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 837

                         House Bill 2588

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Judiciary)

                             SUMMARY

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

  Directs Department of State Police to identify states that
recognize Oregon concealed handgun licenses and that impose
eligibility requirements for issuing concealed handgun licenses
that are substantially similar to Oregon requirements.
  Provides nonresidents who are licensed to carry concealed
handgun in state identified by Department of State Police with
defenses provided to persons with Oregon concealed handgun
license. Prohibits arrest of nonresidents who possess valid
concealed handgun license issued in state whose license is
verifiable through use of national law enforcement data system.
  Prohibits issuance of Oregon concealed handgun license to
person convicted of, or found guilty except for insanity of,
misdemeanor involving violence.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to concealed handgun licenses; creating new provisions;
  amending ORS 166.173, 166.260, 166.262, 166.291, 166.370,
  166.663 and 821.240; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Reciprocal license' means a license or permit issued in
another state that authorizes the licensee or permittee to carry
a concealed handgun in the state in which the license or permit
is issued, if the other state:
  (A) Imposes eligibility requirements for the issuance of the
license or permit that are substantially similar to the
requirements described in ORS 166.291 for obtaining a concealed
handgun license;
  (B) Requires the licensee or permittee to renew the license or
permit at least once every seven years; and
  (C) Authorizes a person who is licensed under ORS 166.291 and
166.292 to carry a concealed handgun in the other state.
  (b) 'Verifiable reciprocal license' means a reciprocal license
the validity of which may be verified through the use of the
National Law Enforcement Telecommunications System or other
similar data system available to law enforcement officers in the
field.
  (2) The Department of State Police shall adopt rules that
identify states that issue reciprocal licenses and states that
issue verifiable reciprocal licenses. The department shall review
the rules at least once each year. + }
  SECTION 2. ORS 166.262 is amended to read:
  166.262. A peace officer may not arrest or charge a person for
violating ORS 166.250 (1)(a) or (b) or 166.370 (1) if { + : + }
   { +  (1) + } The person has in the person's immediate
possession a valid license to carry a firearm as provided in ORS
166.291 and 166.292 { + ; or
  (2) The person is not a resident of this state and has in the
person's immediate possession a valid license that the Department
of State Police has determined by rule is a verifiable reciprocal
license under section 1 of this 2013 Act + }.
  SECTION 3. ORS 166.173 is amended to read:
  166.173. (1) A city or county may adopt ordinances to regulate,
restrict or prohibit the possession of loaded firearms in public
places as defined in ORS 161.015.
  (2) Ordinances adopted under subsection (1) of this section do
not apply to or affect:
  (a) A law enforcement officer in the performance of official
duty.
  (b) A member of the military in the performance of official
duty.
  (c) A person  { + who is + } licensed  { + under ORS 166.291
and 166.292 + } to carry a concealed handgun.
   { +  (d) A person who is not a resident of this state and who
possesses a valid license that the Department of State Police has
determined by rule is a reciprocal license under section 1 of
this 2013 Act. + }
    { - (d) - }   { + (e) + } A person authorized to possess a
loaded firearm while in or on a public building or court facility
under ORS 166.370.
    { - (e) - }  { +  (f) + } An employee of the United States
Department of Agriculture, acting within the scope of employment,
who possesses a loaded firearm in the course of the lawful taking
of wildlife.
  SECTION 4. ORS 166.260, as amended by section 3, chapter 106,
Oregon Laws 2012, is amended to read:
  166.260. (1) ORS 166.250 does not apply to or affect:
  (a) Sheriffs, constables, marshals, parole and probation
officers, police officers, whether active or honorably retired,
or other duly appointed peace officers.
  (b) Any person summoned by any such officer to assist in making
arrests or preserving the peace, while said person so summoned is
actually engaged in assisting the officer.
  (c) The possession or transportation by any merchant of
unloaded firearms as merchandise.
  (d) Active or reserve members of:
  (A) The Army, Navy, Air Force, Coast Guard or Marine Corps of
the United States, or of the National Guard, when on duty;
  (B) The commissioned corps of the National Oceanic and
Atmospheric Administration; or
  (C) The Public Health Service of the United States Department
of Health and Human Services, when detailed by proper authority
for duty with the Army or Navy of the United States.
  (e) Organizations which are by law authorized to purchase or
receive weapons described in ORS 166.250 from the United States,
or from this state.
  (f) Duly authorized military or civil organizations while
parading, or the members thereof when going to and from the
places of meeting of their organization.
  (g) A corrections officer while transporting or accompanying an
individual convicted of or arrested for an offense and confined
in a place of incarceration or detention while outside the
confines of the place of incarceration or detention.
  (h) A person who is licensed under ORS 166.291 and 166.292 to
carry a concealed handgun.
   { +  (i) A person who is not a resident of this state and who
possesses a valid license that the Department of State Police has
determined by rule is a reciprocal license under section 1 of
this 2013 Act. + }
  (2) It is an affirmative defense to a charge of violating ORS
166.250 (1)(c)(C) that the person has been granted relief from
the disability under ORS 166.274.
  (3) Except for persons who are otherwise prohibited from
possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS
166.250 does not apply to or affect:
  (a) Members of any club or organization, for the purpose of
practicing shooting at targets upon the established target
ranges, whether public or private, while such members are using
any of the firearms referred to in ORS 166.250 upon such target
ranges, or while going to and from such ranges.
  (b) Licensed hunters or fishermen while engaged in hunting or
fishing, or while going to or returning from a hunting or fishing
expedition.
  (4) The exceptions listed in subsection (1)(b) to   { - (h) - }
 { + (i) + } of this section constitute affirmative defenses to a
charge of violating ORS 166.250.
  SECTION 5. 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 not a resident of this state and who
possesses a valid license that the Department of State Police has
determined by rule is a reciprocal license under section 1 of
this 2013 Act. + }
    { - (e) - }   { + (f) + } A person who is authorized by the
officer or agency that controls the public building to possess a
firearm or dangerous weapon in that public building.
    { - (f) - }  { +  (g) + } An employee of the United States
Department of Agriculture, acting within the scope of employment,
who possesses a firearm in the course of the lawful taking of
wildlife.
    { - (g) - }   { + (h) + } Possession of a firearm on school
property if the firearm:

