77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1799

                         House Bill 2369

Sponsored by Representative THATCHER; Senators BOQUIST, GEORGE
  (at the request of Roger Bailey) (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.

  Provides honorably retired law enforcement officers with
protections provided to Oregon concealed handgun license holders.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to retired law enforcement officers; amending ORS
  166.173, 166.260, 166.262, 166.370, 166.663 and 821.240; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.173 is amended to read:
  166.173. (1) A city or county may adopt ordinances to regulate,
restrict or prohibit the possession of loaded firearms in public
places as defined in ORS 161.015.
  (2) Ordinances adopted under subsection (1) of this section do
not apply to or affect:
  (a) A law enforcement officer in the performance of official
duty.
  (b) A member of the military in the performance of official
duty.
  (c) A person licensed to carry a concealed handgun.
  (d) A person authorized to possess a loaded firearm while in or
on a public building or court facility under ORS 166.370.
  (e) An employee of the United States Department of Agriculture,
acting within the scope of employment, who possesses a loaded
firearm in the course of the lawful taking of wildlife.
   { +  (f) An honorably retired law enforcement officer. + }
  SECTION 2. ORS 166.260, as amended by section 3, chapter 106,
Oregon Laws 2012, 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:
  (A) The Army, Navy, Air Force, Coast Guard or Marine Corps of
the United States, or of the National Guard, when on duty;
  (B) The commissioned corps of the National Oceanic and
Atmospheric Administration; or
  (C) The Public Health Service of the United States Department
of Health and Human Services, when detailed by proper authority
for duty with the Army or Navy of the United States.
  (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.
   { +  (i) An honorably retired law enforcement officer. + }
  (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.
  (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) - }
 { + (i) + } of this section constitute affirmative defenses to a
charge of violating ORS 166.250.
  SECTION 3. 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) An honorably retired law enforcement officer. + }
    { - (e) - }   { + (f) + } 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) - }   { + (g) + } 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) - }   { + (h) + } 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) - }
 { + (h) + } 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 4. 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 { + :
  (1) + } A valid license to carry a firearm as provided in ORS
166.291 and 166.292.
   { +  (2) Proof that the person is an honorably retired law
enforcement officer. + }
  SECTION 5. ORS 166.663 is amended to read:
  166.663. (1) A person may not cast from a motor vehicle an
artificial light while there is in the possession or in the
immediate physical presence of the person a bow and arrow or a
rifle, gun, revolver or other firearm.
  (2) Subsection (1) of this section does not apply to a person
casting an artificial light:
  (a) From the headlights of a motor vehicle that is being
operated on a road in the usual manner.
  (b) When the bow and arrow, rifle, gun, revolver or other
firearm that the person has in the possession or immediate
physical presence of the person is disassembled or stored, or in
the trunk or storage compartment of the motor vehicle.
  (c) When the ammunition or arrows are stored separate from the
weapon.
  (d) On land owned or lawfully occupied by that person.
  (e) On publicly owned land when that person has an agreement
with the public body to use that property.
  (f) When the person is a peace officer or government employee
engaged in the performance of official duties.

  (g) When the person has been issued a license under ORS 166.291
and 166.292 to carry a concealed   { - weapon - }  { +
handgun + }.
   { +  (h) When the person is an honorably retired law
enforcement officer. + }
  (3) A peace officer may issue a citation to a person for a
violation of subsection (1) of this section when the violation is
committed in the presence of the peace officer or when the peace
officer has probable cause to believe that a violation has
occurred based on a description of the vehicle or other
information received from a peace officer who observed the
violation.
  (4) Violation of subsection (1) of this section is punishable
as a Class B violation.
  (5) As used in this section, 'peace officer' has the meaning
given that term in ORS 161.015.
  SECTION 6. ORS 821.240 is amended to read:
  821.240. (1) A person commits the offense of operating a
snowmobile or an all-terrain vehicle while carrying a firearm or
bow if the person operates any snowmobile or all-terrain vehicle
with a firearm in the possession of the person, unless the
firearm is unloaded, or with a bow, unless all arrows are in a
quiver.
  (2) Subsection (1) of this section does not apply to { + :
  (a) + } A person who is licensed under ORS 166.291 and 166.292
to carry a concealed handgun.
   { +  (b) An honorably retired law enforcement officer. + }
  (3) As used in this section, 'unloaded' means:
  (a) If the firearm is a revolver, that there is no live
cartridge in the chamber that is aligned with the hammer of the
revolver;
  (b) If the firearm is a muzzle-loading firearm, that the
firearm is not capped or primed; or
  (c) If the firearm is other than a revolver or a muzzle-loading
firearm, that there is no live cartridge in the chamber.
  (4) The offense described in this section, operating a
snowmobile or an all-terrain vehicle while carrying a firearm or
bow, is a Class B traffic violation.
  SECTION 7.  { + 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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