Bill Text: OR HB3182 | 2011 | Regular Session | Introduced


Bill Title: Relating to firearms.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3182 Detail]

Download: Oregon-2011-HB3182-Introduced.html


     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 1002

                         House Bill 3182

Sponsored by Representative CAMERON; Representatives BENTZ,
  FREEMAN, GARRARD, OLSON, SPRENGER, THOMPSON, WHISNANT

                             SUMMARY

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

  Provides affirmative defense to crime of unlawful possession of
firearm for state and federal corrections officers.

                        A BILL FOR AN ACT
Relating to firearms; creating new provisions; and amending ORS
  166.260.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.260 is amended to read:
  166.260. (1) ORS 166.250 does not apply to or affect:
  (a) Sheriffs, constables, marshals, parole and probation
officers, police officers, whether active or honorably retired,
or other duly appointed peace officers.
  (b) Any person summoned by any such officer to assist in making
arrests or preserving the peace, while said person so summoned is
actually engaged in assisting the officer.
  (c) The possession or transportation by any merchant of
unloaded firearms as merchandise.
  (d) Active or reserve members of the Army, Navy, Air Force,
Coast Guard or Marine Corps of the United States, or of the
National Guard, when on duty.
  (e) Organizations which are by law authorized to purchase or
receive weapons described in ORS 166.250 from the United States,
or from this state.
  (f) Duly authorized military or civil organizations while
parading, or the members thereof when going to and from the
places of meeting of their organization.
  (g) A corrections officer   { - while transporting or
accompanying an individual convicted of or arrested for an
offense and confined in a place of incarceration or detention
while outside the confines of the place of incarceration or
detention - }  { +  as defined in ORS 181.610 or who is employed
by the federal government + }.
  (h) A person who is licensed under ORS 166.291 and 166.292 to
carry a concealed handgun.
  (2) It is an affirmative defense to a charge of violating ORS
166.250 (1)(c)(C) that the person has been granted relief from
the disability under ORS 166.274.
  (3) Except for persons who are otherwise prohibited from
possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS
166.250 does not apply to or affect:
  (a) Members of any club or organization, for the purpose of
practicing shooting at targets upon the established target
ranges, whether public or private, while such members are using
any of the firearms referred to in ORS 166.250 upon such target
ranges, or while going to and from such ranges.
  (b) Licensed hunters or fishermen while engaged in hunting or
fishing, or while going to or returning from a hunting or fishing
expedition.
  (4) The exceptions listed in subsection (1)(b) to (h) of this
section constitute affirmative defenses to a charge of violating
ORS 166.250.
  SECTION 2.  { + The amendments to ORS 166.260 by section 1 of
this 2011 Act apply to conduct occurring on or after the
effective date of this 2011 Act. + }
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