75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 57

                           A-Engrossed

                        Senate Bill 1008
                Ordered by the Senate February 8
          Including Senate Amendments dated February 8

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)

                             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.

  Modifies circumstances under which person convicted of felony
may obtain relief from prohibition against possession and
transfer of firearms.
  Modifies firearms provisions related to commitment of person
with mental illness.
   { +  Clarifies circumstances in which person commits crime of
unlawful possession of firearm. + }
  Eliminates requirement that forfeiture counsel send copy of
judgment to Asset Forfeiture Oversight Advisory Committee.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 131.588,
  131A.300, 166.250, 166.260, 166.270, 166.274, 166.291 and
  166.470; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.270 is amended to read:
  166.270. (1) Any person who has been convicted of a felony
under the law of this state or any other state, or who has been
convicted of a felony under the laws of the Government of the
United States, who owns or has in the person's possession or
under the person's custody or control any firearm commits the
crime of felon in possession of a firearm.
  (2) Any person who has been convicted of a felony under the law
of this state or any other state, or who has been convicted of a
felony under the laws of the Government of the United States, who
owns or has in the person's possession or under the person's
custody or control any instrument or weapon having a blade that
projects or swings into position by force of a spring or by
centrifugal force or any blackjack, slungshot, sandclub, sandbag,
sap glove, metal knuckles or an Electro-Muscular Disruption
Technology device as defined in ORS 165.540, or who carries a
dirk, dagger or stiletto, commits the crime of felon in
possession of a restricted weapon.
  (3) For the purposes of this section, a person 'has been
convicted of a felony' if, at the time of conviction for an
offense, that offense was a felony under the law of the
jurisdiction in which it was committed. Such conviction shall not
be deemed a conviction of a felony if:
  (a) The court declared the conviction to be a misdemeanor at
the time of judgment; or
  (b) The offense was possession of marijuana and the conviction
was prior to January 1, 1972.
  (4) Subsection (1) of this section does not apply to any person
who has been:
  (a) Convicted of only one felony under the law of this state or
any other state, or who has been convicted of only one felony
under the laws of the United States, which felony did not involve
criminal homicide, as defined in ORS 163.005, or the possession
or use of a firearm or a weapon having a blade that projects or
swings into position by force of a spring or by centrifugal
force, and who has been discharged from imprisonment,
parole { + , post-prison supervision + } or probation for said
offense for a period of 15 years prior to the date of alleged
violation of subsection (1) of this section; or
  (b) Granted relief from the disability under 18 U.S.C. 925(c)
  { - or ORS 166.274 - }  or has had the person's record expunged
under the laws of this state or equivalent laws of another
jurisdiction.
   { +  (5) A person described in subsection (4)(a) of this
section who is barred from possessing a firearm under ORS 166.250
(1)(c)(C) or barred from purchasing a firearm under ORS 166.470
(1)(b) may file a petition for relief from the bar in accordance
with ORS 166.274. + }
    { - (5) - }   { + (6) + } Felon in possession of a firearm is
a Class C felony. Felon in possession of a restricted weapon is a
Class A misdemeanor.
  SECTION 2. ORS 166.274 is amended to read:
  166.274. (1) A person barred from possessing   { - a firearm
under ORS 166.250 (1)(c)(A) to (E) or 166.270 or barred from - }
 { +  or + } purchasing a firearm   { - under ORS 166.470 (1)(a)
to (g) - }  may file a petition for relief from the bar
 { - in: - }  { +  in accordance with subsection (2) of this
section if:
  (a) The person is barred from:
  (A) Possessing a firearm under ORS 166.250 (1)(c)(A) to (E); or
  (B) Purchasing a firearm under ORS 166.470 (1)(a) to (g); and
  (b) The person is not barred from possessing a firearm under
ORS 166.270.
  (2) A petition for relief described in this section must be
filed in the circuit court in the petitioner's county of
residence. + }
    { - (a) A justice court in the petitioner's county of
residence that is reasonably accessible to the petitioner; or - }

