Long read, poorly written, confusing, Etc..,Etc.
78th OREGON LEGISLATIVE ASSEMBLY--2015 Regular Session
Enrolled
Senate Bill 941
Sponsored by Senators PROZANSKI, BURDICK, Representatives WILLIAMSON, HOYLE; Senators
BATES, DEMBROW, HASS, MONNES ANDERSON, MONROE, RILEY, ROSENBAUM,
STEINER HAYWARD, Representatives BARNHART, BUCKLEY, DOHERTY, FAGAN,
FREDERICK, GORSEK, GREENLICK, HOLVEY, KENY-GUYER, LININGER, MCLAIN, SMITH
WARNER, TAYLOR, VEGA PEDERSON
CHAPTER .................................................
AN ACT
Relating to firearms; creating new provisions; amending ORS 166.250, 166.291, 166.412, 166.422,
166.432, 166.433, 166.434, 166.436, 166.438, 166.460, 166.470, 181.150, 181.740 and 426.133; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2015 Act and the amendments to ORS 166.250, 166.291,
166.412, 166.422, 166.432, 166.433, 166.434, 166.436, 166.438, 166.460, 166.470, 181.150, 181.740 and
426.133 by sections 3 to 19 of this 2015 Act shall be known and may be cited as the "Oregon
Firearms Safety Act."
SECTION 2. (1) As used in this section:
(a) "Transfer" means the delivery of a firearm from a transferor to a transferee, including,
but not limited to, the sale, gift, loan or lease of the firearm. "Transfer" does not
include the temporary provision of a firearm to a transferee if the transferor has no reason
to believe the transferee is prohibited from possessing a firearm or intends to use the
firearm in the commission of a crime, and the provision occurs:
(A) At a shooting range, shooting gallery or other area designed for the purpose of target
shooting, for use during target practice, a firearms safety or training course or class or a
similar lawful activity;
(B) For the purpose of hunting, trapping or target shooting, during the time in which the
transferee is engaged in activities related to hunting, trapping or target shooting;
(C) Under circumstances in which the transferee and the firearm are in the presence of
the transferor;
(D) To a transferee who is in the business of repairing firearms, for the time during
which the firearm is being repaired;
(E) To a transferee who is in the business of making or repairing custom accessories for
firearms, for the time during which the accessories are being made or repaired; or
(F) For the purpose of preventing imminent death or serious physical injury, and the
provision lasts only as long as is necessary to prevent the death or serious physical injury.
(b) "Transferee" means a person who is not a gun dealer or licensed as a manufacturer
or importer under 18 U.S.C. 923 and who intends to receive a firearm from a transferor.
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(c) "Transferor" means a person who is not a gun dealer or licensed as a manufacturer
or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferee.
(2) Except as provided in ORS 166.436 and 166.438 and subsection (4) of this section, a
transferor may not transfer a firearm to a transferee unless the transfer is completed
through a gun dealer as described in subsection (3) of this section.
(3)(a) A transferor may transfer a firearm to a transferee only as provided in this section.
Except as provided in paragraph (b) of this subsection, prior to the transfer both the
transferor and the transferee must appear in person before a gun dealer, with the firearm,
and request that the gun dealer perform a criminal background check on the transferee.
(b) If the transferor and the transferee reside over 40 miles from each other, the
transferor may ship or deliver the firearm to a gun dealer located near the transferee or a
gun dealer designated by the transferee, and the transferor need not appear before the gun
dealer in person.
(c) A gun dealer who agrees to complete a transfer of a firearm under this section shall
request a criminal history record check on the transferee as described in ORS 166.412 and
shall comply with all requirements of federal law.
(d) If, upon completion of a criminal background check, the gun dealer:
(A) Receives a unique approval number from the Department of State Police indicating
that the transferee is qualified to complete the transfer, the gun dealer shall notify the
transferor, enter the firearm into the gun dealer's inventory and transfer the firearm to the
transferee.
(B) Receives notification that the transferee is prohibited by state or federal law from
possessing or receiving the firearm, the gun dealer shall notify the transferor and neither
the transferor nor the gun dealer shall transfer the firearm to the transferee. If the
transferor shipped or delivered the firearm to the gun dealer pursuant to paragraph (b) of
this subsection, the gun dealer shall comply with federal law when returning the firearm to
the transferor.
(e) A gun dealer may charge a reasonable fee for facilitating a firearm transfer pursuant
to this section.
(4) The requirements of subsections (2) and (3) of this section do not apply to:
(a) The transfer of a firearm by or to a law enforcement agency, or by or to a law
enforcement officer, private security professional or member of the Armed Forces of the
United States, while that person is acting within the scope of official duties.
(b) The transfer of a firearm as part of a firearm turn-in or buyback event, in which a
law enforcement agency receives or purchases firearms from members of the public.
(c) The transfer of a firearm to:
(A) A transferor's spouse or domestic partner;
(B) A transferor's parent or stepparent;
(C) A transferor's child or stepchild;
(D) A transferor's sibling;
(E) A transferor's grandparent;
(F) A transferor's grandchild;
(G) A transferor's aunt or uncle;
(H) A transferor's first cousin;
(I) A transferor's niece or nephew; or
(J) The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of
this paragraph.
(d) The transfer of a firearm that occurs because of the death of the firearm owner,
provided that:
(A) The transfer is conducted or facilitated by a personal representative, as defined in
ORS 111.005, or a trustee of a trust created in a will; and
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(B) The transferee is related to the deceased firearm owner in a manner specified in
paragraph (c) of this subsection.
(5)(a) A transferor who fails to comply with the requirements of this section commits a
Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, a transferor who fails to comply
with the requirements of this section commits a Class B felony if the transferor has a previous
conviction under this section at the time of the offense.
SECTION 3. ORS 166.436 is amended to read:
166.436. (1) The Department of State Police shall make the telephone number established under
ORS 166.412 (5) available for requests for criminal background checks under this section from
persons [other than] who are not gun dealers and who are transferring firearms at gun shows
[for criminal background checks under this section].
(2) Prior to transferring a firearm at a gun show, a transferor [other than] who is not a gun
dealer may request by telephone that the department conduct a criminal background check on the
recipient and shall provide the following information to the department:
(a) The name, address and telephone number of the transferor;
(b) The make, model, caliber and manufacturer's number of the firearm being transferred;
(c) The name, date of birth, race, sex and address of the recipient;
(d) The Social Security number of the recipient if the recipient voluntarily provides that number;
(e) The address of the place where the transfer is occurring; and
(f) The type, issuer and identification number of a current piece of identification bearing a recent
photograph of the recipient presented by the recipient. The identification presented by the recipient
must meet the requirements of ORS 166.412 (4)(a).
(3)(a) Upon receipt of a request for a criminal background check under this section, the department
shall immediately, during the telephone call or by return call:
(A) Determine from criminal records and other information available to it whether the recipient
is disqualified under ORS 166.470 from completing the transfer or is otherwise prohibited by state
or federal law from possessing a firearm; and
(B) Notify the transferor when a recipient is disqualified from completing the transfer or provide
the transferor with a unique approval number indicating that the recipient is qualified to complete
the transfer. The unique approval number is a permit valid for 24 hours for the requested transfer.
If the firearm is not transferred from the transferor to the recipient within 24 hours after receipt
of the unique approval number, a new request must be made by the transferor.
(b) If the department is unable to determine whether the recipient is qualified for or disqualified
from completing the transfer within 30 minutes of receiving the request, the department shall notify
the transferor and provide the transferor with an estimate of the time when the department will
provide the requested information.
(4) A public employee or public agency incurs no criminal or civil liability for performing the
criminal background checks required by this section, provided the employee or agency acts in good
faith and without malice.
(5)(a) The department may retain a record of the information obtained during a request for a
criminal background check under this section for the period of time provided in ORS 166.412 (7).
(b) The record of the information obtained during a request for a criminal background check
under this section is exempt from disclosure under public records law.
(c) If the department determines that a recipient is prohibited from possessing a firearm
under ORS 166.250 (1)(c), as soon as practicable, the department may report the attempted
transfer and the recipient's name to the appropriate law enforcement agency.
(6) The recipient of the firearm must be present when the transferor requests a criminal background
check under this section.
