70th OREGON LEGISLATIVE ASSEMBLY--1999 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 2435
B-Engrossed
House Bill 2535
Ordered by the House June 17
Including House Amendments dated May 17 and June 17
Sponsored by Representative MANNIX; Representative PROZANSKI
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.
Modifies several areas of firearm-related law.
Requires criminal history record check for purchase of firearm.
Specifies standards for immunity from civil liability, record
retention, confidentiality and concealed handgun license. { +
Punishes violation of disclosure provisions by maximum
imprisonment of one year, $5,000 fine, or both. + }
Creates violation of unlawful storage of firearm. Reduces
unlawful possession of firearm to violation in certain
situations. Creates crime of { - being present - }
{ + unlawful presence + } in place where firearms are { - on
sale - } { + available for transfer + }. Punishes by maximum of
one year of imprisonment, $5,000 fine, or both.
{ + Modifies calculation of fee Department of State Police
collects for criminal history record checks. Increases limitation
on certain Department of State Police expenditures.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to firearms; creating new provisions; amending ORS
166.250, 166.260, 166.291, 166.292, 166.412, 166.414, 166.416,
166.418, 166.460 and 192.501; repealing ORS 166.422; limiting
expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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) 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 { - . - } { + ; and
(i) 'Supplemental background investigation' means research
undertaken by the department in order to determine whether a
person is disqualified from completing the transfer of a firearm
and that is undertaken in addition to the initial background
check itself. + }
(2) Except as provided in subsections (3)(c) and (13) of this
section, a gun dealer shall comply with the following before a
{ - handgun - } { + firearm + } 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 - } { + firearm + } 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.
(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 - } { + firearm + } 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) { + (a) + } 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.
{ + (b) Notwithstanding paragraph (a) of this subsection, the
department is not required to operate the telephone number
established under this subsection on Thanksgiving Day or
Christmas Day. + }
(6) { + (a) + } 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.
{ + (b) Except for product liability, a gun dealer who
complies with the requirements of this section is immune from
civil liability for any use of the firearm from the time the
firearm is transferred unless the gun dealer transfers the
firearm knowing that the purchaser is likely to commit an
unlawful act involving the firearm. + }
(7)(a) The department may retain a record of { + : + }
{ - the - }
{ + (A) Any + }information obtained during a request for a
criminal
{ - records - } { + history record + } check { + under this
section or section 5 of this 1999 Act + } for no more than five
years { + if the firearm being transferred is a handgun.
(B) Information about the firearm and the gun dealer or other
person transferring the firearm that is obtained during a request
for a criminal history record check under this section or section
5 of this 1999 Act for no more than two years if the firearm
being transferred is not a handgun.
(C) Information about the purchaser that is obtained during a
request for a criminal history record check under this section or
about the transferee under section 5 of this 1999 Act for no more
than 60 days if the firearm being transferred is not a handgun.
(D) Any information obtained during a request for a criminal
history record check under this section or section 5 of this 1999
Act indefinitely if the purchaser or other transferee was
disqualified from completing the transfer or if a supplemental
background investigation was necessary.
(b) The department by rule shall establish standards for
maintenance, use and purging of the records described in this
subsection + }.
{ - (b) - } { + (c) + } The record of the information
obtained during a request for a criminal { - records - } { +
history record + } check { - by a gun dealer - } { + under
this section or section 5 of this 1999 Act + } is
{ - exempt from disclosure under public records law - } { +
confidential and may not be disclosed, except that the
information:
(A) May be disclosed to law enforcement agencies for criminal
investigation purposes;
(B) Concerning specific firearm transactions previously
provided by a gun dealer or other person transferring a firearm
or by a firearm purchaser may be released to the person providing
the information; and
(C) May be used by the department for administrative purposes.
(d) A person who discloses information in violation of
paragraph (c) of this subsection commits a Class A misdemeanor.
(e) A person who intentionally misuses or obtains unauthorized
access to information maintained under this subsection commits a
Class A misdemeanor + }.
