Bill Text: OR SB699 | 2013 | Regular Session | Amended

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

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Bill Title: Relating to weapons; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB699 Detail]

Download: Oregon-2013-SB699-Amended.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to SB 699

LC 3079/SB 699-6

                      SENATE AMENDMENTS TO
                         SENATE BILL 699

                    By COMMITTEE ON JUDICIARY

                              May 7

  On page 1 of the printed bill, delete lines 4 through 30 and
delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + } ORS 166.360 is amended to read:
  ' 166.360. As used in ORS 166.360 to 166.380, unless the
context requires otherwise:
  ' (1) 'Capitol building' means the Capitol, the State Office
Building, the State Library Building, the Labor and Industries
Building, the State Transportation Building, the Agriculture
Building or the Public Service Building and includes any new
buildings which may be constructed on the same grounds as an
addition to the group of buildings listed in this subsection.
  ' (2) 'Court facility' means a courthouse or that portion of
any other building occupied by a circuit court, the Court of
Appeals, the Supreme Court or the Oregon Tax Court or occupied by
personnel related to the operations of those courts, or in which
activities related to the operations of those courts take place.
  ' (3) 'Loaded firearm' means:
  ' (a) A breech-loading firearm in which there is an unexpended
cartridge or shell in or attached to the firearm including but
not limited to, in a chamber, magazine or clip which is attached
to the firearm.
  ' (b) A muzzle-loading firearm which is capped or primed and
has a powder charge and ball, shot or projectile in the barrel or
cylinder.
  ' (4) 'Public building' means a hospital, a capitol building, a
 { - public or private - }  school  { - , - }  as defined in ORS
339.315, a college or university, a city hall { + , + }
 { - or - }  the residence of any state official elected by the
state at large  { - , - }  { +  or any other building owned or
occupied by a public body as defined in ORS 174.109 + } and the
grounds adjacent to each such building.   { - The term also
includes that portion of any other building occupied by an agency
of the state or a municipal corporation, as defined in ORS
297.405, other than - }  { +  'Public building' does not
include + } a court facility.
  ' (5) 'Weapon' means:
  ' (a) A firearm;
  ' (b) Any dirk, dagger, ice pick, slingshot, metal knuckles or
any similar instrument or a knife other than an ordinary pocket
knife, the use of which could inflict injury upon a person or
property;
  ' (c) Mace, tear gas, pepper mace or any similar deleterious
agent as defined in ORS 163.211;
  ' (d) An electrical stun gun or any similar instrument;
  ' (e) A tear gas weapon as defined in ORS 163.211;
  ' (f) A club, bat, baton, billy club, bludgeon, knobkerrie,
nunchaku, nightstick, truncheon or any similar instrument, the
use of which could inflict injury upon a person or property; or
  ' (g) A dangerous or deadly weapon as those terms are defined
in ORS 161.015.
  '  { +  SECTION 2. + } 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  { - , - }  { +  or + } other
duly appointed peace   { - officers - }  { +  officer, whether
active or retired, provided that the possession by a retired
officer is not otherwise prohibited by law, + } 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 { + , provided that the firearm is
concealed from view + }.
  ' (e) 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) 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) 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) 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 3. + } ORS 166.262 is amended to read:
  ' 166.262.  { + Except as provided in ORS 166.370 (3)(d),  + }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 4. + }  { + This 2013 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2013 Act
takes effect on its passage. + } ' .
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