(7)(a) Except as otherwise provided in [paragraphs (b) and (c)] paragraph (b) of this subsection,
a transferor who receives notification under this section that the recipient is qualified to complete
the transfer of a firearm, has the recipient fill out the form required by ORS 166.438 (1)(a) and
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retains the form as required by ORS 166.438 (2) is immune from civil liability for any use of the
firearm from the time of the transfer unless the transferor knows, or reasonably should know, that
the recipient is likely to commit an unlawful act involving the firearm.
[(b) If the transferor is required to request a criminal background check under ORS 166.438, the
immunity provided by paragraph (a) of this subsection applies only if, in addition to receiving the notification
required by this section, the transferor has the recipient fill out the form required by ORS
166.438 (1)(a) and retains the form as required by ORS 166.438 (2).]
[(c)] (b) The immunity provided by paragraph (a) of this subsection does not apply:
(A) If the transferor knows, or reasonably should know, that the recipient of the firearm intends
to deliver the firearm to a third person who the transferor knows, or reasonably should know, may
not lawfully possess the firearm; or
(B) In any product liability civil action under ORS 30.900 to 30.920.
SECTION 4. ORS 166.412 is amended to read:
166.412. (1) As used in this section:
(a) "Antique firearm" has the meaning given that term in 18 U.S.C. 921;
(b) "Department" means the Department of State Police;
(c) "Firearm" has the meaning given that term in ORS 166.210, except that it does not include
an antique firearm;
(d) "Firearms transaction record" means the firearms transaction record required by 18 U.S.C.
921 to 929;
(e) "Firearms transaction thumbprint form" means a form provided by the department under
subsection (11) of this section;
(f) "Gun dealer" means a person engaged in the business, as defined in 18 U.S.C. 921, of selling,
leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or
otherwise;
(g) "Handgun" has the meaning given that term in ORS 166.210; and
(h) "Purchaser" means a person who buys, leases or otherwise receives a firearm from a gun
dealer.
(2) Except as provided in subsections (3)(c) and (12) of this section, a gun dealer shall comply
with the following before a handgun is delivered to a purchaser:
(a) The purchaser shall present to the dealer current identification meeting the requirements
of subsection (4) of this section.
(b) The gun dealer shall complete the firearms transaction record and obtain the signature of
the purchaser on the record.
(c) The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction
thumbprint form and attach the form to the gun dealer's copy of the firearms transaction record to
be filed with that copy.
(d) The gun dealer shall request by telephone that the department conduct a criminal history
record check on the purchaser and shall provide the following information to the department:
(A) The federal firearms license number of the gun dealer;
(B) The business name of the gun dealer;
(C) The place of transfer;
(D) The name of the person making the transfer;
(E) The make, model, caliber and manufacturer's number of the handgun being transferred;
(F) The name and date of birth of the purchaser;
(G) The Social Security number of the purchaser if the purchaser voluntarily provides this
number to the gun dealer; and
(H) The type, issuer and identification number of the identification presented by the purchaser.
(e) The gun dealer shall receive a unique approval number for the transfer from the department
and record the approval number on the firearms transaction record and on the firearms transaction
thumbprint form.
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(f) The gun dealer may destroy the firearms transaction thumbprint form five years after the
completion of the firearms transaction thumbprint form.
(3)(a) Upon receipt of a request of the gun dealer for a criminal history record check, the department
shall immediately, during the gun dealer's telephone call or by return call:
(A) Determine, from criminal records and other information available to it, whether the purchaser
is disqualified under ORS 166.470 from completing the purchase; and
(B) Notify the dealer when a purchaser is disqualified from completing the transfer or provide
the dealer with a unique approval number indicating that the purchaser is qualified to complete the
transfer.
(b) If the department is unable to determine if the purchaser is qualified or disqualified from
completing the transfer within 30 minutes, the department shall notify the dealer and provide the
dealer with an estimate of the time when the department will provide the requested information.
(c) If the department fails to provide a unique approval number to a gun dealer or to notify the
gun dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close
of the gun dealer's next business day following the request by the dealer for a criminal history record
check, the dealer may deliver the handgun to the purchaser.
(4)(a) Identification required of the purchaser under subsection (2) of this section shall include
one piece of current identification bearing a photograph and the date of birth of the purchaser that:
(A) Is issued under the authority of the United States Government, a state, a political subdivision
of a state, a foreign government, a political subdivision of a foreign government, an international
governmental organization or an international quasi-governmental organization; and
(B) Is intended to be used for identification of an individual or is commonly accepted for the
purpose of identification of an individual.
(b) If the identification presented by the purchaser under paragraph (a) of this subsection does
not include the current address of the purchaser, the purchaser shall present a second piece of
current identification that contains the current address of the purchaser. The Superintendent of
State Police may specify by rule the type of identification that may be presented under this paragraph.
(c) The department may require that the dealer verify the identification of the purchaser if that
identity is in question by sending the thumbprints of the purchaser to the department.
(5) The department shall establish a telephone number that shall be operational seven days a
week between the hours of 8 a.m. and 10 p.m. for the purpose of responding to inquiries from
dealers for a criminal history record check under this section.
(6) No public employee, official or agency shall be held criminally or civilly liable for performing
the investigations required by this section provided the employee, official or agency acts in good
faith and without malice.
(7)(a) The department may retain a record of the information obtained during a request for a
criminal [records] history record check for no more than five years.
(b) The record of the information obtained during a request for a criminal [records] history
record check by a gun dealer is exempt from disclosure under public records law.
(c) If the department determines that a purchaser is prohibited from possessing a
firearm under ORS 166.250 (1)(c), as soon as practicable, the department may report the attempted
transfer and the purchaser's name to the appropriate law enforcement agency.
(8) A law enforcement agency may inspect the records of a gun dealer relating to transfers of
handguns with the consent of a gun dealer in the course of a reasonable inquiry during a criminal
investigation or under the authority of a properly authorized subpoena or search warrant.
(9) When a handgun is delivered, it shall be unloaded.
(10) In accordance with applicable provisions of ORS chapter 183, the Superintendent of State
Police may adopt rules necessary for:
(a) The design of the firearms transaction thumbprint form;
(b) The maintenance of a procedure to correct errors in the criminal records of the department;
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(c) The provision of a security system to identify dealers who request a criminal history record
check under subsection (2) of this section; and
(d) The creation and maintenance of a database of the business hours of gun dealers.
(11) The department shall publish the firearms transaction thumbprint form and shall furnish the
form to gun dealers on application at cost.
(12) This section does not apply to transactions between persons licensed as dealers under 18
U.S.C. 923.
(13)(a) If requested by a transferor who is not a gun dealer, a gun dealer may request a
criminal background check pursuant to ORS 166.438 or section 2 of this 2015 Act and may
charge a reasonable fee for providing the service.
(b) A gun dealer that requests a criminal background check under this subsection is
immune from civil liability for any use of the firearm by the recipient or transferee, provided
that the gun dealer requests the criminal background check as described in this section.
SECTION 5. ORS 166.422 is amended to read:
166.422. Where appropriate, a person may enforce the legal duties imposed by ORS 166.412
(7)(a) or (b), by the provisions of ORS 30.260 to 30.300 and ORS chapter 183.
SECTION 6. ORS 166.432 is amended to read:
166.432. (1) As used in ORS 166.412, 166.433, 166.434, 166.436 and 166.438 and section 2 of this
2015 Act, "criminal background check" or "criminal history record check" means determining the
eligibility of a person to purchase or possess a firearm by reviewing state and federal databases
including, but not limited to, the:
(a) Oregon computerized criminal history system;
(b) Oregon mental health data system;
(c) Law Enforcement Data System;
(d) National Instant Criminal Background Check System; and
(e) Stolen guns system.
(2) As used in ORS 166.433, 166.434, 166.436, 166.438 and 166.441 and section 2 of this 2015
Act:
(a) "Gun dealer" has the meaning given that term in ORS 166.412.
(b) "Gun show" means an event at which more than 25 firearms are on site and available for
transfer.
SECTION 7. ORS 166.433 is amended to read:
166.433. The people of this state find that:
(1) The laws of Oregon regulating the sale of firearms contain a loophole that allows people
other than gun dealers to sell firearms at gun shows without first conducting criminal background
checks; and
(2) It is necessary for the safety of the people of Oregon that any person who transfers a firearm
at a gun show be required to request a criminal background check before completing the transfer
of the firearm.[; and]
[(3) It is in the best interests of the people of Oregon that any person who transfers a firearm at
any location other than a gun show be allowed to voluntarily request a criminal background check
before completing the transfer of the firearm.]
