Bill Text: OR SB762 | 2011 | Regular Session | Introduced

Oregon Senate Bill 762 (Prior Session Legislation)

Introduced

Bill Title: Relating to firearms.

Sponsorship: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB762 Detail]

Download: Oregon-2011-SB762-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3291-1

                         Senate Bill 762

Sponsored by 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 as
introduced.

  Allows persons convicted of felony to petition for restoration
of firearm rights not sooner than 10 years after date of
conviction or date person completes sentence, whichever is later.
  Becomes operative only if amendment to Oregon Constitution
by Senate Joint Resolution 31 (2011) is approved by people at
next regular general election.

                        A BILL FOR AN ACT
Relating to firearms; creating new provisions; and amending ORS
  166.274.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.274, as amended by sections 19 and 20,
chapter 826, Oregon Laws 2009, and section 3, chapter 86, Oregon
Laws 2010, is amended to read:
  166.274. (1) { + (a) + } A person barred from possessing a
firearm under ORS 166.250 (1)(c)(A) to (E) or 166.270 or barred
from purchasing a firearm under ORS 166.470 (1)(a) to (g) may
file a petition for relief from the bar in the circuit court in
the petitioner's county of residence.
   { +  (b) If a person is barred from possessing or purchasing a
firearm as the result of a felony conviction, the person may file
a petition for relief under this section no sooner than 10 years
after the date the person is convicted of the felony or the date
the person completes serving the sentence imposed, whichever is
later. + }
  (2) A person may apply once per calendar year for relief under
the provisions of this section.
  (3)(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) 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) 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) 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) 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) 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) Filing fees shall be as for any civil action filed in the
court.
  (10)(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 2.  { + This 2011 Act does not become operative unless
the amendment to the Oregon Constitution proposed by Senate Joint
Resolution 31 (2011) is approved by the people at the next
regular general election. If Senate Joint Resolution 31 (2011) is
approved by the people, this 2011 Act becomes operative on
January 1, 2013. + }
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