Bill Text: OR HB2797 | 2011 | Regular Session | Engrossed

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Bill Title: Relating to firearms; declaring an emergency.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2797 Detail]

Download: Oregon-2011-HB2797-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

SA to A-Eng. HB 2797

LC 1326/HB 2797-A8

                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2797

                    By COMMITTEE ON JUDICIARY

                             June 13

  On page 1 of the printed A-engrossed bill, line 2, after '
provisions;' delete the rest of the line and insert 'amending ORS
166.250, 166.262, 166.274, 166.360, 166.370, 166.425 and 821.240;
repealing ORS 166.380; and declaring an emergency.'.
  On page 3, line 18, after the first 'vehicle' insert ', other
than a vehicle described in paragraph (c) of this subsection,'.
  On page 4, delete lines 1 and 2 and insert:
  '  { +  SECTION 4. + }  { + A public body as defined in ORS
192.410 may not disclose records or information that identifies a
person as a current holder of, or applicant for, a concealed
handgun license unless:
  ' (1) The disclosure is made to another public body and is
necessary for criminal justice purposes;
  ' (2) A court enters an order in a pending civil or criminal
case directing the public body to disclose the records or
information; or
  ' (3) The holder of, or applicant for, the concealed handgun
license consents to the disclosure. + }
  '  { +  SECTION 5. + } 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
  ' (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;
  ' (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 three-year period
preceding the filing of the petition. + }
  '  { +  SECTION 6. + } 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. - }
  '  { - (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 three-year period
preceding the filing of the petition. + }
  '  { +  SECTION 7. + } ORS 166.370 is amended to read:
  ' 166.370. (1) { + (a) + }   { - Any - }  { +  A + } 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 - }   { + commits + } a Class C felony.
  '  { +  (b) A person who intentionally possesses a firearm or
any other instrument used as a dangerous weapon on school grounds
commits 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 - }   { + commits + } 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 - }   { + commits + } 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) - }  { +  (d) + } A person who is authorized by the
officer or agency that controls the public building { +  or the
school grounds + } to possess a firearm or dangerous weapon in
 { - that - }  { +  the + } public building { +  or on the school
grounds + }.
  '  { - (f) - }  { +  (e) + } 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) - }  { +  (f) + } Possession of a firearm on school
 { - property - }  { +  grounds + } if the firearm  { - : - }
  '  { - (A) - }  is possessed by a person who is not otherwise
prohibited from possessing the firearm  { - ; - }  and { +  the
firearm is: + }
  '  { - (B) - }  { +  (A) + }   { - is - }  Unloaded and locked
in a motor vehicle { + ; or
  ' (B) Possessed in a motor vehicle by a person who is licensed
under ORS 166.291 and 166.292 to carry a concealed handgun + }.
  '  { +  (4) Subsection (1)(a) of this section does not apply to
a person who is licensed under ORS 166.291 and 166.292 to carry a
concealed handgun. + }
  '  { - (4) - }  { +  (5)(a) + } The exceptions listed in
subsection (3)(b) to

  { - (g) - }  { +  (f) + } of this section constitute
affirmative defenses to a charge of violating subsection (1) of
this section.
  '  { +  (b) The exception described in subsection (4) of this
section constitutes an affirmative defense to a charge of
violating subsection (1)(a) of this section. + }
  '  { - (5)(a) - }  { +  (6)(a) + }   { - Any - }  { +  A + }
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 - }  { +  on + } school
 { - shall upon conviction be guilty of - }   { + grounds
commits + } 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) - }  { +  (7) + } Any weapon carried in violation of
this section is subject to the forfeiture provisions of ORS
166.279.
  '  { - (7) - }  { +  (8) + } Notwithstanding the fact that a
person's conduct in a single criminal episode constitutes a
violation of both subsections (1) and   { - (5) - }  { +  (6) + }
of this section, the district attorney may charge the person with
only one of the offenses.
  '  { - (8) - }  { +  (9) + } As used in this section,
'dangerous weapon' means a dangerous weapon as that term is
defined in ORS 161.015.
  '  { +  SECTION 8. + } ORS 166.360 is amended to read:
  ' 166.360. As used in ORS 166.360 to 166.380, unless the
context requires otherwise:
  ' (1) 'Capitol building' means the Capitol, the State Office
Building, the State Library Building, the Labor and Industries
Building, the State Transportation Building, the Agriculture
Building or the Public Service Building and includes any new
buildings which may be constructed on the same grounds as an
addition to the group of buildings listed in this subsection.
  ' (2) 'Court facility' means a courthouse or that portion of
any other building occupied by a circuit court, the Court of
Appeals, the Supreme Court or the Oregon Tax Court or occupied by
personnel related to the operations of those courts, or in which
activities related to the operations of those courts take place.
  '  { - (3) 'Loaded firearm' means: - }
  '  { - (a) A breech-loading firearm in which there is an
unexpended cartridge or shell in or attached to the firearm
including but not limited to, in a chamber, magazine or clip
which is attached to the firearm. - }
  '  { - (b) A muzzle-loading firearm which is capped or primed
and has a powder charge and ball, shot or projectile in the
barrel or cylinder. - }
  '  { - (4) - }  { +  (3) + } 'Public building' means a
hospital, a capitol building,   { - a public or private school,
as defined in ORS 339.315, a college or university, - }  a city
hall or the residence of any state official elected by the state
at large, and the grounds adjacent to each such building. The
term also includes that portion of any other building occupied by
an agency of the state or a municipal corporation, as defined in
ORS 297.405, other than a court facility.
  '  { +  (4) 'School grounds' means the buildings that compose a
community college, college, university or a school as defined in
ORS 339.315, and the grounds adjacent to each such building. + }
  '  { - (5) - }  { +  (5) + } 'Weapon' means:
  ' (a) A firearm;
  ' (b) Any dirk, dagger, ice pick, slingshot, metal knuckles or
any similar instrument or a knife other than an ordinary pocket
knife, the use of which could inflict injury upon a person or
property;
  ' (c) Mace, tear gas, pepper mace or any similar deleterious
agent as defined in ORS 163.211;
  ' (d) An electrical stun gun or any similar instrument;
  ' (e) A tear gas weapon as defined in ORS 163.211;
  ' (f) A club, bat, baton, billy club, bludgeon, knobkerrie,
nunchaku, nightstick, truncheon or any similar instrument, the
use of which could inflict injury upon a person or property; or
  ' (g) A dangerous or deadly weapon as those terms are defined
in ORS 161.015.
  '  { +  SECTION 9. + } 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) { + (a) + } if 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.
  '  { +  SECTION 10. + } 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 11. + }  { +  No later than December 31, 2011,
the Department of State Police shall submit a report to the
interim 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 12. + }  { + Section 11 of this 2011 Act is
repealed on January 2, 2012. + }
  '  { +  SECTION 13. + }  { + ORS 166.380 is repealed. + }
  '  { +  SECTION 14. + }  { + The amendments to ORS 166.250,
166.262, 166.370, 166.425 and 821.240 by sections 1 to 3, 7, 9
and 10 of this 2011 Act apply to conduct occurring on or after
the effective date of this 2011 Act. + }
  '  { +  SECTION 15. + }  { + 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. + } ' .
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