SECTION 8. ORS 166.434 is amended to read:
166.434. (1) Notwithstanding the fact that ORS 166.412 requires a gun dealer to request a criminal
history record check only when transferring a handgun, a gun dealer shall comply with the
requirements of ORS 166.412 before transferring any firearm to a purchaser. The provisions of ORS
166.412 apply to the transfer of firearms other than handguns to the same extent that they apply to
the transfer of handguns.
(2) In addition to the determination required by ORS 166.412 (3)(a)(A), in conducting a criminal
background check or criminal history record check, the Department of State Police shall also determine
whether the recipient is otherwise prohibited by state or federal law from possessing a
firearm.
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(3) Notwithstanding ORS 166.412 (5), the department is not required to operate the telephone
number established under ORS 166.412 (5) on Thanksgiving Day or Christmas Day.
(4)(a) The department may charge a fee, not to exceed the amount authorized under ORS
166.414, for criminal background checks required under this section or ORS 166.436 or section 2
of this 2015 Act.
(b) The department shall establish a reduced fee for subsequent criminal background checks on
the same recipient that are performed during the same day between the hours of 8 a.m. and 10 p.m.
SECTION 9. ORS 166.438 is amended to read:
166.438. (1) A transferor [other than] who is not a gun dealer may not transfer a firearm at a
gun show unless the transferor:
(a)(A) Requests a criminal background check under ORS 166.436 prior to completing the transfer;
(B) Receives [notification] a unique approval number from the Department of State Police
indicating that the recipient is qualified to complete the transfer; and
(C) Has the recipient complete the form described in ORS 166.441; or
(b) Completes the transfer through a gun dealer.
(2) The transferor shall retain the completed form referred to in subsection (1) of this section
for at least five years and shall make the completed form available to law enforcement agencies for
the purpose of criminal investigations.
(3) A person who organizes a gun show shall post in a prominent place at the gun show a notice
explaining the requirements of subsections (1) and (2) of this section. The person shall provide the
form required by subsection (1) of this section to any person transferring a firearm at the gun show.
(4) Subsection (1) of this section does not apply if the transferee is licensed as a dealer under
18 U.S.C. 923.
(5)(a) Failure to comply with the requirements of subsection (1), (2) or (3) of this section is a
Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, failure to comply with the requirements
of subsection (1), (2) or (3) of this section is a Class C felony if the person has two or more previous
convictions under this section.
(6) It is an affirmative defense to a charge of violating subsection (1) or (3) of this section that
the person did not know, or reasonably could not know, that more than 25 firearms were at the site
and available for transfer.
SECTION 10. ORS 181.150 is amended to read:
181.150. (1) The State of Oregon shall provide the members of the state police with emergency
outfits, weapons and motor vehicles and all other emergency and first-aid supplies and equipment
necessary to carry out the public safety functions of the Department of State Police.
(2)(a) The property described in subsection (1) of this section remains the property of this state
with the exception of a retiring or deceased officer's department-issued service weapon, which may
be sold by the department to the officer or, in the case of a deceased officer, to a member of the
officer's family, upon the officer's retirement or death, and the officer's badge, which may be given
to the officer or, in the case of a deceased officer, to a member of the deceased officer's family, upon
the officer's retirement or death.
(b) A service weapon sold pursuant to this subsection must be sold for its fair market value.
(c) A badge given to an officer or an officer's family member pursuant to this subsection must
be marked to indicate the officer's retirement status and may not be used for official police identification
other than as a memento of service to the department.
(3) Surplus, obsolete or unused property, supplies or equipment must be disposed of by the
Oregon Department of Administrative Services as provided in ORS 279A.280.
(4)(a) For purposes of ORS chapters 279A and 279B, the sale of a service weapon to a retiring
officer by the department is not a public contract and is not subject to the competitive bidding requirements
of ORS chapters 279A and 279B.
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(b) The provisions of ORS 166.412 and section 2 of this 2015 Act do not apply to transfers of
firearms pursuant to this section.
SECTION 11. ORS 426.133 is amended to read:
426.133. (1) As used in ORS 426.005 to 426.390, "assisted outpatient treatment" may not be construed
to be a commitment under ORS 426.130 and does not include taking a person into custody
or the forced medication of a person.
(2) A court may issue an order requiring a person to participate in assisted outpatient treatment
if the court finds that the person:
(a)(A) Is 18 years of age or older;
(B) Has a mental disorder;
(C) Will not obtain treatment in the community voluntarily; and
(D) Is unable to make an informed decision to seek or to comply with voluntary treatment; and
(b) As a result of being a person described in paragraph (a) of this subsection:
(A) Is incapable of surviving safely in the community without treatment; and
(B) Requires treatment to prevent a deterioration in the person's condition that will predictably
result in the person becoming a person with mental illness.
(3) In determining whether to issue the order under subsection (2) of this section, the court shall
consider, but is not limited to considering, the following factors:
(a) The person's ability to access finances in order to get food or medicine.
(b) The person's ability to obtain treatment for the person's medical condition.
(c) The person's ability to access necessary resources in the community without assistance.
(d) The degree to which there are risks to the person's safety.
(e) The likelihood that the person will decompensate without immediate care or treatment.
(f) The person's previous attempts to inflict physical injury on self or others.
(g) The person's history of mental health treatment in the community.
(h) The person's patterns of decompensation in the past.
(i) The person's risk of being victimized or harmed by others.
(j) The person's access to the means to inflict harm on self or others.
(4) The community mental health program director may recommend to the court a treatment
plan for a person participating in assisted outpatient treatment. The court may adopt the plan as
recommended or with modifications.
(5) As part of the order under subsection (2) of this section, the court may prohibit the
person from purchasing or possessing a firearm during the period of assisted outpatient
treatment if, in the opinion of the court, there is a reasonable likelihood the person would
constitute a danger to self or others or to the community at large as a result of the person's
mental or psychological state, as demonstrated by past behavior or participation in incidents
involving unlawful violence or threats of unlawful violence, or by reason of a single incident
of extreme, violent, unlawful conduct. When a court adds a firearm prohibition to an order
under subsection (2) of this section, the court shall cause a copy of the order to be delivered
to the sheriff of the county, who shall enter the information into the Law Enforcement Data
System.
[(5)] (6) The court retains jurisdiction over the person until the earlier of the end of the period
of the assisted outpatient treatment established under ORS 426.130 (2) or until the court finds that
the person no longer meets the criteria in subsection (2) of this section.
[(6)] (7) This section does not:
(a) Prevent a court from appointing a guardian ad litem to act for the person; or
(b) Require a county to provide treatment or services to, or supervision of, the person if the
county lacks sufficient funds for such purposes.
SECTION 12. 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 or section 5, chapter 826, Oregon Laws 2009, a person commits
the crime of unlawful possession of a firearm if the person knowingly:
Enrolled Senate Bill 941 (SB 941-A) Page 8
(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;
(E) Was found to be a person with mental illness 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) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing
or possessing a firearm; or
[(F)] (G) 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 paragraphs (b) and (c) 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, other than a vehicle described in paragraph (c) of this subsection, has no storage
location that is outside the passenger compartment of the vehicle, 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.
(c) If a 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 in a locked container within or affixed to the vehicle; or
(B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the
discharge of the firearm.
(5) Unlawful possession of a firearm is a Class A misdemeanor.
SECTION 13. ORS 166.250, as amended by section 11a, chapter 826, Oregon Laws 2009, section
2, chapter 662, Oregon Laws 2011, and section 7, chapter 360, Oregon Laws 2013, is amended to
read:
Enrolled Senate Bill 941 (SB 941-A) Page 9
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;
(E) Was found to be a person with mental illness 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) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing
or possessing a firearm; or
[(F)] (G) 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 paragraphs (b) and (c) 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, other than a vehicle described in paragraph (c) of this subsection, has no storage
location that is outside the passenger compartment of the vehicle, 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.
(c) 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 in a locked container within or affixed to the vehicle; or
(B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the
discharge of the firearm.
(5) Unlawful possession of a firearm is a Class A misdemeanor.
SECTION 14. ORS 166.460 is amended to read:
Enrolled Senate Bill 941 (SB 941-A) Page 10
166.460. (1) ORS 166.250, 166.260, 166.291 to 166.295, 166.410, 166.412, 166.425, 166.434, 166.438
and 166.450 do not apply to antique firearms.
