORS 426.130 that the person be
prohibited from purchasing or possessing a firearm as a result of
that mental illness; { - or - }
(g) Has been convicted of a misdemeanor involving violence or
found guilty { - , - } except for insanity under ORS 161.295
{ - , - } of a misdemeanor involving violence within the
previous four years. As used in this paragraph, 'misdemeanor
involving violence' means a misdemeanor described in ORS 163.160,
163.187, 163.190, 163.195 or 166.155 (1)(b) { + ; or
(h) Has been found guilty except for insanity under ORS 161.295
of a felony + }.
(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.
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