Bill Text: OR SB1551 | 2012 | Regular Session | Introduced

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Bill Title: Relating to weapons; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [SB1551 Detail]

Download: Oregon-2012-SB1551-Introduced.html

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     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 35

                        Senate Bill 1551

Sponsored by Senator BURDICK (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.

  Eliminates affirmative defense exempting concealed handgun
licensees from crime applicable to possession of firearm or other
instrument used as dangerous weapon, while in public building or
on grounds adjacent to public building.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to weapons; amending ORS 166.262 and 166.370; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.370 is amended to read:
  166.370. (1) Any person who intentionally possesses a loaded or
unloaded firearm or any other instrument used as a dangerous
weapon, while in or on a public building, shall upon conviction
be guilty of a Class C felony.
  (2)(a) Except as otherwise provided in paragraph (b) of this
subsection, a person who intentionally possesses:
  (A) A firearm in a court facility is guilty, upon conviction,
of a Class C felony. A person who intentionally possesses a
firearm in a court facility shall surrender the firearm to a law
enforcement officer.
  (B) A weapon, other than a firearm, in a court facility may be
required to surrender the weapon to a law enforcement officer or
to immediately remove it from the court facility. A person who
fails to comply with this subparagraph is guilty, upon
conviction, of a Class C felony.
  (b) The presiding judge of a judicial district may enter an
order permitting the possession of specified weapons in a court
facility.
  (3) Subsection (1) of this section does not apply to:
  (a) A sheriff, police officer, other duly appointed peace
officers or a corrections officer while acting within the scope
of employment.
  (b) A person summoned by a peace officer to assist in making an
arrest or preserving the peace, while the summoned person is
engaged in assisting the officer.
  (c) An active or reserve member of the military forces of this
state or the United States, when engaged in the performance of
duty.
    { - (d) A person who is licensed under ORS 166.291 and
166.292 to carry a concealed handgun. - }
    { - (e) - }  { +  (d) + } A person who is authorized by the
officer or agency that controls the public building to possess a
firearm or dangerous weapon in that public building.
    { - (f) - }  { +  (e) + } An employee of the United States
Department of Agriculture, acting within the scope of employment,
who possesses a firearm in the course of the lawful taking of
wildlife.
    { - (g) - }  { +  (f) + } Possession of a firearm on school
property if the firearm:
  (A) Is possessed by a person who is not otherwise prohibited
from possessing the firearm; and
  (B) Is unloaded and locked in a motor vehicle.
  (4) The exceptions listed in subsection (3)(b) to   { - (g) - }
 { +  (f) + } of this section constitute affirmative defenses to
a charge of violating subsection (1) of this section.
  (5)(a) Any person who knowingly, or with reckless disregard for
the safety of another, discharges or attempts to discharge a
firearm at a place that the person knows is a school shall upon
conviction be guilty of a Class C felony.
  (b) Paragraph (a) of this subsection does not apply to the
discharge of a firearm:
  (A) As part of a program approved by a school in the school by
an individual who is participating in the program;
  (B) By a law enforcement officer acting in the officer's
official capacity; or
  (C) By an employee of the United States Department of
Agriculture, acting within the scope of employment, in the course
of the lawful taking of wildlife.
  (6) Any weapon carried in violation of this section is subject
to the forfeiture provisions of ORS 166.279.
  (7) Notwithstanding the fact that a person's conduct in a
single criminal episode constitutes a violation of both
subsections (1) and (5) of this section, the district attorney
may charge the person with only one of the offenses.
  (8) As used in this section, 'dangerous weapon' means a
dangerous weapon as that term is defined in ORS 161.015.
  SECTION 2. ORS 166.262 is amended to read:
  166.262. A peace officer may not arrest or charge a person for
violating ORS 166.250 (1)(a) or (b)   { - or 166.370 (1) - }  if
the person has in the person's immediate possession a valid
license to carry a firearm as provided in ORS 166.291 and
166.292.
  SECTION 3.  { + 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. + }
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