    { - (b) If no justice court is reasonably accessible, the
circuit court. - }
    { - (2) - }  { +  (3) + } A person may apply once per
calendar year for relief under the provisions of this section.
    { - (3)(a) - }  { +  (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.
    { - (4)(a) - }  { +  (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.
    { - (5) - }  { +  (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.
    { - (6) - }  { +  (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.
    { - (7) - }  { +  (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.
    { - (8) - }  { +  (9) + } 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) - }  { +  (10) + } Filing fees shall be as for any
civil action filed in the court.
    { - (10)(a) - }  { +  (11)(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.
  SECTION 3. ORS 166.274, as amended by section 19, chapter 826,
Oregon Laws 2009, is amended to read:
  166.274. (1) 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:
  (A) + }   { - The person is barred from - }  Possessing a
firearm under ORS 166.250 (1)(c)(A) to (C)   { - or 166.270 - } ;
or
    { - (b) - }  { +  (B) + }   { - The person is barred from - }
Purchasing a firearm under ORS 166.470 (1)(a) to (d) or (g) { + ;
and
  (b) The person is not barred from possessing a firearm under
ORS 166.270 + }.
    { - (2) A petition for relief described in this section must
be filed in: - }
    { - (a) A justice court in the petitioner's county of
residence that is reasonably accessible to the petitioner; or - }

    { - (b) If no justice court is reasonably accessible, the
circuit court. - }
   { +  (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) 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) Filing fees shall be as for any civil action filed in the
court.
  (11)(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.
  SECTION 4. ORS 166.274, as amended by sections 19 and 20,
chapter 826, Oregon Laws 2009, is amended to read:

  166.274. (1) A person barred from possessing   { - a firearm
under ORS 166.250 (1)(c)(A) to (E) or 166.270 or barred from - }
 { +  or + } purchasing a firearm   { - under ORS 166.470 (1)(a)
to (g) - }  may file a petition for relief from the bar
 { - in: - }  { +  in accordance with subsection (2) of this
section if:
  (a) The person is barred from:
  (A) Possessing a firearm under ORS 166.250 (1)(c)(A) to (E); or
  (B) Purchasing a firearm under ORS 166.470 (1)(a) to (g); and
  (b) The person is not barred from possessing a firearm under
ORS 166.270.
  (2) A petition for relief described in this section must be
filed in the circuit court in the petitioner's county of
residence. + }
    { - (a) A justice court in the petitioner's county of
residence that is reasonably accessible to the petitioner; or - }