  (A) Is possessed by a person who is not otherwise prohibited
from possessing the firearm; and
  (B) Is unloaded and locked in a motor vehicle.
  (4) The exceptions listed in subsection (3)(b) to   { - (g) - }
 { + (h) + } of this section constitute affirmative defenses to a
charge of violating subsection (1) of this section.
  (5)(a) Any person who knowingly, or with reckless disregard for
the safety of another, discharges or attempts to discharge a
firearm at a place that the person knows is a school shall upon
conviction be guilty of a Class C felony.
  (b) Paragraph (a) of this subsection does not apply to the
discharge of a firearm:
  (A) As part of a program approved by a school in the school by
an individual who is participating in the program;
  (B) By a law enforcement officer acting in the officer's
official capacity; or
  (C) By an employee of the United States Department of
Agriculture, acting within the scope of employment, in the course
of the lawful taking of wildlife.
  (6) Any weapon carried in violation of this section is subject
to the forfeiture provisions of ORS 166.279.
  (7) Notwithstanding the fact that a person's conduct in a
single criminal episode constitutes a violation of both
subsections (1) and (5) of this section, the district attorney
may charge the person with only one of the offenses.
  (8) As used in this section, 'dangerous weapon' means a
dangerous weapon as that term is defined in ORS 161.015.
  SECTION 6. ORS 166.663 is amended to read:
  166.663. (1) A person may not cast from a motor vehicle an
artificial light while there is in the possession or in the
immediate physical presence of the person a bow and arrow or a
rifle, gun, revolver or other firearm.
  (2) Subsection (1) of this section does not apply to a person
casting an artificial light:
  (a) From the headlights of a motor vehicle that is being
operated on a road in the usual manner.
  (b) When the bow and arrow, rifle, gun, revolver or other
firearm that the person has in the possession or immediate
physical presence of the person is disassembled or stored, or in
the trunk or storage compartment of the motor vehicle.
  (c) When the ammunition or arrows are stored separate from the
weapon.
  (d) On land owned or lawfully occupied by that person.
  (e) On publicly owned land when that person has an agreement
with the public body to use that property.
  (f) When the person is a peace officer or government employee
engaged in the performance of official duties.
  (g) When the person has been issued a license under ORS 166.291
and 166.292 to carry a concealed weapon.
   { +  (h) When the person is not a resident of this state and
possesses a valid license that the Department of State Police has
determined by rule is a reciprocal license under section 1 of
this 2013 Act. + }
  (3) A peace officer may issue a citation to a person for a
violation of subsection (1) of this section when the violation is
committed in the presence of the peace officer or when the peace
officer has probable cause to believe that a violation has
occurred based on a description of the vehicle or other
information received from a peace officer who observed the
violation.
  (4) Violation of subsection (1) of this section is punishable
as a Class B violation.
  (5) As used in this section, 'peace officer' has the meaning
given that term in ORS 161.015.
  SECTION 7. ORS 821.240 is amended to read:

