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 1825

                         House Bill 2376

Sponsored by Representative THATCHER; Senator GEORGE (Presession
  filed.)

                             SUMMARY

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

  Modifies authority of county sheriff related to issuance and
revocation of concealed handgun license.

                        A BILL FOR AN ACT
Relating to concealed handgun licenses; amending ORS 166.293.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.293 is amended to read:
  166.293. (1) If the application for the concealed handgun
license is denied, the sheriff shall set forth in writing the
reasons for the denial. The denial shall be sent to the applicant
by certified mail, restricted delivery, within 45 days after the
application was made. If no decision is issued within 45 days,
the person may seek review under the procedures in subsection (5)
of this section.
  (2) Notwithstanding ORS 166.291 (1), and subject to review as
provided in subsection (5) of this section, a sheriff may deny a
concealed handgun license if the sheriff has reasonable grounds
to believe that the applicant has been or is reasonably likely to
be a danger to self or others, or to the community at large, as a
result of the applicant's mental or psychological state { + , + }
 { - or - }  as demonstrated by the applicant's past pattern of
behavior involving unlawful violence or threats of unlawful
violence.
  (3)(a) Any act or condition that would prevent the issuance of
a concealed handgun license is cause for revoking a concealed
handgun license.
  (b) A sheriff may revoke a concealed handgun license by serving
upon the licensee a notice of revocation. The notice must contain
the grounds for the revocation and must be served either
personally or by certified mail, restricted delivery. The notice
and return of service shall be included in the file of the
licensee. The revocation is effective upon the licensee's receipt
of the notice.
  (4) Any peace officer or corrections officer may seize a
concealed handgun license and return it to the issuing sheriff if
the license is held by a person who has been arrested or cited
for a crime that can or would otherwise disqualify the person
from being issued a concealed handgun license. The issuing
sheriff shall hold the license for 30 days. If the person is not
charged with a crime within the 30 days, the sheriff shall return
the license unless the sheriff revokes the license as provided in
subsection (3) of this section.
  (5) A person denied a concealed handgun license or whose
license is revoked or not renewed under ORS 166.291 to 166.295
may petition the circuit court in the petitioner's county of
residence to review the denial, nonrenewal or revocation. The
petition must be filed within 30 days after the receipt of the
notice of denial or revocation.
  (6) The judgment affirming or overturning the sheriff's
decision shall be based on whether the petitioner meets the
criteria that are used for issuance of a concealed handgun
license and, if the petitioner was denied a concealed handgun
license, whether the sheriff has reasonable grounds for denial
under subsection (2) of this section. Whenever the petitioner has
been previously sentenced for a crime under ORS 161.610 or for a
crime of violence for which the person could have received a
sentence of more than 10 years, the court shall grant relief only
if the court finds that relief should be granted in the interest
of justice.
  (7) Notwithstanding the provisions of ORS 9.320, a corporation,
the state or any city, county, district or other political
subdivision or public corporation in this state, without
appearance by attorney, may appear as a party to an action under
this section.
  (8) Petitions filed under this section shall be heard and
disposed of within 15 judicial days of filing or as soon as
practicable thereafter.
  (9) Filing fees for actions shall be as for any civil action
filed in the court. If the petitioner prevails, the amount of the
filing fee shall be paid by the respondent to the petitioner and
may be incorporated into the court order.
  (10) Initial appeals of petitions shall be heard de novo.
  (11) Any party to a judgment under this section may appeal to
the Court of Appeals in the same manner as for any other civil
action.
  (12) If the governmental entity files an appeal under this
section and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
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