Bill Text: OR HB4045 | 2012 | Regular Session | Introduced

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

---

Bill Title: Relating to the public disclosure of concealed handgun license information; and declaring an emergency.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-04-11 - Chapter 93, (2012 Laws): Effective date April 11, 2012. [HB4045 Detail]

Download: Oregon-2012-HB4045-Introduced.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 87

                         House Bill 4045

Sponsored by Representatives THATCHER, BARKER; Representatives
  CLEM, FREEMAN, MATTHEWS, MCLANE, SCHAUFLER, WHISNANT
  (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 as
introduced.

  Authorizes person applying for concealed handgun license to
limit ability of public body to disclose records or information
that identifies person as applicant for, or holder of, concealed
handgun license.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the public disclosure of concealed handgun license
  information; creating new provisions; amending ORS 166.291; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + If an applicant for a concealed handgun license
requests confidentiality in accordance with ORS 166.291 (4), a
public body as defined in ORS 192.410 may not disclose records or
information that identifies the person as a current or former
applicant for, or holder of, 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 criminal or civil 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 in writing. + }
  SECTION 2. 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 United States Citizenship and Immigration
Services 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) Is a resident of the county;
  (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 Oregon Health Authority 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;
  (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;
  (L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
  (A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
  (B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
  (m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
  (n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
  (o) Is not required to register as a sex offender in any state.
  (2) A person who has been granted relief under ORS 166.274 or
166.293 or section 5, chapter 826, Oregon Laws 2009, 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 (L) 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) 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. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession including, but not limited to, manual or computerized
criminal offender information.
  (4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout this 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 United States
Citizenship and Immigration Services 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.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. 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 Oregon
Health Authority 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 section 5, chapter
826, Oregon Laws 2009, or 18 U.S.C. 925(c) or have had the
records expunged. I am not subject to a citation issued under ORS
163.735 or an order issued under ORS 30.866, 107.700 to 107.735
or 163.738. I have never received a dishonorable discharge from
the Armed Forces of the United States. I am not required to
register as a sex offender in any state. I understand I will be
fingerprinted and photographed.

Legal name ________
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.
The type of identification and the number on the identification
are to be filled in by the sheriff.):
  1.________
  2.________

Height ___ Weight ___
Hair color ___ Eye color ___

Current address _____
                                (List residence addresses for the
                                   past three years on the back.)

City ___ County ___ Zip ___
Phone ___

 { +  PRIVACY NOTICE: Unless you indicate otherwise, your status
as an applicant for, or a holder of, a concealed handgun license
may be subject to public disclosure under Oregon law. If you
request confidentiality by marking 'Yes' below, your status as an
applicant for, or a holder of, a concealed handgun license may be
disclosed by a public body only if the disclosure is necessary
for criminal justice purposes, is made in response to a court
order or is made with your written permission. + }

 { +  I am requesting that my status as an applicant for, or a
holder of, a concealed handgun license remain confidential: + }

   { +  ___ Yes     ___ No    (Check one) + }

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_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name        Address
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name        Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________

Approved __ Disapproved __ by __

Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________

  (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) 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.
  (9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
  (a) Has a current Oregon driver license issued to the person
showing a residence address in the county;
  (b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
  (c) Has documentation showing that the person currently leases
or owns real property in the county; or
  (d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
  SECTION 3. ORS 166.291, as amended by section 10, chapter 826,
Oregon Laws 2009, and section 34, chapter 547, Oregon Laws 2011,
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 United States Citizenship and Immigration
Services 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) Is a resident of the county;
  (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 Oregon Health Authority 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;
  (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;
  (L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
  (A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
  (B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
  (m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
  (n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
  (o) Is not required to register as a sex offender in any state.
  (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 (L) 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) 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. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession including, but not limited to, manual or computerized
criminal offender information.
  (4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout this 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 United States
Citizenship and Immigration Services 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.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. 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 Oregon
Health Authority 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 am not subject to a citation
issued under ORS 163.735 or an order issued under ORS 30.866,
107.700 to 107.735 or 163.738. I have never received a
dishonorable discharge from the Armed Forces of the United
States.  I am not required to register as a sex offender in any
state. I understand I will be fingerprinted and photographed.

Legal name ________
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.
The type of identification and the number on the identification
are to be filled in by the sheriff.):
  1.________
  2.________

Height ___ Weight ___
Hair color ___ Eye color ___

Current address _____
                                (List residence addresses for the
                                   past three years on the back.)

City ___ County ___ Zip ___
Phone ___

 { +  PRIVACY NOTICE: Unless you indicate otherwise, your status
as an applicant for, or a holder of, a concealed handgun license
may be subject to public disclosure under Oregon law. If you
request confidentiality by marking 'Yes' below, your status as an
applicant for, or a holder of, a concealed handgun license may be
disclosed by a public body only if the disclosure is necessary
for criminal justice purposes, is made in response to a court
order or is made with your written permission. + }

 { +  I am requesting that my status as an applicant for, or a
holder of, a concealed handgun license remain confidential: + }

   { +  ___ Yes     ___ No    (Check one) + }

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_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name:        Address
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name:        Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________

Approved __ Disapproved __ by __

Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________

  (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) 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.
  (9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
  (a) Has a current Oregon driver license issued to the person
showing a residence address in the county;
  (b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
  (c) Has documentation showing that the person currently leases
or owns real property in the county; or
  (d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
  SECTION 4.  { + Section 1 of this 2012 Act applies to
applications for a concealed handgun license, including renewal
applications, that are submitted to a county sheriff before, on
or after the effective date of this 2012 Act. + }
  SECTION 5.  { + (1) The amendments to ORS 166.291 by section 2
of this 2012 Act become operative on July 1, 2012.
  (2) For purposes of section 1 of this 2012 Act, an application
for a concealed handgun license that is submitted to a county
sheriff before the operative date specified in subsection (1) of
this section demonstrates that the applicant has requested
confidentiality in accordance with ORS 166.291 (4) if the
application in any way manifests an intent to exempt the
application or license, or information contained in the
application or license, from public disclosure, including by
indicating that the applicant has applied for a concealed handgun
license for security or safety reasons. + }
  SECTION 6.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
                         ----------