    { - (b) If no justice court is reasonably accessible, the
circuit court. - }
    { - (2) - }  { +  (3) + } A person may apply once per
calendar year for relief under the provisions of this section.
    { - (3)(a) - }  { +  (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.
    { - (4)(a) - }  { +  (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.
    { - (5) - }  { +  (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.
    { - (6) - }  { +  (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.
    { - (7) - }  { +  (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.
    { - (8) - }  { +  (9) + } 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) - }  { +  (10) + } Filing fees shall be as for any
civil action filed in the court.
    { - (10)(a) - }  { +  (11)(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.
  SECTION 5. ORS 166.250 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; - }
   { +  (D) Was committed under ORS 426.130 to either the
Department of Human Services or the Oregon Health Authority; + }
  (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) 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 has no storage location that is outside the
passenger compartment of the vehicle  { + or 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 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.
  (5) Unlawful possession of a firearm is a Class A misdemeanor.
  SECTION 6. 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; - }
   { +  (D) Was committed under ORS 426.130 to either the
Department of Human Services or the Oregon Health Authority; + }
  (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) 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 has no storage location that is outside the
passenger compartment of the vehicle  { + or 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 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.
  (5) Unlawful possession of a firearm is a Class A misdemeanor.
  SECTION 7. 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; - }
   { +  (D) Was committed under ORS 426.130 to either the
Department of Human Services or the Oregon Health Authority; + }
  (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) 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 has no storage location that is outside the
passenger compartment of the vehicle  { + or 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 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.
  (5) Unlawful possession of a firearm is a Class A misdemeanor.
  SECTION 8. 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.
  (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 { +  or 18 U.S.C. 925(c) or the
expunction laws of this state or an equivalent law of another
jurisdiction + }.
  (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 9. ORS 166.470 is amended to read:
  166.470. (1) Unless relief has been granted under ORS 166.274,
18 U.S.C. 925(c) or the expunction laws of this state or an
equivalent law of another jurisdiction, a person may not
intentionally sell, deliver or otherwise transfer any firearm
when the transferor knows or reasonably should know that the
recipient:
  (a) Is under 18 years of age;
  (b) Has been convicted of a felony;
  (c) Has any outstanding felony warrants for arrest;
  (d) Is free on any form of pretrial release for a felony;
    { - (e) Was committed to the Oregon Health Authority under
ORS 426.130; - }
   { +  (e) Was committed under ORS 426.130 to either the
Department of Human Services or the Oregon Health Authority; + }
  (f) After January 1, 1990, 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;
  (g) Has been convicted of a misdemeanor involving violence or
found guilty except for insanity under ORS 161.295 of a
misdemeanor involving violence within the previous four years. As
used in this paragraph, 'misdemeanor involving violence' means a
misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195
or 166.155 (1)(b); or
  (h) Has been found guilty except for insanity under ORS 161.295
of a felony.
  (2) A person may not sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
  (3) Subsection (1)(a) of this section does not prohibit:
  (a) The parent or guardian, or another person with the consent
of the parent or guardian, of a minor from transferring to the
minor a firearm, other than a handgun; or
  (b) The temporary transfer of any firearm to a minor for
hunting, target practice or any other lawful purpose.
  (4) Violation of this section is a Class A misdemeanor.
  SECTION 10. ORS 166.470, as amended by section 8, chapter 826,
Oregon Laws 2009, is amended to read:
  166.470. (1) Unless relief has been granted under ORS 166.274
or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C. 925(c)
or the expunction laws of this state or an equivalent law of
another jurisdiction, a person may not intentionally sell,
deliver or otherwise transfer any firearm when the transferor
knows or reasonably should know that the recipient:
  (a) Is under 18 years of age;
  (b) Has been convicted of a felony;
  (c) Has any outstanding felony warrants for arrest;
  (d) Is free on any form of pretrial release for a felony;
    { - (e) Was committed to the Oregon Health Authority under
ORS 426.130; - }
   { +  (e) Was committed under ORS 426.130 to either the
Department of Human Services or the Oregon Health Authority; + }
  (f) After January 1, 1990, 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;
  (g) Has been convicted of a misdemeanor involving violence or
found guilty except for insanity under ORS 161.295 of a
misdemeanor involving violence within the previous four years. As
used in this paragraph, 'misdemeanor involving violence' means a
misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195
or 166.155 (1)(b); or
  (h) Has been found guilty except for insanity under ORS 161.295
of a felony.
  (2) A person may not sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
  (3) Subsection (1)(a) of this section does not prohibit:
  (a) The parent or guardian, or another person with the consent
of the parent or guardian, of a minor from transferring to the
minor a firearm, other than a handgun; or
  (b) The temporary transfer of any firearm to a minor for
hunting, target practice or any other lawful purpose.
  (4) Violation of this section is a Class A misdemeanor.
  SECTION 11. ORS 166.470, as amended by sections 8 and 11,
chapter 826, Oregon Laws 2009, is amended to read:
  166.470. (1) Unless relief has been granted under ORS 166.274
or 18 U.S.C. 925(c) or the expunction laws of this state or an
equivalent law of another jurisdiction, a person may not
intentionally sell, deliver or otherwise transfer any firearm
when the transferor knows or reasonably should know that the
recipient:
  (a) Is under 18 years of age;
  (b) Has been convicted of a felony;
  (c) Has any outstanding felony warrants for arrest;
  (d) Is free on any form of pretrial release for a felony;
    { - (e) Was committed to the Oregon Health Authority under
ORS 426.130; - }
   { +  (e) Was committed under ORS 426.130 to either the
Department of Human Services or the Oregon Health Authority; + }
  (f) After January 1, 1990, 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;
  (g) Has been convicted of a misdemeanor involving violence or
found guilty except for insanity under ORS 161.295 of a
misdemeanor involving violence within the previous four years. As
used in this paragraph, 'misdemeanor involving violence' means a
misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195
or 166.155 (1)(b); or
  (h) Has been found guilty except for insanity under ORS 161.295
of a felony.
  (2) A person may not sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
  (3) Subsection (1)(a) of this section does not prohibit:
  (a) The parent or guardian, or another person with the consent
of the parent or guardian, of a minor from transferring to the
minor a firearm, other than a handgun; or
  (b) The temporary transfer of any firearm to a minor for
hunting, target practice or any other lawful purpose.
  (4) Violation of this section is a Class A misdemeanor.
  SECTION 12. 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; - }
   { +  (i) Has not been committed under ORS 426.130 to either
the Department of Human Services or the Oregon Health
Authority; + }
  (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 from its central bureau of criminal identification
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 the 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 - }  { + been committed under ORS 426.130 to either the
Department of Human Services or the Oregon Health Authority + },
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 ___

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 13. ORS 166.291, as amended by section 7, chapter 826,
Oregon Laws 2009, 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; - }
   { +  (i) Has not been committed under ORS 426.130 to either
the Department of Human Services or the Oregon Health
Authority; + }
  (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 from its central bureau of criminal identification
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 the 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 - }  { + been committed under ORS 426.130 to either the
Department of Human Services or the Oregon Health Authority + },
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 ___