  821.240. (1) A person commits the offense of operating a
snowmobile or an all-terrain vehicle while carrying a firearm or
bow if the person operates any snowmobile or all-terrain vehicle
with a firearm in the possession of the person, unless the
firearm is unloaded, or with a bow, unless all arrows are in a
quiver.
  (2) Subsection (1) of this section does not apply to { + :
  (a) + } A person who is licensed under ORS 166.291 and 166.292
to carry a concealed handgun.
   { +  (b) A person who is not a resident of this state and who
possesses a valid license that the Department of State Police has
determined by rule is a reciprocal license under section 1 of
this 2013 Act. + }
  (3) As used in this section, 'unloaded' means:
  (a) If the firearm is a revolver, that there is no live
cartridge in the chamber that is aligned with the hammer of the
revolver;
  (b) If the firearm is a muzzle-loading firearm, that the
firearm is not capped or primed; or
  (c) If the firearm is other than a revolver or a muzzle-loading
firearm, that there is no live cartridge in the chamber.
  (4) The offense described in this section, operating a
snowmobile or an all-terrain vehicle while carrying a firearm or
bow, is a Class B traffic violation.
  SECTION 8. ORS 166.291 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 - }  { +  a
misdemeanor involving violence as defined in ORS 166.470 + };
  (h) Has   { - not been convicted of a misdemeanor or - }
 { + never been + } found guilty  { - , - }  except for insanity
 { - under ORS 161.295, of a misdemeanor within the four years
prior to the application - }  { +  of a felony or a misdemeanor
involving violence as defined in ORS 166.470 + };
  (i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
  (j) Has not been found to be mentally ill 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 has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
  (B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
  (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.
  (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 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 - }   { + or found guilty except for insanity of, + }
a felony  { + or a misdemeanor involving violence as defined in
ORS 166.470,  + }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 mentally ill and presently subject
to an order prohibiting me from purchasing or possessing a
firearm because of mental illness. 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.
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name        Address
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name        Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________

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 memorandum
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.
  SECTION 9. ORS 166.291, as amended by section 10, chapter 826,
Oregon Laws 2009, and section 34, chapter 547, Oregon Laws 2011,
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 - }  { +  a
misdemeanor involving violence as defined in ORS 166.470 + };
  (h) Has   { - not been convicted of a misdemeanor or - }
 { + never been + } found guilty  { - , - }  except for insanity
 { - under ORS 161.295, of a misdemeanor within the four years
prior to the application - }  { +  of a felony or a misdemeanor
involving violence as defined in ORS 166.470 + };
  (i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
  (j) Has not been found to be mentally ill 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 has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
  (B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
  (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.
  (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 - }   { + or found guilty except for insanity of, + }
a felony  { + or a misdemeanor involving violence as defined in
ORS 166.470, + } 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 mentally ill and presently subject
to an order prohibiting me from purchasing or possessing a
firearm because of mental illness. 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 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.
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name:        Address
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name:        Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________

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 memorandum
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.
  SECTION 10.  { + (1) The amendments to ORS 166.173, 166.260,
166.262, 166.370, 166.663 and 821.240 by sections 2 to 7 of this
2013 Act become operative on January 1, 2014.
  (2) The amendments to ORS 166.173, 166.260, 166.262, 166.370,
166.663 and 821.240 by sections 2 to 7 of this 2013 Act apply to
conduct occurring on or after January 1, 2014. + }
  SECTION 11.  { + (1) The amendments to ORS 166.291 by sections
8 and 9 of this 2013 Act become operative on January 1, 2014.
  (2) The amendments to ORS 166.291 by sections 8 and 9 of this
2013 Act apply to concealed handgun licenses issued before, on or
after the effective date of this 2013 Act. + }
  SECTION 12.  { + 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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