76th OREGON LEGISLATIVE ASSEMBLY--2012 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 7
Senate Bill 1574
Sponsored by Senator PROZANSKI (Presession filed.)
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.
Directs Department of State Police to identify states that
recognize Oregon concealed handgun licenses and that impose
eligibility requirements for issuing concealed handgun licenses
that are substantially similar to Oregon requirements.
Provides nonresidents who are licensed to carry concealed
handgun in state identified by Department of State Police with
defenses provided to persons with Oregon concealed handgun
license.
Prohibits arrest of nonresidents who possess valid concealed
handgun license issued in state whose license is verifiable
through use of national law enforcement data system.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to concealed handgun licenses issued in states other
than Oregon; creating new provisions; amending ORS 166.173,
166.260, 166.262, 166.370, 166.663 and 821.240; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Reciprocal license' means a license or permit issued in
another state that authorizes the licensee or permittee to carry
a concealed handgun in the state in which the license or permit
is issued, if the other state:
(A) Imposes eligibility requirements for the issuance of the
license or permit that are substantially similar to the
requirements for obtaining a concealed handgun license described
in ORS 166.291;
(B) Requires the licensee or permittee to renew the license or
permit at least once every seven years; and
(C) Authorizes a person who is licensed under ORS 166.291 and
166.292 to carry a concealed handgun in the other state.
(b) 'Verifiable reciprocal license' means a reciprocal license
the validity of which may be verified through the use of the
National Law Enforcement Telecommunications System or other
similar data system available to law enforcement officers in the
field.
(2) The Department of State Police shall adopt rules that
identify states that issue reciprocal licenses and states that
issue verifiable reciprocal licenses. The department shall review
the rules at least once each year. + }
SECTION 2. ORS 166.262 is amended to read:
166.262. A peace officer may not arrest or charge a person for
violating ORS 166.250 (1)(a) or (b) or 166.370 (1) if { + :
(1) + } The person has in the person's immediate possession a
valid license to carry a firearm as provided in ORS 166.291 and
166.292 { + ; or
(2) The person is not a resident of this state and has in the
person's immediate possession a valid license that the Department
of State Police has determined by rule is a verifiable reciprocal
license under section 1 of this 2012 Act + }.
SECTION 3. ORS 166.173 is amended to read:
166.173. (1) A city or county may adopt ordinances to regulate,
restrict or prohibit the possession of loaded firearms in public
places as defined in ORS 161.015.
(2) Ordinances adopted under subsection (1) of this section do
not apply to or affect:
(a) A law enforcement officer in the performance of official
duty.
(b) A member of the military in the performance of official
duty.
(c) A person { + who is + } licensed { + under ORS 166.291
and 166.292 + } to carry a concealed handgun.
{ + (d) A person who is not a resident of this state and who
possesses a valid license that the Department of State Police has
determined by rule is a reciprocal license under section 1 of
this 2012 Act. + }
{ - (d) - } { + (e) + } A person authorized to possess a
loaded firearm while in or on a public building or court facility
under ORS 166.370.
{ - (e) - } { + (f) + } An employee of the United States
Department of Agriculture, acting within the scope of employment,
who possesses a loaded firearm in the course of the lawful taking
of wildlife.
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, parole and probation
officers, police officers, whether active or honorably retired,
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.
{ + (i) A person who is not a resident of this state and who
possesses a valid license that the Department of State Police has
determined by rule is a reciprocal license under section 1 of
this 2012 Act. + }
(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.
(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.
(4) The exceptions listed in subsection (1)(b) to { - (h) - }
{ + (i) + } of this section constitute affirmative defenses to
a charge of violating ORS 166.250.
SECTION 5. ORS 166.370 is amended to read:
166.370. (1) Any person who intentionally possesses a loaded or
unloaded firearm or any other instrument used as a dangerous
weapon, while in or on a public building, shall upon conviction
be guilty of a Class C felony.
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, a person who intentionally possesses:
(A) A firearm in a court facility is guilty, upon conviction,
of a Class C felony. A person who intentionally possesses a
firearm in a court facility shall surrender the firearm to a law
enforcement officer.
(B) A weapon, other than a firearm, in a court facility may be
required to surrender the weapon to a law enforcement officer or
to immediately remove it from the court facility. A person who
fails to comply with this subparagraph is guilty, upon
conviction, of a Class C felony.
(b) The presiding judge of a judicial district may enter an
order permitting the possession of specified weapons in a court
facility.
(3) Subsection (1) of this section does not apply to:
(a) A sheriff, police officer, other duly appointed peace
officers or a corrections officer while acting within the scope
of employment.
(b) A person summoned by a peace officer to assist in making an
arrest or preserving the peace, while the summoned person is
engaged in assisting the officer.
(c) An active or reserve member of the military forces of this
state or the United States, when engaged in the performance of
duty.
(d) A person who is licensed under ORS 166.291 and 166.292 to
carry a concealed handgun.