(8) The Mental Health and Developmental Disability Services
Division shall provide the department with direct electronic
access to information from the division'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 division shall enter into an
agreement describing the access to information under this
subsection.
(9) A law enforcement agency may inspect the records of a gun
dealer relating to transfers of { - handguns - } { +
firearms + } 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) When a { - handgun - } { + firearm + } is delivered,
it shall be unloaded.
(11) In accordance with applicable provisions of ORS 183.310 to
183.550, 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) The department shall publish the firearms transaction
thumbprint form and shall furnish the form to gun dealers on
application at cost.
(13) This section does not apply to transactions between
persons licensed as dealers under 18 U.S.C. 923.
SECTION 2. ORS 166.416 is amended to read:
166.416. (1) A person commits the crime of providing false
information in connection with a transfer of a { - handgun - }
{ + firearm + } if the person knowingly provides a false name
or false information or presents false identification in
connection with a purchase or transfer of a { - handgun - }
{ + firearm + } under ORS 166.412.
(2) Providing false information in connection with a transfer
of a { - handgun - } { + firearm + } is a Class A
misdemeanor.
SECTION 3. ORS 166.418 is amended to read:
166.418. (1) A person commits the crime of improperly
transferring a { - handgun - } { + firearm + } if the person
is a gun dealer as defined in ORS 166.412 and sells, leases or
otherwise transfers a
{ - handgun - } { + firearm + } and intentionally violates
ORS 166.412.
(2) Improperly transferring a { - handgun - } { +
firearm + } is a Class A misdemeanor.
SECTION 4. { + Sections 5 and 6 of this 1999 Act are added to
and made a part of ORS 166.425 to 166.470. + }
SECTION 5. { + (1) The Department of State Police shall make
the telephone number established under ORS 166.412 (5) available
for the purpose of responding to inquiries from persons other
than gun dealers for criminal history record checks under this
section.
(2) Prior to transferring a firearm, a person other than a gun
dealer may request by telephone that the department conduct a
criminal history record check on the transferee and shall provide
the following information to the department:
(a) The name, address and telephone number of the person making
the transfer;
(b) The make, model, caliber and manufacturer's number of the
firearm being transferred;
(c) The name, date of birth, race, sex and address of the
transferee;
(d) The Social Security number of the transferee if the
transferee voluntarily provides this number; and
(e) The type, issuer and identification number of the
identification bearing the transferee's recent photograph
presented by the transferee.
(3)(a) Upon receipt of a request for a criminal history record
check under this section, the department shall immediately,
during the telephone call or by return call:
(A) Determine from criminal records and other information
available to it whether the transferee is disqualified under ORS
166.470 from completing the transfer; and
(B) Notify the person when a transferee is disqualified from
completing the transfer or provide the person with a unique
approval number indicating that the transferee is qualified to
complete the transfer. The unique approval number is a permit
valid for 24 hours for the requested transfer. If the firearm is
not transferred from the person to the transferee within 24 hours
after receipt of the unique approval number, a new inquiry must
be made by the person.
(b) If the department is unable to determine if the transferee
is qualified for or disqualified from completing the transfer
within 30 minutes, the department shall notify the person and
provide the person with an estimate of the time when the
department will provide the requested information.
(4)(a) Except as otherwise provided in paragraph (b) of this
subsection, a person who receives notification under this section
that a transferee is qualified to complete the transfer of a
firearm is immune from civil liability for any use of the firearm
from the time of the transfer unless the person transfers the
firearm knowing that the transferee is likely to commit an
unlawful act involving the firearm.
(b) The immunity provided by paragraph (a) of this subsection
does not apply if the person transferring the firearm knows that
the transferee of the firearm intends to deliver the firearm to a
third person whom the transferor knows may not lawfully possess
the firearm.
(5) A public employee or public agency incurs no criminal or
civil liability for performing the investigations required by
this section provided the employee or agency acts in good faith
and without malice.