(2) Notwithstanding the provisions of subsection (1) of this section, possession of an antique
firearm by a person described in ORS 166.250 (1)(c)(B) to (D) or [(F)] (G) constitutes a violation of
ORS 166.250.
SECTION 15. ORS 166.291, as amended by section 1, chapter 62, Oregon Laws 2014, 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, including a misdemeanor
conviction for the possession of marijuana as described in paragraph (L) of this subsection;
(i) Has not been committed to the Oregon Health Authority under ORS 426.130;
(j) Has not been found to be a person with mental illness 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;
Enrolled Senate Bill 941 (SB 941-A) Page 11
(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 can demonstrate that the person has been convicted only once of a marijuana
possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of
the offense, and has not completed a drug diversion program for a marijuana possession offense that
constituted a misdemeanor or violation under the law of the jurisdiction of the offense; or
(B) The person can demonstrate that the person has only once completed a drug diversion program
for a marijuana possession offense that constituted a misdemeanor or violation under the law
of the jurisdiction of the offense, and has not been convicted of a marijuana possession offense that
constituted a misdemeanor or violation under the law of the jurisdiction of the offense;
(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[.]; and
(p) Is not presently subject to an order under ORS 426.133 prohibiting the person from
purchasing or possessing a firearm.
(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 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 this 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
Enrolled Senate Bill 941 (SB 941-A) Page 12
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, nor have I been found to be a
person with mental illness and presently subject to an order prohibiting me from purchasing or
possessing a firearm because of mental illness. I am not under a court order to participate in
assisted outpatient treatment that includes an order prohibiting me from purchasing or
possessing a firearm. 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.
Name Address
Enrolled Senate Bill 941 (SB 941-A) Page 13
Name Address
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 voter notification 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.
(10) As used in this section, "drug diversion program" means a program in which a defendant
charged with a marijuana possession offense completes a program under court supervision and in
which the marijuana possession offense is dismissed upon successful completion of the diversion
program.
SECTION 16. ORS 166.291, as amended by section 10, chapter 826, Oregon Laws 2009, section
34, chapter 547, Oregon Laws 2011, section 5, chapter 243, Oregon Laws 2013, section 9, chapter 360,
Oregon Laws 2013, section 7, chapter 591, Oregon Laws 2013, and section 2, chapter 62, Oregon
Laws 2014, 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;
Enrolled Senate Bill 941 (SB 941-A) Page 14
(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, including a misdemeanor
conviction for the possession of marijuana as described in paragraph (L) of this subsection;
(i) Has not been committed to the Oregon Health Authority under ORS 426.130;
(j) Has not been found to be a person with mental illness 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 can demonstrate that the person has been convicted only once of a marijuana
possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of
the offense, and has not completed a drug diversion program for a marijuana possession offense that
constituted a misdemeanor or violation under the law of the jurisdiction of the offense; or
(B) The person can demonstrate that the person has only once completed a drug diversion program
for a marijuana possession offense that constituted a misdemeanor or violation under the law
of the jurisdiction of the offense, and has not been convicted of a marijuana possession offense that
constituted a misdemeanor or violation under the law of the jurisdiction of the offense;
(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]
Enrolled Senate Bill 941 (SB 941-A) Page 15
(o) Is not required to register as a sex offender in any state[.]; and
(p) Is not presently subject to an order under ORS 426.133 prohibiting the person from
purchasing or possessing a firearm.
(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 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 this 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, nor have I been found to be a
person with mental illness and presently subject to an order prohibiting me from purchasing or
possessing a firearm because of mental illness. I am not under a court order to participate in
assisted outpatient treatment that includes an order prohibiting me from purchasing or
possessing a firearm. 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
Enrolled Senate Bill 941 (SB 941-A) Page 16
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.
Name: Address
Name: Address
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.
Enrolled Senate Bill 941 (SB 941-A) Page 17
(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 voter notification 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.
(10) As used in this section, "drug diversion program" means a program in which a defendant
charged with a marijuana possession offense completes a program under court supervision and in
which the marijuana possession offense is dismissed upon successful completion of the diversion
program.
SECTION 17. ORS 166.470 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;
(f) After January 1, 1990, was found to be a person with mental illness 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) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing
or possessing a firearm; or
[(h)] (i) 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.
Enrolled Senate Bill 941 (SB 941-A) Page 18
SECTION 18. ORS 166.470, as amended by section 11, chapter 826, Oregon Laws 2009, and
section 11, chapter 360, Oregon Laws 2013, 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;
(f) After January 1, 1990, was found to be a person with mental illness 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) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing
or possessing a firearm; or
[(h)] (i) 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 19. ORS 181.740 is amended to read:
181.740. (1) The Department of Human Services, the Oregon Health Authority, the Psychiatric
Security Review Board and the Judicial Department shall provide the Department of State Police
with the minimum information necessary to identify persons who:
(a) Have been committed by a court to the Oregon Health Authority under ORS 426.130, based
on a finding that the person is dangerous to self or others;
(b) Are subject to a court order under ORS 426.130 or 426.133 prohibiting the person from purchasing
or possessing a firearm;
(c) Have been committed by a court to the Department of Human Services under ORS 427.290,
based on a finding that the person is dangerous to self or others;
(d) Have been found by a court to lack fitness to proceed under ORS 161.370;
(e) Have been found guilty except for insanity of a crime under ORS 161.295 to 161.370;
(f) Have been found responsible except for insanity for an act under ORS 419C.411;
(g) Have been placed under the jurisdiction of the Psychiatric Security Review Board or the
Oregon Health Authority under ORS 161.315 to 161.351; or
(h) Have been committed to a state hospital or facility under ORS 161.315 to 161.351 or 419C.529
to 419C.544.
(2) Upon receipt of the information described in this section, the Department of State Police
shall access and maintain the information and transmit the information to the federal government
as required under federal law.
(3) The Department of Human Services, the Oregon Health Authority, the Psychiatric Security
Review Board and the Judicial Department shall enter into agreements with the Department of
State Police describing the access to information provided under this section.
Enrolled Senate Bill 941 (SB 941-A) Page 19
(4) The Department of State Police shall adopt rules:
(a) After consulting with the Department of Human Services, the Oregon Health Authority, the
Psychiatric Security Review Board and the Judicial Department, describing the type of information
provided to the Department of State Police under this section; and
(b) Describing the method and manner of maintaining the information described in this section
and transmitting the information to the federal government.
(5) As used in this section, "minimum information necessary" means data elements or nominal
information that is necessary or required under federal law to accurately identify a person described
in this section and includes the person's name, date of birth, gender and reference information that
identifies the originating agency or court and enables the originating agency or court to locate an
underlying record or file of a person described in this section. "Minimum information necessary"
does not include any medical, psychiatric or psychological information, case histories or files of a
person described in this section or any record or file of an originating agency or court.
SECTION 20. Section 2 of this 2015 Act and the amendments to ORS 166.432, 166.433,
166.434, 166.438 and 181.150 by sections 6 to 10 of this 2015 Act become operative 90 days after
the effective date of this 2015 Act.
SECTION 21. The Department of State Police may take any action before the operative
date specified in section 20 of this 2015 Act that is necessary for the department to implement
section 2 of this 2015 Act and the amendments to ORS 166.432, 166.433, 166.434, 166.438
and 181.150 by sections 6 to 10 of this 2015 Act.
SECTION 22. The amendments to ORS 166.250, 166.291, 166.460, 166.470, 181.740 and 426.133
by sections 11 to 19 of this 2015 Act apply to orders for assisted outpatient treatment entered
on or after the effective date of this 2015 Act.
SECTION 23. This 2015 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2015 Act takes effect
on its passage.
Passed by Senate April 14, 2015
..................................................................................
Lori L. Brocker, Secretary of Senate
..................................................................................
Peter Courtney, President of Senate
Passed by House May 4, 2015
..................................................................................
Tina Kotek, Speaker of House
Received by Governor:
........................M.,........................................................., 2015
Approved:
........................M.,........................................................., 2015
..................................................................................
Kate Brown, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2015
..................................................................................