{ + (e) A person who is not a resident of this state and who
possesses a valid license that the Department of State Police has
determined by rule is a reciprocal license under section 1 of
this 2012 Act. + }
{ - (e) - } { + (f) + } A person who is authorized by the
officer or agency that controls the public building to possess a
firearm or dangerous weapon in that public building.
{ - (f) - } { + (g) + } An employee of the United States
Department of Agriculture, acting within the scope of employment,
who possesses a firearm in the course of the lawful taking of
wildlife.
{ - (g) - } { + (h) + } Possession of a firearm on school
property if the firearm:
(A) Is possessed by a person who is not otherwise prohibited
from possessing the firearm; and
(B) Is unloaded and locked in a motor vehicle.
(4) The exceptions listed in subsection (3)(b) to { - (g) - }
{ + (h) + } of this section constitute affirmative defenses to
a charge of violating subsection (1) of this section.
(5)(a) Any person who knowingly, or with reckless disregard for
the safety of another, discharges or attempts to discharge a
firearm at a place that the person knows is a school shall upon
conviction be guilty of a Class C felony.
(b) Paragraph (a) of this subsection does not apply to the
discharge of a firearm:
(A) As part of a program approved by a school in the school by
an individual who is participating in the program;
(B) By a law enforcement officer acting in the officer's
official capacity; or
(C) By an employee of the United States Department of
Agriculture, acting within the scope of employment, in the course
of the lawful taking of wildlife.
(6) Any weapon carried in violation of this section is subject
to the forfeiture provisions of ORS 166.279.
(7) Notwithstanding the fact that a person's conduct in a
single criminal episode constitutes a violation of both
subsections (1) and (5) of this section, the district attorney
may charge the person with only one of the offenses.
(8) As used in this section, 'dangerous weapon' means a
dangerous weapon as that term is defined in ORS 161.015.
SECTION 6. ORS 166.663 is amended to read:
166.663. (1) A person may not cast from a motor vehicle an
artificial light while there is in the possession or in the
immediate physical presence of the person a bow and arrow or a
rifle, gun, revolver or other firearm.
(2) Subsection (1) of this section does not apply to a person
casting an artificial light:
(a) From the headlights of a motor vehicle that is being
operated on a road in the usual manner.
(b) When the bow and arrow, rifle, gun, revolver or other
firearm that the person has in the possession or immediate
physical presence of the person is disassembled or stored, or in
the trunk or storage compartment of the motor vehicle.
(c) When the ammunition or arrows are stored separate from the
weapon.
(d) On land owned or lawfully occupied by that person.
(e) On publicly owned land when that person has an agreement
with the public body to use that property.
(f) When the person is a peace officer or government employee
engaged in the performance of official duties.
(g) When the person has been issued a license under ORS 166.291
and 166.292 to carry a concealed weapon.
{ + (h) When the person is not a resident of this state and
possesses a valid license that the Department of State Police has
determined by rule is a reciprocal license under section 1 of
this 2012 Act. + }
(3) A peace officer may issue a citation to a person for a
violation of subsection (1) of this section when the violation is
committed in the presence of the peace officer or when the peace
officer has probable cause to believe that a violation has
occurred based on a description of the vehicle or other
information received from a peace officer who observed the
violation.
(4) Violation of subsection (1) of this section is punishable
as a Class B violation.
(5) As used in this section, 'peace officer' has the meaning
given that term in ORS 161.015.
SECTION 7. ORS 821.240 is amended to read:
821.240. (1) A person commits the offense of operating a
snowmobile or an all-terrain vehicle while carrying a firearm or
bow if the person operates any snowmobile or all-terrain vehicle
with a firearm in the possession of the person, unless the
firearm is unloaded, or with a bow, unless all arrows are in a
quiver.
(2) Subsection (1) of this section does not apply to { + :
(a) + } A person who is licensed under ORS 166.291 and 166.292
to carry a concealed handgun.
{ + (b) A person who is not a resident of this state and who
possesses a valid license that the Department of State Police has
determined by rule is a reciprocal license under section 1 of
this 2012 Act. + }
(3) As used in this section, 'unloaded' means:
(a) If the firearm is a revolver, that there is no live
cartridge in the chamber that is aligned with the hammer of the
revolver;
(b) If the firearm is a muzzle-loading firearm, that the
firearm is not capped or primed; or
(c) If the firearm is other than a revolver or a muzzle-loading
firearm, that there is no live cartridge in the chamber.
(4) The offense described in this section, operating a
snowmobile or an all-terrain vehicle while carrying a firearm or
bow, is a Class B traffic violation.
SECTION 8. { + (1) The amendments to ORS 166.173, 166.260,
166.262, 166.370, 166.663 and 821.240 by sections 2 to 7 of this
2012 Act become operative on January 1, 2013.
(2) The amendments to ORS 166.173, 166.260, 166.262, 166.370,
166.663 and 821.240 by sections 2 to 7 of this 2012 Act apply to
conduct occurring on or after January 1, 2013. + }
SECTION 9. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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