(6) The transferee of the firearm must be present when a person
makes a request for a criminal history record check under this
section. + }
SECTION 6. { + (1) A person other than a dealer who transfers
more than 25 firearms in a calendar year is required to request a
criminal history record check under section 5 of this 1999 Act
prior to completing each firearm transfer after the 25th
transfer. Once a person is required to request a criminal
history record check under this section, the person is required
to request criminal history record checks on every firearm
transfer until such time as the person transfers fewer than 26
firearms in a calendar year.
(2) A person other than a dealer who transfers a firearm at an
event at which the person knows, or reasonably should know, that
more than 25 firearms are on site and available for transfer is
required to request a criminal history record check under section
5 of this 1999 Act prior to completing the transfer. The
department may reduce the fee required by ORS 166.414 (1) for
second and subsequent criminal history record checks requested by
the same person under this subsection.
(3)(a) Subsections (1) and (2) of this section do not apply if
the person is transferring the firearms as part of an estate sale
that involves the assets of a single estate only.
(b) Subsection (2) of this section does not apply if the person
conducts the transfer from the person's place of residence.
(c) Subsections (1) and (2) of this section do not apply if the
transferee is licensed as a dealer under 18 U.S.C. 923.
(4) Failure to comply with the requirements of subsection (1)
or (2) of this section is a violation. + }
SECTION 7. ORS 166.414 is amended to read:
166.414. (1) The Department of State Police may adopt a fee
schedule for criminal history record checks required under ORS
166.412 { + or performed under section 5 of this 1999 Act + }
and collect a fee for each criminal history record check
requested. The fee schedule shall be calculated to recover the
cost of performing criminal history record checks required under
ORS 166.412 { + or performed under section 5 of this 1999
Act + }, but may not exceed $10 per record check.
(2) Fees collected under this section shall be paid into the
State Treasury and deposited in the General Fund to the credit of
the State Police Account.
SECTION 8. 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 Immigration and Naturalization Service 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) Has a principal residence in the county in which the
application is made;
(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 Mental Health and
Developmental Disability Services Division 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; and
(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.
(2) A person who has been granted relief under ORS 166.274 or
166.293 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 (k) 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)(a) to (k) 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.
(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
six months and have declared in writing to the Immigration and
Naturalization Service 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. 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 Mental Health and Developmental
Disability Services Division 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 18 U.S.C. 925(c) or
have had the records expunged. I understand I will be
fingerprinted and photographed.
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.
Type of identification and number on identification to be filled
in by sheriff):
1.________
2.________
Height ___ Weight ___
Current address _____
(List residence addresses for
the past three years on back)
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_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
__________________
____NOTE_TO_GOPHER_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) If a person who holds a valid concealed handgun
license from another state or territory of the United States
applies for a concealed handgun license under this section within
30 days after becoming a resident of this state, the sheriff may
authorize recognition of the out-of-state license pending
processing of the application. The sheriff authorizes recognition
by issuing a letter of authorization to the applicant. The
applicant must carry the letter of authorization with the
out-of-state permit. The letter is valid for 60 days after
issuance or until the applicant's application is denied,
whichever occurs first. When entering the applicant's name into
the Law Enforcement Data System under subsection (7) of this
section, the sheriff shall indicate if the person has been issued
a letter of authorization under this subsection. + }
{ - (8) - } { + (9) + } 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. - } { + another state or
territory of the United States if the person has a business or
family interest in Oregon. A resident of a noncontiguous state or
territory of the United States may apply for an Oregon concealed
handgun license only once in a calendar year. + }
SECTION 9. ORS 166.292 is amended to read:
166.292. (1) If the application for the license is approved,
the sheriff shall issue and mail or otherwise deliver to the
applicant at the address shown on the application, within 45 days
of the application, a wallet sized license bearing the photograph
of the licensee. The license must be signed by the licensee and
carried whenever the licensee carries a concealed handgun.
(2) Failure of a person who carries a concealed handgun also to
carry a concealed handgun license is prima facie evidence that
the person does not have such a license.
