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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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 1326

                           B-Engrossed

                         House Bill 2797
                  Ordered by the Senate June 13
 Including House Amendments dated March 21 and Senate Amendments
                          dated June 13

Sponsored by Representatives THATCHER, G SMITH; Representative
  MATTHEWS (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Describes 'readily accessible' for purpose of prohibition on
possessing readily accessible, concealed handgun within vehicle,
when vehicle is snowmobile, motorcycle or all-terrain vehicle.
  Modifies offense of operating snowmobile or all-terrain vehicle
while carrying firearm or bow.
   { +  Prohibits public body from disclosing information
identifying person as current holder of, or applicant for,
concealed handgun license.
  Modifies provision under which person barred from possessing or
purchasing firearm may file petition for relief from bar.
  Prohibits concealed handgun licensee from possessing firearm on
school grounds unless firearm is possessed in motor vehicle.
  Directs Department of State Police to submit report on
compliance with federal law related to criminal background checks
for purposes related to firearms to interim committee related to
judiciary no later than December 31, 2011.
  Repeals provision authorizing peace officer to examine person
in public building to determine whether firearm is loaded.
  Declares emergency, effective on passage. + }

                        A BILL FOR AN ACT
Relating to firearms; creating new provisions; 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.
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
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:
  (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 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 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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