Bill Text: OR HB3009 | 2013 | Regular Session | Introduced

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Bill Title: Relating to firearms; declaring an emergency.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3009 Detail]

Download: Oregon-2013-HB3009-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

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

LC 1657

                         House Bill 3009

Sponsored by Representatives ESQUIVEL, SMITH; Representatives
  KRIEGER, THATCHER, WEIDNER, WHITSETT

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides certain persons with right to possess firearm on
college or university grounds.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to firearms; amending ORS 166.370; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.370 is amended to read:
  166.370. (1) Any person who intentionally possesses a loaded or
unloaded firearm or any other instrument used as a dangerous
weapon, while in or on a public building, shall upon conviction
be guilty of a Class C felony.
  (2)(a) Except as otherwise provided in paragraph (b) of this
subsection, a person who intentionally possesses:
  (A) A firearm in a court facility is guilty, upon conviction,
of a Class C felony. A person who intentionally possesses a
firearm in a court facility shall surrender the firearm to a law
enforcement officer.
  (B) A weapon, other than a firearm, in a court facility may be
required to surrender the weapon to a law enforcement officer or
to immediately remove it from the court facility. A person who
fails to comply with this subparagraph is guilty, upon
conviction, of a Class C felony.
  (b) The presiding judge of a judicial district may enter an
order permitting the possession of specified weapons in a court
facility.
  (3) Subsection (1) of this section does not apply to:
  (a) A sheriff, police officer, other duly appointed peace
officers or a corrections officer while acting within the scope
of employment.
  (b) A person summoned by a peace officer to assist in making an
arrest or preserving the peace, while the summoned person is
engaged in assisting the officer.
  (c) An active or reserve member of the military forces of this
state or the United States, when engaged in the performance of
duty.
  (d) A person who is licensed under ORS 166.291 and 166.292 to
carry a concealed handgun.

  (e) A person who is authorized by the officer or agency that
controls the public building to possess a firearm or dangerous
weapon in that public building.
  (f) An employee of the United States Department of Agriculture,
acting within the scope of employment, who possesses a firearm in
the course of the lawful taking of wildlife.
  (g)   { - Possession of a firearm - }   { + A person who is + }
on school property   { - if the firearm: - }
    { - (A) Is possessed by a person - }   { + and + } who is not
otherwise prohibited from possessing   { - the - }   { + a + }
firearm { + , if the firearm + }  { - ; and - }
    { - (B) - }  is unloaded and locked in a motor vehicle.
  (4) The exceptions listed in subsection (3)(b) to (g) of this
section constitute affirmative defenses to a charge of violating
subsection (1) of this section.
  (5)(a) Any person who knowingly, or with reckless disregard for
the safety of another, discharges or attempts to discharge a
firearm at a place that the person knows is a school shall upon
conviction be guilty of a Class C felony.
  (b) Paragraph (a) of this subsection does not apply to the
discharge of a firearm:
  (A) As part of a program approved by a school in the school by
an individual who is participating in the program;
  (B) By a law enforcement officer acting in the officer's
official capacity; or
  (C) By an employee of the United States Department of
Agriculture, acting within the scope of employment, in the course
of the lawful taking of wildlife.
  (6) Any weapon carried in violation of this section is subject
to the forfeiture provisions of ORS 166.279.
  (7) Notwithstanding the fact that a person's conduct in a
single criminal episode constitutes a violation of both
subsections (1) and (5) of this section, the district attorney
may charge the person with only one of the offenses.
   { +  (8) A person described in subsection (3) of this section
has a right to possess a firearm in or on college or university
grounds that may not be limited or impaired by the college or
university or any body other than the Legislative Assembly,
unless the body is expressly authorized to do so by state
statute. + }
    { - (8) - }   { + (9) + } As used in this section, 'dangerous
weapon' means a dangerous weapon as that term is defined in ORS
161.015.
  SECTION 2.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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