Jeanne P. Atkins, Secretary of State
Enrolled Senate Bill 941 (SB 941-A)
78th OREGON LEGISLATIVE ASSEMBLY--2015 Regular Session
Enrolled
Senate Bill 941
Sponsored by Senators PROZANSKI, BURDICK, Representatives WILLIAMSON, HOYLE; Senators
BATES, DEMBROW, HASS, MONNES ANDERSON, MONROE, RILEY, ROSENBAUM,
STEINER HAYWARD, Representatives BARNHART, BUCKLEY, DOHERTY, FAGAN,
FREDERICK, GORSEK, GREENLICK, HOLVEY, KENY-GUYER, LININGER, MCLAIN, SMITH
WARNER, TAYLOR, VEGA PEDERSON
CHAPTER .................................................
AN ACT
Relating to firearms; creating new provisions; amending ORS 166.250, 166.291, 166.412, 166.422,
166.432, 166.433, 166.434, 166.436, 166.438, 166.460, 166.470, 181.150, 181.740 and 426.133; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2015 Act and the amendments to ORS 166.250, 166.291,
166.412, 166.422, 166.432, 166.433, 166.434, 166.436, 166.438, 166.460, 166.470, 181.150, 181.740 and
426.133 by sections 3 to 19 of this 2015 Act shall be known and may be cited as the "Oregon
Firearms Safety Act."
SECTION 2. (1) As used in this section:
(a) "Transfer" means the delivery of a firearm from a transferor to a transferee, including,
but not limited to, the sale, gift, loan or lease of the firearm. "Transfer" does not
include the temporary provision of a firearm to a transferee if the transferor has no reason
to believe the transferee is prohibited from possessing a firearm or intends to use the
firearm in the commission of a crime, and the provision occurs:
(A) At a shooting range, shooting gallery or other area designed for the purpose of target
shooting, for use during target practice, a firearms safety or training course or class or a
similar lawful activity;
(B) For the purpose of hunting, trapping or target shooting, during the time in which the
transferee is engaged in activities related to hunting, trapping or target shooting;
(C) Under circumstances in which the transferee and the firearm are in the presence of
the transferor;
(D) To a transferee who is in the business of repairing firearms, for the time during
which the firearm is being repaired;
(E) To a transferee who is in the business of making or repairing custom accessories for
firearms, for the time during which the accessories are being made or repaired; or
(F) For the purpose of preventing imminent death or serious physical injury, and the
provision lasts only as long as is necessary to prevent the death or serious physical injury.
(b) "Transferee" means a person who is not a gun dealer or licensed as a manufacturer
or importer under 18 U.S.C. 923 and who intends to receive a firearm from a transferor.
Enrolled Senate Bill 941 (SB 941-A) Page 1
(c) "Transferor" means a person who is not a gun dealer or licensed as a manufacturer
or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferee.
(2) Except as provided in ORS 166.436 and 166.438 and subsection (4) of this section, a
transferor may not transfer a firearm to a transferee unless the transfer is completed
through a gun dealer as described in subsection (3) of this section.
(3)(a) A transferor may transfer a firearm to a transferee only as provided in this section.
Except as provided in paragraph (b) of this subsection, prior to the transfer both the
transferor and the transferee must appear in person before a gun dealer, with the firearm,
and request that the gun dealer perform a criminal background check on the transferee.
(b) If the transferor and the transferee reside over 40 miles from each other, the
transferor may ship or deliver the firearm to a gun dealer located near the transferee or a
gun dealer designated by the transferee, and the transferor need not appear before the gun
dealer in person.
(c) A gun dealer who agrees to complete a transfer of a firearm under this section shall
request a criminal history record check on the transferee as described in ORS 166.412 and
shall comply with all requirements of federal law.
(d) If, upon completion of a criminal background check, the gun dealer:
(A) Receives a unique approval number from the Department of State Police indicating
that the transferee is qualified to complete the transfer, the gun dealer shall notify the
transferor, enter the firearm into the gun dealer's inventory and transfer the firearm to the
transferee.
(B) Receives notification that the transferee is prohibited by state or federal law from
possessing or receiving the firearm, the gun dealer shall notify the transferor and neither
the transferor nor the gun dealer shall transfer the firearm to the transferee. If the
transferor shipped or delivered the firearm to the gun dealer pursuant to paragraph (b) of
this subsection, the gun dealer shall comply with federal law when returning the firearm to
the transferor.
(e) A gun dealer may charge a reasonable fee for facilitating a firearm transfer pursuant
to this section.
(4) The requirements of subsections (2) and (3) of this section do not apply to:
(a) The transfer of a firearm by or to a law enforcement agency, or by or to a law
enforcement officer, private security professional or member of the Armed Forces of the
United States, while that person is acting within the scope of official duties.
(b) The transfer of a firearm as part of a firearm turn-in or buyback event, in which a
law enforcement agency receives or purchases firearms from members of the public.
(c) The transfer of a firearm to:
(A) A transferor's spouse or domestic partner;
(B) A transferor's parent or stepparent;
(C) A transferor's child or stepchild;
(D) A transferor's sibling;
(E) A transferor's grandparent;
(F) A transferor's grandchild;
(G) A transferor's aunt or uncle;
(H) A transferor's first cousin;
(I) A transferor's niece or nephew; or
(J) The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of
this paragraph.
(d) The transfer of a firearm that occurs because of the death of the firearm owner,
provided that:
(A) The transfer is conducted or facilitated by a personal representative, as defined in
ORS 111.005, or a trustee of a trust created in a will; and
Enrolled Senate Bill 941 (SB 941-A) Page 2
(B) The transferee is related to the deceased firearm owner in a manner specified in
paragraph (c) of this subsection.
(5)(a) A transferor who fails to comply with the requirements of this section commits a
Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, a transferor who fails to comply
with the requirements of this section commits a Class B felony if the transferor has a previous
conviction under this section at the time of the offense.
SECTION 3. ORS 166.436 is amended to read:
166.436. (1) The Department of State Police shall make the telephone number established under
ORS 166.412 (5) available for requests for criminal background checks under this section from
persons [other than] who are not gun dealers and who are transferring firearms at gun shows
[for criminal background checks under this section].
(2) Prior to transferring a firearm at a gun show, a transferor [other than] who is not a gun
dealer may request by telephone that the department conduct a criminal background check on the
recipient and shall provide the following information to the department:
(a) The name, address and telephone number of the transferor;
(b) The make, model, caliber and manufacturer's number of the firearm being transferred;
(c) The name, date of birth, race, sex and address of the recipient;
(d) The Social Security number of the recipient if the recipient voluntarily provides that number;
(e) The address of the place where the transfer is occurring; and
(f) The type, issuer and identification number of a current piece of identification bearing a recent
photograph of the recipient presented by the recipient. The identification presented by the recipient
must meet the requirements of ORS 166.412 (4)(a).
(3)(a) Upon receipt of a request for a criminal background check under this section, the department
shall immediately, during the telephone call or by return call:
(A) Determine from criminal records and other information available to it whether the recipient
is disqualified under ORS 166.470 from completing the transfer or is otherwise prohibited by state
or federal law from possessing a firearm; and
(B) Notify the transferor when a recipient is disqualified from completing the transfer or provide
the transferor with a unique approval number indicating that the recipient is qualified to complete
the transfer. The unique approval number is a permit valid for 24 hours for the requested transfer.
If the firearm is not transferred from the transferor to the recipient within 24 hours after receipt
of the unique approval number, a new request must be made by the transferor.
(b) If the department is unable to determine whether the recipient is qualified for or disqualified
from completing the transfer within 30 minutes of receiving the request, the department shall notify
the transferor and provide the transferor with an estimate of the time when the department will
provide the requested information.
(4) A public employee or public agency incurs no criminal or civil liability for performing the
criminal background checks required by this section, provided the employee or agency acts in good
faith and without malice.
(5)(a) The department may retain a record of the information obtained during a request for a
criminal background check under this section for the period of time provided in ORS 166.412 (7).
(b) The record of the information obtained during a request for a criminal background check
under this section is exempt from disclosure under public records law.
(c) If the department determines that a recipient is prohibited from possessing a firearm
under ORS 166.250 (1)(c), as soon as practicable, the department may report the attempted
transfer and the recipient's name to the appropriate law enforcement agency.
(6) The recipient of the firearm must be present when the transferor requests a criminal background
check under this section.
(7)(a) Except as otherwise provided in [paragraphs (b) and (c)] paragraph (b) of this subsection,
a transferor who receives notification under this section that the recipient is qualified to complete
the transfer of a firearm, has the recipient fill out the form required by ORS 166.438 (1)(a) and
Enrolled Senate Bill 941 (SB 941-A) Page 3
retains the form as required by ORS 166.438 (2) is immune from civil liability for any use of the
firearm from the time of the transfer unless the transferor knows, or reasonably should know, that
the recipient is likely to commit an unlawful act involving the firearm.
