Bill Text: OR HB2792 | 2011 | Regular Session | Enrolled
Bill Title: Relating to firearms; and declaring an emergency.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-08-02 - Chapter 662, (2011 Laws): Effective date August 2, 2011. [HB2792 Detail]
Download: Oregon-2011-HB2792-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2792
Sponsored by Representative THATCHER, Senator PROZANSKI;
Representatives FREEMAN, G SMITH (Presession filed.)
CHAPTER ................
AN ACT
Relating to firearms; creating new provisions; amending ORS
166.250, 166.274, 166.425 and 821.240; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 166.250, as amended by section 8a, chapter 826,
Oregon Laws 2009, 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 or section 5, chapter 826, Oregon Laws 2009, 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;
(D) Was committed to the Oregon Health Authority under ORS
426.130;
(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
Enrolled House Bill 2792 (HB 2792-BCCA) Page 1
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) - } { +
paragraphs (b) and (c) + } 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 { + , other than a vehicle described in
paragraph (c) of this subsection, + } 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.
{ + (c) If a vehicle is a motorcycle, an all-terrain vehicle
or a snowmobile, a handgun is not readily accessible within the
meaning of this section if:
(A) The handgun is in a locked container within or affixed to
the vehicle; or
(B) The handgun is equipped with a trigger lock or other
locking mechanism that prevents the discharge of the firearm. + }
(5) Unlawful possession of a firearm is a Class A misdemeanor.
SECTION 2. ORS 166.250, as amended by sections 8a and 11a,
chapter 826, Oregon Laws 2009, 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;
(D) Was committed to the Oregon Health Authority under ORS
426.130;
(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:
Enrolled House Bill 2792 (HB 2792-BCCA) Page 2
(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) - } { +
paragraphs (b) and (c) + } 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 { + , other than a vehicle described in
paragraph (c) of this subsection, + } 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.
{ + (c) 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:
(A) The handgun is in a locked container within or affixed to
the vehicle; or
(B) The handgun is equipped with a trigger lock or other
locking mechanism that prevents the discharge of the firearm. + }
(5) Unlawful possession of a firearm is a Class A misdemeanor.
SECTION 3. ORS 166.274, as amended by section 19, chapter 826,
Oregon Laws 2009, and section 2, chapter 86, Oregon Laws 2010, is
amended to read:
166.274. (1) { + Except as provided in subsection (11) of this
section, + } a person barred from possessing or purchasing a
firearm may file a petition for relief from the bar in accordance
with subsection (2) of this section if:
(a) The person is barred from possessing a firearm under ORS
166.250 (1)(c)(A) { - to - } { + or + } (C) or 166.270; or
(b) The person is barred from purchasing a firearm under ORS
166.470 (1)(a) { - to (d) or (g) - } { + , (b) or (g) + }.
(2) A petition for relief described in this section must be
filed in the circuit court in the petitioner's county of
residence.
(3) A person may apply once per calendar year for relief under
the provisions of this section.
(4)(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
Enrolled House Bill 2792 (HB 2792-BCCA) Page 3
(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.
(5)(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.
(6) 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.
(7) 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.
{ - (8) 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. - }
{ - (9) - } { + (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.
{ - (10) - } { + (9) + } Filing fees shall be as for any
civil action filed in the court.
{ - (11)(a) - } { + (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.
{ + (11) The court may not grant relief under this section to
a person who:
(a) Has been convicted of a person felony, as that term is
defined in the rules of the Oregon Criminal Justice Commission,
or the statutory counterpart to a person felony in any other
jurisdiction, if the offense involved the use of a firearm or a
deadly weapon as defined in ORS 161.015;
Enrolled House Bill 2792 (HB 2792-BCCA) Page 4
(b) Has been convicted of an offense listed in ORS 137.700 or
the statutory counterpart to an offense listed in ORS 137.700 in
any other jurisdiction; or
(c) Is currently serving a felony sentence as defined in ORS
10.030 or has served a felony sentence in the one-year period
preceding the filing of the petition. + }
SECTION 4. ORS 166.274, as amended by sections 19 and 20,
chapter 826, Oregon Laws 2009, and section 3, chapter 86, Oregon
Laws 2010, is amended to read:
166.274. (1) { + Except as provided in subsection (10) of this
section, + } a person barred from possessing a firearm under ORS
166.250 (1)(c)(A) { + or (C) + } to (E) or 166.270 or barred
from purchasing a firearm under ORS 166.470 (1)(a) { + , (b) or
(e) to (g) + }
{ - to (g) - } may file a petition for relief from the bar in
the circuit court in the petitioner's county of residence.
(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. - }
Enrolled House Bill 2792 (HB 2792-BCCA) Page 5
{ - (8) - } { + (7) + } 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) - } { + (8) + } Filing fees shall be as for any
civil action filed in the court.
{ - (10)(a) - } { + (9)(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.
{ + (10) The court may not grant relief under this section to
a person who:
(a) Has been convicted of a person felony, as that term is
defined in the rules of the Oregon Criminal Justice Commission,
or the statutory counterpart to a person felony in any other
jurisdiction, if the offense involved the use of a firearm or a
deadly weapon as defined in ORS 161.015;
(b) Has been convicted of an offense listed in ORS 137.700 or
the statutory counterpart to an offense listed in ORS 137.700 in
any other jurisdiction; or
(c) Is currently serving a felony sentence as defined in ORS
10.030 or has served a felony sentence in the one-year period
preceding the filing of the petition. + }
SECTION 5. ORS 166.425 is amended to read:
166.425. (1) A person commits the crime of unlawfully
purchasing a firearm if the person, knowing that the person is
prohibited by state { - or federal - } law from owning or
possessing the firearm or having the firearm under the person's
custody or control, purchases or attempts to purchase the
firearm.
(2) Unlawfully purchasing a firearm is a Class A misdemeanor.
SECTION 6. 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
person who is licensed under ORS 166.291 and 166.292 to carry a
concealed handgun.
(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. + }
{ - (2) - } { + (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 7. { + No later than December 31, 2011, the Department
of State Police shall submit a report to the interim legislative
Enrolled House Bill 2792 (HB 2792-BCCA) Page 6
committee related to the judiciary that describes the State of
Oregon's compliance with the National Instant Criminal Background
Check System Improvement Amendments Act of 2007 (P.L. 110-180).
The report must include a description of the rate at which the
State of Oregon is providing the United States Attorney General
records relevant to a determination of whether a person is
disqualified from possessing or receiving a firearm under federal
or state law. + }
SECTION 8. { + Section 7 of this 2011 Act is repealed on
January 2, 2012. + }
SECTION 9. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
----------
Passed by House March 21, 2011
Repassed by House June 28, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 15, 2011
Repassed by Senate June 28, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2792 (HB 2792-BCCA) Page 7
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2792 (HB 2792-BCCA) Page 8