(3) Licenses for concealed handguns shall be uniform throughout
the state in substantially the following form:
_________________________________________________________________
OREGON CONCEALED HANDGUN
LICENSE
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
County_____
License Number___
Expires_____
Date of birth____
Height_____
Weight_____
Name______
Address______
Licensee's City___
Zip__
Photograph
Signature__________
Issued by__________
Date of issue__________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(4) An Oregon concealed handgun license issued under ORS
166.291 and this section, unless revoked under ORS 166.293, is
valid for a period of { - four years from the date on which it
is issued. - } { + :
(a) Four years from the next birthday of the licensee; or
(b) One year from the next birthday of the licensee, if the
license is issued under ORS 166.291 (9) to the resident of a
noncontiguous state or territory of the United States. + }
(5) The sheriff shall keep a record of each license issued
under ORS 166.291 and this section, or renewed pursuant to ORS
166.295.
(6) When a sheriff issues a concealed handgun license under
this section, the sheriff shall provide the licensee with a list
of those places where carrying concealed handguns is prohibited
or restricted by state or federal law.
SECTION 10. ORS 192.501 is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation;
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it;
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected;
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding;
(6) Information relating to the appraisal of real estate prior
to its acquisition;
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections;
(8) Investigatory information relating to any complaint filed
under ORS 659.040 or 659.045, until such time as the complaint is
resolved under ORS 659.050, or a final administrative
determination is made under ORS 659.060;
(9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180;
(10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under ORS 697.732;
(11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction;
(12) A personnel discipline action, or materials or documents
supporting that action;
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species;
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented;
(15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
(a) The original data, including but not limited to numbers,
text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually;
(16) Data and information provided by participants to mediation
under section 5, chapter 967, Oregon Laws 1989;
(17) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation;
(18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared and used by a law
enforcement agency, if public disclosure thereof would endanger
the life or physical safety of a citizen or law enforcement
officer or jeopardize the law enforcement activity involved;
(19)(a) Audits or audit reports of a telecommunications
utility. As used in this paragraph, 'audit or audit report of a
telecommunications utility' means any external or internal audit
or audit report pertaining to a telecommunications utility, as
defined in ORS 759.005, or pertaining to a corporation having an
affiliated interest, as defined in ORS 759.010, with a
telecommunications utility that is intended to make the
operations of the entity more efficient, accurate or compliant
with applicable rules, procedures or standards, that may include
self-criticism and that has been filed by the telecommunications
utility or affiliate under compulsion of state law. 'Audit or
audit report of a telecommunications utility' does not mean an
audit of a cost study that would be discoverable in a contested
case proceeding and that is not subject to a protective order.
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.010, with a telecommunications utility, as
defined in ORS 759.005; { - and - }
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967 { + ; and
(21) A record of the information required for the issuance of a
concealed handgun license under ORS 166.291 or for renewal of a
concealed handgun license under ORS 166.295 + }.
SECTION 11. ORS 192.501, as amended by section 13, chapter 967,
Oregon Laws 1989, section 2, chapter 636, Oregon Laws 1991,
section 2, chapter 678, Oregon Laws 1991, section 5, chapter 616,
Oregon Laws 1993, section 2, chapter 787, Oregon Laws 1993, and
section 3, chapter 604, Oregon Laws 1995, is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation;
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it;
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected;
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding;
(6) Information relating to the appraisal of real estate prior
to its acquisition;
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections;
(8) Investigatory information relating to any complaint filed
under ORS 659.040 or 659.045, until such time as the complaint is
resolved under ORS 659.050, or a final administrative
determination is made under ORS 659.060;
(9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180;
(10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under ORS 697.732;
(11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction;
(12) A personnel discipline action, or materials or documents
supporting that action;
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species;
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented;
(15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
(a) The original data, including but not limited to numbers,
text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually;
(16) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation;
(17) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared and used by a law
enforcement agency, if public disclosure thereof would endanger
the life or physical safety of a citizen or law enforcement
officer or jeopardize the law enforcement activity involved;
(18)(a) Audits or audit reports of a telecommunications
utility. As used in this paragraph, 'audit or audit report of a
telecommunications utility' means any external or internal audit
or audit report pertaining to a telecommunications utility, as
defined in ORS 759.005, or pertaining to a corporation having an
affiliated interest, as defined in ORS 759.010, with a
telecommunications utility that is intended to make the
operations of the entity more efficient, accurate or compliant
with applicable rules, procedures or standards, that may include
self-criticism and that has been filed by the telecommunications
utility or affiliate under compulsion of state law. 'Audit or
audit report of a telecommunications utility' does not mean an
audit of a cost study that would be discoverable in a contested
case proceeding and that is not subject to a protective order.