[(b) If the transferor is required to request a criminal background check under ORS 166.438, the
immunity provided by paragraph (a) of this subsection applies only if, in addition to receiving the notification
required by this section, the transferor has the recipient fill out the form required by ORS
166.438 (1)(a) and retains the form as required by ORS 166.438 (2).]
[(c)] (b) The immunity provided by paragraph (a) of this subsection does not apply:
(A) If the transferor knows, or reasonably should know, that the recipient of the firearm intends
to deliver the firearm to a third person who the transferor knows, or reasonably should know, may
not lawfully possess the firearm; or
(B) In any product liability civil action under ORS 30.900 to 30.920.
SECTION 4. ORS 166.412 is amended to read:
166.412. (1) As used in this section:
(a) "Antique firearm" has the meaning given that term in 18 U.S.C. 921;
(b) "Department" means the Department of State Police;
(c) "Firearm" has the meaning given that term in ORS 166.210, except that it does not include
an antique firearm;
(d) "Firearms transaction record" means the firearms transaction record required by 18 U.S.C.
921 to 929;
(e) "Firearms transaction thumbprint form" means a form provided by the department under
subsection (11) of this section;
(f) "Gun dealer" means a person engaged in the business, as defined in 18 U.S.C. 921, of selling,
leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or
otherwise;
(g) "Handgun" has the meaning given that term in ORS 166.210; and
(h) "Purchaser" means a person who buys, leases or otherwise receives a firearm from a gun
dealer.
(2) Except as provided in subsections (3)(c) and (12) of this section, a gun dealer shall comply
with the following before a handgun is delivered to a purchaser:
(a) The purchaser shall present to the dealer current identification meeting the requirements
of subsection (4) of this section.
(b) The gun dealer shall complete the firearms transaction record and obtain the signature of
the purchaser on the record.
(c) The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction
thumbprint form and attach the form to the gun dealer's copy of the firearms transaction record to
be filed with that copy.
(d) The gun dealer shall request by telephone that the department conduct a criminal history
record check on the purchaser and shall provide the following information to the department:
(A) The federal firearms license number of the gun dealer;
(B) The business name of the gun dealer;
(C) The place of transfer;
(D) The name of the person making the transfer;
(E) The make, model, caliber and manufacturer's number of the handgun being transferred;
(F) The name and date of birth of the purchaser;
(G) The Social Security number of the purchaser if the purchaser voluntarily provides this
number to the gun dealer; and
(H) The type, issuer and identification number of the identification presented by the purchaser.
(e) The gun dealer shall receive a unique approval number for the transfer from the department
and record the approval number on the firearms transaction record and on the firearms transaction
thumbprint form.
Enrolled Senate Bill 941 (SB 941-A) Page 4
(f) The gun dealer may destroy the firearms transaction thumbprint form five years after the
completion of the firearms transaction thumbprint form.
(3)(a) Upon receipt of a request of the gun dealer for a criminal history record check, the department
shall immediately, during the gun dealer's telephone call or by return call:
(A) Determine, from criminal records and other information available to it, whether the purchaser
is disqualified under ORS 166.470 from completing the purchase; and
(B) Notify the dealer when a purchaser is disqualified from completing the transfer or provide
the dealer with a unique approval number indicating that the purchaser is qualified to complete the
transfer.
(b) If the department is unable to determine if the purchaser is qualified or disqualified from
completing the transfer within 30 minutes, the department shall notify the dealer and provide the
dealer with an estimate of the time when the department will provide the requested information.
(c) If the department fails to provide a unique approval number to a gun dealer or to notify the
gun dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close
of the gun dealer's next business day following the request by the dealer for a criminal history record
check, the dealer may deliver the handgun to the purchaser.
(4)(a) Identification required of the purchaser under subsection (2) of this section shall include
one piece of current identification bearing a photograph and the date of birth of the purchaser that:
(A) Is issued under the authority of the United States Government, a state, a political subdivision
of a state, a foreign government, a political subdivision of a foreign government, an international
governmental organization or an international quasi-governmental organization; and
(B) Is intended to be used for identification of an individual or is commonly accepted for the
purpose of identification of an individual.
(b) If the identification presented by the purchaser under paragraph (a) of this subsection does
not include the current address of the purchaser, the purchaser shall present a second piece of
current identification that contains the current address of the purchaser. The Superintendent of
State Police may specify by rule the type of identification that may be presented under this paragraph.
(c) The department may require that the dealer verify the identification of the purchaser if that
identity is in question by sending the thumbprints of the purchaser to the department.
(5) The department shall establish a telephone number that shall be operational seven days a
week between the hours of 8 a.m. and 10 p.m. for the purpose of responding to inquiries from
dealers for a criminal history record check under this section.
(6) No public employee, official or agency shall be held criminally or civilly liable for performing
the investigations required by this section provided the employee, official or agency acts in good
faith and without malice.
(7)(a) The department may retain a record of the information obtained during a request for a
criminal [records] history record check for no more than five years.
(b) The record of the information obtained during a request for a criminal [records] history
record check by a gun dealer is exempt from disclosure under public records law.
(c) If the department determines that a purchaser is prohibited from possessing a
firearm under ORS 166.250 (1)(c), as soon as practicable, the department may report the attempted
transfer and the purchaser's name to the appropriate law enforcement agency.
(8) A law enforcement agency may inspect the records of a gun dealer relating to transfers of
handguns with the consent of a gun dealer in the course of a reasonable inquiry during a criminal
investigation or under the authority of a properly authorized subpoena or search warrant.
(9) When a handgun is delivered, it shall be unloaded.
(10) In accordance with applicable provisions of ORS chapter 183, the Superintendent of State
Police may adopt rules necessary for:
(a) The design of the firearms transaction thumbprint form;
(b) The maintenance of a procedure to correct errors in the criminal records of the department;
Enrolled Senate Bill 941 (SB 941-A) Page 5
(c) The provision of a security system to identify dealers who request a criminal history record
check under subsection (2) of this section; and
(d) The creation and maintenance of a database of the business hours of gun dealers.
(11) The department shall publish the firearms transaction thumbprint form and shall furnish the
form to gun dealers on application at cost.
(12) This section does not apply to transactions between persons licensed as dealers under 18
U.S.C. 923.
(13)(a) If requested by a transferor who is not a gun dealer, a gun dealer may request a
criminal background check pursuant to ORS 166.438 or section 2 of this 2015 Act and may
charge a reasonable fee for providing the service.
(b) A gun dealer that requests a criminal background check under this subsection is
immune from civil liability for any use of the firearm by the recipient or transferee, provided
that the gun dealer requests the criminal background check as described in this section.
SECTION 5. ORS 166.422 is amended to read:
166.422. Where appropriate, a person may enforce the legal duties imposed by ORS 166.412
(7)(a) or (b), by the provisions of ORS 30.260 to 30.300 and ORS chapter 183.
SECTION 6. ORS 166.432 is amended to read:
166.432. (1) As used in ORS 166.412, 166.433, 166.434, 166.436 and 166.438 and section 2 of this
2015 Act, "criminal background check" or "criminal history record check" means determining the
eligibility of a person to purchase or possess a firearm by reviewing state and federal databases
including, but not limited to, the:
(a) Oregon computerized criminal history system;
(b) Oregon mental health data system;
(c) Law Enforcement Data System;
(d) National Instant Criminal Background Check System; and
(e) Stolen guns system.
(2) As used in ORS 166.433, 166.434, 166.436, 166.438 and 166.441 and section 2 of this 2015
Act:
(a) "Gun dealer" has the meaning given that term in ORS 166.412.
(b) "Gun show" means an event at which more than 25 firearms are on site and available for
transfer.
SECTION 7. ORS 166.433 is amended to read:
166.433. The people of this state find that:
(1) The laws of Oregon regulating the sale of firearms contain a loophole that allows people
other than gun dealers to sell firearms at gun shows without first conducting criminal background
checks; and
(2) It is necessary for the safety of the people of Oregon that any person who transfers a firearm
at a gun show be required to request a criminal background check before completing the transfer
of the firearm.[; and]
[(3) It is in the best interests of the people of Oregon that any person who transfers a firearm at
any location other than a gun show be allowed to voluntarily request a criminal background check
before completing the transfer of the firearm.]