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 14. ORS 166.291, as amended by sections 7 and 10,
chapter 826, Oregon Laws 2009, 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; - }
   { +  (i) Has not been committed under ORS 426.130 to either
the Department of Human Services or the Oregon Health
Authority; + }
  (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 from its central bureau of criminal identification
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 the 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 - }  { + been committed under ORS 426.130 to either the
Department of Human Services or the Oregon Health Authority + },
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 ___

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 15. ORS 131A.300 is amended to read:
  131A.300. (1) A judgment forfeiting property shall recite the
basis for the judgment.
  (2) After entry of a judgment forfeiting property, the
forfeiting agency may transfer good and sufficient title for the
property to purchasers and other transferees, and the title shall
be recognized by all courts and public bodies. Any public body
whose official functions include the issuance of certificates of
title or other evidence of title is immune from civil or criminal
liability if the issuance is pursuant to a judgment of
forfeiture.
  (3) If real property is forfeited under a judgment forfeiting
property, the forfeiting agency shall warrant the title of the
property against constitutional defect. A warranty under this
section is limited to the purchase price of the real property.
    { - (4) Forfeiture counsel shall send a copy of each judgment
entered in forfeiture proceedings, including ex parte judgments
entered under ORS 131A.200, to the Asset Forfeiture Oversight
Advisory Committee. - }
    { - (5) - }  { +  (4) + } A forfeiting agency may apply to
any circuit court judge for a writ of assistance directing the
sheriff of the county to assist the forfeiting agency in seizing
property identified in a judgment forfeiting property.
  SECTION 16. ORS 131.588 is amended to read:
  131.588. (1) If no financial institution has filed the
affidavit described in ORS 131.579 (1), and if the court has
failed to uphold the claim or affidavit of any other person
claiming an interest in the property, the effect of the judgment
is that:
  (a) Title to the property passes to the seizing agency free of
any interest or encumbrance thereon in favor of any person who
has been given notice;
  (b) The seizing agency may transfer good and sufficient title
to any subsequent purchaser or transferee, and all courts, the
state and the departments and agencies of this state, and any
political subdivision shall recognize the title. In the case of
real property, the seizing agency shall warrant the title against
constitutional defect. A warranty under this paragraph is limited
to the purchase price of the real property; and
  (c) Any department, agency or officer of this state or any
political subdivision whose official functions include the
issuance of certificates or other evidence of title is immune
from civil or criminal liability when such issuance is pursuant
to a judgment of criminal forfeiture.
  (2) If an affidavit is filed by a financial institution under
ORS 131.579 (1), or if a person files an affidavit under ORS
131.579 (2):
  (a) The court shall foreclose all security interests, liens and
vendor's interests of financial institutions and claimants as to
which the court determines that there is a legal or equitable
basis for foreclosure; and
  (b) All other interests applicable to the property that are not
foreclosed or otherwise eliminated through a judgment of
foreclosure, if and to the extent that they are valid and
subsisting, remain in effect and the property remains subject to
them upon completion of the criminal forfeiture proceeding.
  (3) Notwithstanding any other provision of law, if a financial
institution or other person has filed an affidavit described in
ORS 131.579, or if the court has upheld the claim of any
claimant, then as to each item of property seized:
  (a) If the court has determined that the property should not be
forfeited and has not foreclosed the security interests, liens or
other interests covering the property, the court shall render
judgment in favor of the owner of the property, the property must
be returned to the owner and all security interests, liens and
other interests applicable to the property remain in effect as
though the property had never been seized. If the property is a
motor vehicle with a hidden compartment, the seizing agency is
not liable for any diminution in the value of the property as a
result of disabling the compartment. Upon the return of the
property to the owner, the seizing agency shall pay all costs and
expenses relating to towing and storage of the property and shall
cause to be discharged any possessory chattel liens on the
property arising under ORS 87.152 to 87.162 that have attached to
the property since the seizure.
  (b) If the court has determined that the property should not be
forfeited and has foreclosed one or more interests covering the
property, including security interests or liens covering the
property or contracts for the transfer or conveyance of the
property, the seizing agency shall pay all costs and expenses
relating to towing and storage of the property and shall cause to
be discharged any possessory chattel liens on the property
arising under ORS 87.152 to 87.162 that have attached to the
property since the seizure, and the court shall order the
property sold pursuant to a sheriff's sale or other sale
authorized by the court within such time as may be prescribed by
the court following entry of the judgment. If any interests
covering the property have not been foreclosed, including any