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.010, with a telecommunications utility, as
defined in ORS 759.005; { - and - }
(19) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967 { + ; and
(20) A record of the information required for the issuance of a
concealed handgun license under ORS 166.291 or for renewal of a
concealed handgun license under ORS 166.295 + }.
SECTION 12. { + Nothing in the amendments to ORS 192.501 by
section 10 or 11 of this 1999 Act affects the operative date
provisions of section 17, chapter 967, Oregon Laws 1989, as
amended by section 1, chapter 277, Oregon Laws 1995. + }
SECTION 13. 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 { + , or reserve officers if
the appointing authorities specifically authorized the reserve
officers to carry concealed handguns while off duty + }.
(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) 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.
(2) 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.
SECTION 14. ORS 166.250 is amended to read:
166.250. (1) Except as otherwise provided in this section, ORS
166.260, 166.270, 166.274, 166.280, 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, without
having a license to carry the firearm as provided in ORS 166.291
and 166.292;
(b) Carries concealed and readily accessible to the person
within any vehicle which is under the person's control or
direction any handgun, without having a license to carry such
firearm as provided in ORS 166.291 and 166.292; 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 Mental Health and Developmental
Disability Services Division 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) + } Unlawful possession of a firearm is a Class A
misdemeanor.
{ + (b) Notwithstanding paragraph (a) of this subsection,
unlawful possession of a firearm shall be treated as a violation
for purposes of sentencing if the defendant establishes to the
satisfaction of the trial court that:
(A) The defendant has no prior conviction for any criminal
offense;
(B) The defendant was not committing any other offense at the
time of the unlawful possession; and
(C) If the unlawful possession occurred while the defendant was
in a motor vehicle, no other person present in the motor vehicle
was committing an offense, other than a traffic violation, at the
time of the unlawful possession. + }
SECTION 15. { + Sections 16, 17 and 18 of this 1999 Act are
added to and made a part of ORS 166.250 to 166.270. + }
SECTION 16. { + (1) A person commits the offense of unlawful
storage of a firearm if:
(a) The person, with criminal negligence, stores or leaves a
loaded firearm without:
(A) Having a locked device in place that prevents the discharge
of the firearm; or
(B) Placing the firearm in a locked storage device or locked
storage area, with the combination set or with the key kept in a
separate place;
(b) A child under 15 years of age gains access to the firearm;
and
(c) The child injures or kills a person within 24 hours after
acquiring the firearm.
(2) Unlawful storage of a firearm is a violation punishable by
a fine, notwithstanding ORS 161.635, of up to $1,000.
(3) Subsection (1) of this section does not apply if:
(a) The child obtains and possesses the firearm while under the
direct supervision of a person who is at least 18 years of age;
or
(b) The child obtains possession of the firearm through the
illegal act of any person other than the person referred to in
subsection (1)(a) of this section. + }
SECTION 17. { + The owner of a firearm is immune from civil or
criminal liability for the improper use of the owner's firearm by
someone other than the owner if the owner:
(1) Did not authorize the use; and
(2) Stored the firearm in a locked storage device or locked
storage area or with a locked device in place so as to prevent
the discharge of the firearm. + }
SECTION 18. { + (1) A person commits the crime of unlawful
presence in a place where firearms are available for transfer if
the person:
(a) Is prohibited from possessing a firearm under ORS 166.270
or as a condition of probation or by other order of a court; and
(b)(A) With the intent to acquire a firearm, is present at a
location knowing that there are firearms available for transfer
at the location; or
(B) Is present at an event held primarily for the purpose of
transferring firearms.