SECTION 8. ORS 166.434 is amended to read:
166.434. (1) Notwithstanding the fact that ORS 166.412 requires a gun dealer to request a criminal
history record check only when transferring a handgun, a gun dealer shall comply with the
requirements of ORS 166.412 before transferring any firearm to a purchaser. The provisions of ORS
166.412 apply to the transfer of firearms other than handguns to the same extent that they apply to
the transfer of handguns.
(2) In addition to the determination required by ORS 166.412 (3)(a)(A), in conducting a criminal
background check or criminal history record check, the Department of State Police shall also determine
whether the recipient is otherwise prohibited by state or federal law from possessing a
firearm.
Enrolled Senate Bill 941 (SB 941-A) Page 6
(3) Notwithstanding ORS 166.412 (5), the department is not required to operate the telephone
number established under ORS 166.412 (5) on Thanksgiving Day or Christmas Day.
(4)(a) The department may charge a fee, not to exceed the amount authorized under ORS
166.414, for criminal background checks required under this section or ORS 166.436 or section 2
of this 2015 Act.
(b) The department shall establish a reduced fee for subsequent criminal background checks on
the same recipient that are performed during the same day between the hours of 8 a.m. and 10 p.m.
SECTION 9. ORS 166.438 is amended to read:
166.438. (1) A transferor [other than] who is not a gun dealer may not transfer a firearm at a
gun show unless the transferor:
(a)(A) Requests a criminal background check under ORS 166.436 prior to completing the transfer;
(B) Receives [notification] a unique approval number from the Department of State Police
indicating that the recipient is qualified to complete the transfer; and
(C) Has the recipient complete the form described in ORS 166.441; or
(b) Completes the transfer through a gun dealer.
(2) The transferor shall retain the completed form referred to in subsection (1) of this section
for at least five years and shall make the completed form available to law enforcement agencies for
the purpose of criminal investigations.
(3) A person who organizes a gun show shall post in a prominent place at the gun show a notice
explaining the requirements of subsections (1) and (2) of this section. The person shall provide the
form required by subsection (1) of this section to any person transferring a firearm at the gun show.
(4) Subsection (1) of this section does not apply if the transferee is licensed as a dealer under
18 U.S.C. 923.
(5)(a) Failure to comply with the requirements of subsection (1), (2) or (3) of this section is a
Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, failure to comply with the requirements
of subsection (1), (2) or (3) of this section is a Class C felony if the person has two or more previous
convictions under this section.
(6) It is an affirmative defense to a charge of violating subsection (1) or (3) of this section that
the person did not know, or reasonably could not know, that more than 25 firearms were at the site
and available for transfer.
SECTION 10. ORS 181.150 is amended to read:
181.150. (1) The State of Oregon shall provide the members of the state police with emergency
outfits, weapons and motor vehicles and all other emergency and first-aid supplies and equipment
necessary to carry out the public safety functions of the Department of State Police.
(2)(a) The property described in subsection (1) of this section remains the property of this state
with the exception of a retiring or deceased officer's department-issued service weapon, which may
be sold by the department to the officer or, in the case of a deceased officer, to a member of the
officer's family, upon the officer's retirement or death, and the officer's badge, which may be given
to the officer or, in the case of a deceased officer, to a member of the deceased officer's family, upon
the officer's retirement or death.
(b) A service weapon sold pursuant to this subsection must be sold for its fair market value.
(c) A badge given to an officer or an officer's family member pursuant to this subsection must
be marked to indicate the officer's retirement status and may not be used for official police identification
other than as a memento of service to the department.
(3) Surplus, obsolete or unused property, supplies or equipment must be disposed of by the
Oregon Department of Administrative Services as provided in ORS 279A.280.
(4)(a) For purposes of ORS chapters 279A and 279B, the sale of a service weapon to a retiring
officer by the department is not a public contract and is not subject to the competitive bidding requirements
of ORS chapters 279A and 279B.
Enrolled Senate Bill 941 (SB 941-A) Page 7
(b) The provisions of ORS 166.412 and section 2 of this 2015 Act do not apply to transfers of
firearms pursuant to this section.
SECTION 11. ORS 426.133 is amended to read:
426.133. (1) As used in ORS 426.005 to 426.390, "assisted outpatient treatment" may not be construed
to be a commitment under ORS 426.130 and does not include taking a person into custody
or the forced medication of a person.
(2) A court may issue an order requiring a person to participate in assisted outpatient treatment
if the court finds that the person:
(a)(A) Is 18 years of age or older;
(B) Has a mental disorder;
(C) Will not obtain treatment in the community voluntarily; and
(D) Is unable to make an informed decision to seek or to comply with voluntary treatment; and
(b) As a result of being a person described in paragraph (a) of this subsection:
(A) Is incapable of surviving safely in the community without treatment; and
(B) Requires treatment to prevent a deterioration in the person's condition that will predictably
result in the person becoming a person with mental illness.
(3) In determining whether to issue the order under subsection (2) of this section, the court shall
consider, but is not limited to considering, the following factors:
(a) The person's ability to access finances in order to get food or medicine.
(b) The person's ability to obtain treatment for the person's medical condition.
(c) The person's ability to access necessary resources in the community without assistance.
(d) The degree to which there are risks to the person's safety.
(e) The likelihood that the person will decompensate without immediate care or treatment.
(f) The person's previous attempts to inflict physical injury on self or others.
(g) The person's history of mental health treatment in the community.
(h) The person's patterns of decompensation in the past.
(i) The person's risk of being victimized or harmed by others.
(j) The person's access to the means to inflict harm on self or others.
(4) The community mental health program director may recommend to the court a treatment
plan for a person participating in assisted outpatient treatment. The court may adopt the plan as
recommended or with modifications.
(5) As part of the order under subsection (2) of this section, the court may prohibit the
person from purchasing or possessing a firearm during the period of assisted outpatient
treatment if, in the opinion of the court, there is a reasonable likelihood the person would
constitute a danger to self or others or to the community at large as a result of the person's
mental or psychological state, as demonstrated by past behavior or participation in incidents
involving unlawful violence or threats of unlawful violence, or by reason of a single incident
of extreme, violent, unlawful conduct. When a court adds a firearm prohibition to an order
under subsection (2) of this section, the court shall cause a copy of the order to be delivered
to the sheriff of the county, who shall enter the information into the Law Enforcement Data
System.
[(5)] (6) The court retains jurisdiction over the person until the earlier of the end of the period
of the assisted outpatient treatment established under ORS 426.130 (2) or until the court finds that
the person no longer meets the criteria in subsection (2) of this section.
[(6)] (7) This section does not:
(a) Prevent a court from appointing a guardian ad litem to act for the person; or
(b) Require a county to provide treatment or services to, or supervision of, the person if the
county lacks sufficient funds for such purposes.
SECTION 12. 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 or section 5, chapter 826, Oregon Laws 2009, a person commits
the crime of unlawful possession of a firearm if the person knowingly:
Enrolled Senate Bill 941 (SB 941-A) Page 8
(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;
(E) Was found to be a person with mental illness 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) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing
or possessing a firearm; or
[(F)] (G) 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 paragraphs (b) and (c) 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, other than a vehicle described in paragraph (c) of this subsection, has no storage
location that is outside the passenger compartment of the vehicle, 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.
(c) If a 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 in a locked container within or affixed to the vehicle; or
(B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the
discharge of the firearm.
(5) Unlawful possession of a firearm is a Class A misdemeanor.
SECTION 13. ORS 166.250, as amended by section 11a, chapter 826, Oregon Laws 2009, section
2, chapter 662, Oregon Laws 2011, and section 7, chapter 360, Oregon Laws 2013, is amended to
read:
Enrolled Senate Bill 941 (SB 941-A) Page 9
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;
(E) Was found to be a person with mental illness 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) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing
or possessing a firearm; or
[(F)] (G) 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 paragraphs (b) and (c) 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, other than a vehicle described in paragraph (c) of this subsection, has no storage
location that is outside the passenger compartment of the vehicle, 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.
(c) 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 in a locked container within or affixed to the vehicle; or
(B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the
discharge of the firearm.
(5) Unlawful possession of a firearm is a Class A misdemeanor.