liens or security interests of a claimant whose claim has been
upheld, or of a financial institution that has filed the
affidavit described in ORS 131.579, the property must be sold
subject to those interests. The judgment shall order the proceeds
of the sale applied in the following order:
  (A) To the payment of the costs of the sale;
  (B) If the property is a motor vehicle with a hidden
compartment, to reimburse the seizing agency for the cost of
disabling the hidden compartment;
  (C) To the satisfaction of the foreclosed liens, security
interests and contracts in order of their priority; and
  (D) The excess, if any, to the owner of the property.
  (c) If the court has determined that the property should be
forfeited and has foreclosed one or more security interests,
liens, contracts or other interests covering the property, the
seizing agency shall pay all costs and expenses relating to
towing and storage of the property and shall cause to be
discharged any possessory chattel liens on the property arising
under ORS 87.152 to 87.162 that have attached to the property
since the seizure, and the court shall order the property sold
pursuant to a sheriff's sale or other sale authorized by the
court. If any interest in the property was claimed by a financial
institution or other claimant and the interest was upheld but not
foreclosed, the property must be sold subject to the interest.
The sale of the property must be held within such time as may be
prescribed by the court following entry of the judgment. The
judgment shall also order the proceeds of such sale applied in
the following order:
  (A) To the payment of the costs of the sale;
  (B) If the property is a motor vehicle with a hidden
compartment, to reimburse the seizing agency for the cost of
disabling the hidden compartment;
  (C) To the satisfaction of the foreclosed liens, security
interests and contracts in the order of their priority; and
  (D) The excess, if any, to the seizing agency to be disposed of
as provided in ORS 131.594 or 131.597.
  (d) If the court has determined that the property should be
forfeited and has not foreclosed the interests of any party in
the property, the seizing agency shall pay all costs and expenses
relating to towing and storage of the property and shall cause to
be discharged any possessory chattel liens on the property
arising under ORS 87.152 to 87.162 that have attached to the
property since the seizure. The court shall enter a judgment
awarding the property to the seizing agency, subject to the
interests of any claimants whose claims or affidavits were upheld
by the court, and subject to the interests of any financial
institutions that filed affidavits under ORS 131.579 (1), that
remain in full force and effect. If the property is a motor
vehicle with a hidden compartment, the interests of any claimants
or financial institutions shall be reduced on a pro rata basis by
the cost of disabling the hidden compartment.
  (4) Upon motion of the state, the court may include in the
judgment of criminal forfeiture an order that directs the seizing
agency to distribute to the victim of the crime of conviction a
portion of any proceeds from property received by the seizing
agency if the court included an order of restitution in the
criminal judgment.
  (5) The seizing agency is not liable to any person as a
consequence of obedience to a judgment directing conveyance to a
financial institution.
    { - (6) The forfeiture counsel shall send a copy of the
judgment to the Asset Forfeiture Oversight Advisory
Committee. - }
    { - (7)(a) - }  { +  (6)(a) + } On entry of judgment for a
claimant in any proceeding to forfeit property under ORS 131.550
to 131.600, unless the court has foreclosed one or more security
interests, liens or other interests covering the property, the
property or interest in property must be returned or conveyed
immediately to the claimant designated by the court.
  (b) If it appears that there was reasonable suspicion that the
property was subject to criminal forfeiture, the court shall
cause a finding to be entered and no claimant or financial
institution is entitled to damages nor is the person who made the
seizure, the seizing agency or forfeiture counsel liable to suit
or judgment on account of the seizure or action. An order
directing seizure issued under ORS 131.561 constitutes a finding
of reasonable suspicion that the property was subject to criminal
forfeiture.
    { - (8) - }  { +  (7) + } Except for deficiencies resulting
from disabling a hidden compartment in a motor vehicle with a
hidden compartment, nothing in this section prevents a claimant
or financial institution from obtaining any deficiency to which
the claimant or financial institution would otherwise be
entitled.
    { - (9) - }  { +  (8) + } Nothing in this section or in ORS
131.564 prevents a seizing agency from entering into an agreement
with a claimant or other person for the reimbursement of the
seizing agency for the costs and expenses relating to towing and
storage of property or the cost of discharging any possessory
chattel lien on the property arising under ORS 87.152 to 87.162
that attached to the property in the period between the seizure
of the property and the release or criminal forfeiture of the
property.
  SECTION 17.  { + (1) The amendments to ORS 166.250, 166.274,
166.291 and 166.470 by sections 3, 6, 10 and 13 of this 2010 Act
become operative on the date the rule described in section 13
(1), chapter 826, Oregon Laws 2009, is adopted.

  (2) The amendments to ORS 166.250, 166.274, 166.291 and 166.470
by sections 4, 7, 11 and 14 of this 2010 Act become operative on
January 2, 2012. + }
  SECTION 18.  { + This 2010 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2010 Act takes effect on
its passage. + }
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