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
 
                         Senate Bill 603
 
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 as
introduced.
 
  Defines 'readily accessible' for purposes of prohibition on
possessing readily accessible, concealed handgun within vehicle.
 
                        A BILL FOR AN ACT
Relating to firearms; creating new provisions; and amending ORS
  166.250.
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.
  (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 reach of the person.
  (b) If a vehicle has no location that is not within the reach
of a person or if the vehicle is a motorcycle, an all-terrain
vehicle or a snowmobile, a handgun is not readily accessible
within the meaning of this section if the handgun is in a locked
container within or affixed to the vehicle. + }
    { - (4) - }  { +  (5) + } Unlawful possession of a firearm is
a Class A misdemeanor.
  SECTION 2.  { + The amendments to ORS 166.250 by section 1 of
this 2009 Act apply to conduct occurring on or after the
effective date of this 2009 Act. + }
                         ----------