(2) Unlawful presence in a place where firearms are available
for transfer is a Class A misdemeanor. + }
SECTION 19. ORS 166.460 is amended to read:
166.460. (1) ORS 166.250, 166.260, 166.280, 166.291 to 166.295,
166.410, 166.412, 166.425 and 166.450 { + and section 6 of this
1999 Act + }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 (D) constitutes a violation of
ORS 166.250.
SECTION 20. { + (1) During the first seven days of each month,
the Department of State Police shall purge records of information
retained under ORS 166.412 (7) in accordance with the retention
periods established in ORS 166.412 (7).
(2) Once each calendar year or more often as necessary, the
Secretary of State shall review the records system of the
Department of State Police to ensure that the Department of State
Police is complying with the requirements of ORS 166.412 (7) and
subsection (1) of this section.
(3) Once each calendar year, the Secretary of State and the
Department of State Police shall submit a report to the
Legislative Assembly as provided in ORS 192.245, on the
maintenance, purging and review of records under ORS 166.412 (7)
and subsections (1) and (2) of this section. + }
SECTION 21. { + ORS 166.422 is repealed and section 22 of this
1999 Act is enacted in lieu thereof. + }
SECTION 22. { + (1) Notwithstanding ORS 166.412 (6)(a) and
section 5 (5) of this 1999 Act, upon complaint of any person, the
Oregon Government Standards and Practices Commission may impose a
civil penalty of up to $1,000 upon the Department of State Police
for the negligent disclosure of information by the department or
its employees in violation of ORS 166.412 (7)(c). An individual
may not be held liable for the negligent disclosure of
information under this subsection.
(2)(a) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(b) A civil penalty imposed under this section is payable to
the person whose information was disclosed and is the exclusive
remedy for any disclosure of information in violation of ORS
166.412 (7)(c). + }
SECTION 23. ORS 166.414, as amended by section 7 of this 1999
Act, is amended to read:
166.414. (1) The Department of State Police may adopt a fee
schedule for criminal history record checks required under ORS
166.412 or performed under section 5 of this 1999 Act and collect
a fee for each criminal history record check requested. The fee
schedule shall be calculated to recover the cost of performing
criminal history record checks required under ORS 166.412 or
performed under section 5 of this 1999 Act { + plus $1 + }, but
may not exceed { - $10 - } { + $8.50 + } per record
check. { + If the volume of inquiries reduces the cost of the
system, the department shall reduce the fee appropriately. The
department shall allow persons to pay the fee by using a credit
card or debit card as approved by the State Treasurer. + }
(2) Fees collected under this section shall be paid into the
State Treasury and deposited in the General Fund to the credit of
the State Police Account. { + One dollar of each fee collected
under subsection (1) of this section shall be used exclusively
for the enforcement of laws regulating the transfer of firearms
and requiring criminal history background checks. + }
SECTION 24. { + The amendments to ORS 166.414 by section 23 of
this 1999 Act become operative May 1, 2000. + }
SECTION 25. { + Notwithstanding any law limiting expenditures
of the Department of State Police for the payment of expenses
from fees, moneys or other revenues, including Miscellaneous
Receipts, but excluding lottery funds and federal funds,
collected or received by the Department of State Police for the
biennium beginning July 1, 1999, the limitation on expenditures
established by section 2, chapter 231, Oregon Laws 1999 (Enrolled
House Bill 5043), is increased by $1,005,834 for the purpose of
carrying out the duties imposed upon the department by this 1999
Act. + }
SECTION 26. { + Sections 4 to 6, 12, 15 to 18 and 20 to 22 of
this 1999 Act and the amendments to statutes by sections 1 to 3,
7 to 11, 13, 14 and 19 of this 1999 Act become operative October
1, 1999. + }
SECTION 27. { + This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 1999 Act takes effect on
its passage. + }
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