SECTION 14. ORS 166.460 is amended to read:
Enrolled Senate Bill 941 (SB 941-A) Page 10
166.460. (1) ORS 166.250, 166.260, 166.291 to 166.295, 166.410, 166.412, 166.425, 166.434, 166.438
and 166.450 do not apply to antique firearms.
(2) Notwithstanding the provisions of subsection (1) of this section, possession of an antique
firearm by a person described in ORS 166.250 (1)(c)(B) to (D) or [(F)] (G) constitutes a violation of
ORS 166.250.
SECTION 15. ORS 166.291, as amended by section 1, chapter 62, Oregon Laws 2014, 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, including a misdemeanor
conviction for the possession of marijuana as described in paragraph (L) of this subsection;
(i) Has not been committed to the Oregon Health Authority under ORS 426.130;
(j) Has not been found to be a person with mental illness 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;
Enrolled Senate Bill 941 (SB 941-A) Page 11
(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 can demonstrate that the person has been convicted only once of a marijuana
possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of
the offense, and has not completed a drug diversion program for a marijuana possession offense that
constituted a misdemeanor or violation under the law of the jurisdiction of the offense; or
(B) The person can demonstrate that the person has only once completed a drug diversion program
for a marijuana possession offense that constituted a misdemeanor or violation under the law
of the jurisdiction of the offense, and has not been convicted of a marijuana possession offense that
constituted a misdemeanor or violation under the law of the jurisdiction of the offense;
(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[.]; and
(p) Is not presently subject to an order under ORS 426.133 prohibiting the person from
purchasing or possessing a firearm.
(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 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 this 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
Enrolled Senate Bill 941 (SB 941-A) Page 12
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, nor have I been found to be a
person with mental illness and presently subject to an order prohibiting me from purchasing or
possessing a firearm because of mental illness. I am not under a court order to participate in
assisted outpatient treatment that includes an order prohibiting me from purchasing or
possessing a firearm. 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.
Name Address
Enrolled Senate Bill 941 (SB 941-A) Page 13
Name Address
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 voter notification 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.
(10) As used in this section, "drug diversion program" means a program in which a defendant
charged with a marijuana possession offense completes a program under court supervision and in
which the marijuana possession offense is dismissed upon successful completion of the diversion
program.
SECTION 16. ORS 166.291, as amended by section 10, chapter 826, Oregon Laws 2009, section
34, chapter 547, Oregon Laws 2011, section 5, chapter 243, Oregon Laws 2013, section 9, chapter 360,
Oregon Laws 2013, section 7, chapter 591, Oregon Laws 2013, and section 2, chapter 62, Oregon
Laws 2014, 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;
Enrolled Senate Bill 941 (SB 941-A) Page 14
(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, including a misdemeanor
conviction for the possession of marijuana as described in paragraph (L) of this subsection;
(i) Has not been committed to the Oregon Health Authority under ORS 426.130;
(j) Has not been found to be a person with mental illness 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 can demonstrate that the person has been convicted only once of a marijuana
possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of
the offense, and has not completed a drug diversion program for a marijuana possession offense that
constituted a misdemeanor or violation under the law of the jurisdiction of the offense; or
(B) The person can demonstrate that the person has only once completed a drug diversion program
for a marijuana possession offense that constituted a misdemeanor or violation under the law
of the jurisdiction of the offense, and has not been convicted of a marijuana possession offense that
constituted a misdemeanor or violation under the law of the jurisdiction of the offense;
(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]
Enrolled Senate Bill 941 (SB 941-A) Page 15
(o) Is not required to register as a sex offender in any state[.]; and
(p) Is not presently subject to an order under ORS 426.133 prohibiting the person from
purchasing or possessing a firearm.
(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 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 this 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, nor have I been found to be a
person with mental illness and presently subject to an order prohibiting me from purchasing or
possessing a firearm because of mental illness. I am not under a court order to participate in
assisted outpatient treatment that includes an order prohibiting me from purchasing or
possessing a firearm. 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
Enrolled Senate Bill 941 (SB 941-A) Page 16
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.
Name: Address
Name: Address
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.
Enrolled Senate Bill 941 (SB 941-A) Page 17
(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 voter notification 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.
(10) As used in this section, "drug diversion program" means a program in which a defendant
charged with a marijuana possession offense completes a program under court supervision and in
which the marijuana possession offense is dismissed upon successful completion of the diversion
program.
SECTION 17. ORS 166.470 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;
(f) After January 1, 1990, was found to be a person with mental illness 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) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing
or possessing a firearm; or
[(h)] (i) 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.
Enrolled Senate Bill 941 (SB 941-A) Page 18
SECTION 18. ORS 166.470, as amended by section 11, chapter 826, Oregon Laws 2009, and
section 11, chapter 360, Oregon Laws 2013, 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;
(f) After January 1, 1990, was found to be a person with mental illness 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) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing
or possessing a firearm; or
[(h)] (i) 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 19. ORS 181.740 is amended to read:
181.740. (1) The Department of Human Services, the Oregon Health Authority, the Psychiatric
Security Review Board and the Judicial Department shall provide the Department of State Police
with the minimum information necessary to identify persons who:
(a) Have been committed by a court to the Oregon Health Authority under ORS 426.130, based
on a finding that the person is dangerous to self or others;
(b) Are subject to a court order under ORS 426.130 or 426.133 prohibiting the person from purchasing
or possessing a firearm;
(c) Have been committed by a court to the Department of Human Services under ORS 427.290,
based on a finding that the person is dangerous to self or others;
(d) Have been found by a court to lack fitness to proceed under ORS 161.370;
(e) Have been found guilty except for insanity of a crime under ORS 161.295 to 161.370;
(f) Have been found responsible except for insanity for an act under ORS 419C.411;
(g) Have been placed under the jurisdiction of the Psychiatric Security Review Board or the
Oregon Health Authority under ORS 161.315 to 161.351; or
(h) Have been committed to a state hospital or facility under ORS 161.315 to 161.351 or 419C.529
to 419C.544.
(2) Upon receipt of the information described in this section, the Department of State Police
shall access and maintain the information and transmit the information to the federal government
as required under federal law.
(3) The Department of Human Services, the Oregon Health Authority, the Psychiatric Security
Review Board and the Judicial Department shall enter into agreements with the Department of
State Police describing the access to information provided under this section.
Enrolled Senate Bill 941 (SB 941-A) Page 19
(4) The Department of State Police shall adopt rules:
(a) After consulting with the Department of Human Services, the Oregon Health Authority, the
Psychiatric Security Review Board and the Judicial Department, describing the type of information
provided to the Department of State Police under this section; and
(b) Describing the method and manner of maintaining the information described in this section
and transmitting the information to the federal government.
(5) As used in this section, "minimum information necessary" means data elements or nominal
information that is necessary or required under federal law to accurately identify a person described
in this section and includes the person's name, date of birth, gender and reference information that
identifies the originating agency or court and enables the originating agency or court to locate an
underlying record or file of a person described in this section. "Minimum information necessary"
does not include any medical, psychiatric or psychological information, case histories or files of a
person described in this section or any record or file of an originating agency or court.
SECTION 20. Section 2 of this 2015 Act and the amendments to ORS 166.432, 166.433,
166.434, 166.438 and 181.150 by sections 6 to 10 of this 2015 Act become operative 90 days after
the effective date of this 2015 Act.
SECTION 21. The Department of State Police may take any action before the operative
date specified in section 20 of this 2015 Act that is necessary for the department to implement
section 2 of this 2015 Act and the amendments to ORS 166.432, 166.433, 166.434, 166.438
and 181.150 by sections 6 to 10 of this 2015 Act.
SECTION 22. The amendments to ORS 166.250, 166.291, 166.460, 166.470, 181.740 and 426.133
by sections 11 to 19 of this 2015 Act apply to orders for assisted outpatient treatment entered
on or after the effective date of this 2015 Act.
SECTION 23. This 2015 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2015 Act takes effect
on its passage.
Passed by Senate April 14, 2015
..................................................................................
Lori L. Brocker, Secretary of Senate
..................................................................................
Peter Courtney, President of Senate
Passed by House May 4, 2015
..................................................................................
Tina Kotek, Speaker of House
Received by Governor:
........................M.,........................................................., 2015
Approved:
........................M.,........................................................., 2015
..................................................................................
Kate Brown, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2015
..................................................................................
Jeanne P. Atkins, Secretary of State
Enrolled Senate Bill 941 (SB 941-A)
