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 3079

                           A-Engrossed

                         Senate Bill 699
                   Ordered by the Senate May 7
             Including Senate Amendments dated May 7

Sponsored by 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.

  Modifies laws prohibiting possession of firearms in public
buildings.   { - Eliminates exemption for person with concealed
handgun license if person possesses firearm in Capitol without
written permission from Legislative Administrator. - }  { +
Provides that law enforcement officer may possess firearm in
public building when off-duty or retired. Requires person with
concealed handgun license to conceal firearm when possessing
firearm in building. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to weapons; amending ORS 166.262, 166.360 and 166.370;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.360 is amended to read:
  166.360. As used in ORS 166.360 to 166.380, unless the context
requires otherwise:
  (1) 'Capitol building' means the Capitol, the State Office
Building, the State Library Building, the Labor and Industries
Building, the State Transportation Building, the Agriculture
Building or the Public Service Building and includes any new
buildings which may be constructed on the same grounds as an
addition to the group of buildings listed in this subsection.
  (2) 'Court facility' means a courthouse or that portion of any
other building occupied by a circuit court, the Court of Appeals,
the Supreme Court or the Oregon Tax Court or occupied by
personnel related to the operations of those courts, or in which
activities related to the operations of those courts take place.
  (3) 'Loaded firearm' means:
  (a) A breech-loading firearm in which there is an unexpended
cartridge or shell in or attached to the firearm including but
not limited to, in a chamber, magazine or clip which is attached
to the firearm.
  (b) A muzzle-loading firearm which is capped or primed and has
a powder charge and ball, shot or projectile in the barrel or
cylinder.
  (4) 'Public building' means a hospital, a capitol building, a
 { - public or private - }  school  { - , - }  as defined in ORS
339.315, a college or university, a city hall { + , + }
 { - or - }  the residence of any state official elected by the
state at large  { - , - }  { +  or any other building owned or
occupied by a public body as defined in ORS 174.109 + } and the
grounds adjacent to each such building.   { - The term also
includes that portion of any other building occupied by an agency
of the state or a municipal corporation, as defined in ORS
297.405, other than - }  { +  'Public building' does not
include + } a court facility.
  (5) 'Weapon' means:
  (a) A firearm;
  (b) Any dirk, dagger, ice pick, slingshot, metal knuckles or
any similar instrument or a knife other than an ordinary pocket
knife, the use of which could inflict injury upon a person or
property;
  (c) Mace, tear gas, pepper mace or any similar deleterious
agent as defined in ORS 163.211;
  (d) An electrical stun gun or any similar instrument;
  (e) A tear gas weapon as defined in ORS 163.211;
  (f) A club, bat, baton, billy club, bludgeon, knobkerrie,
nunchaku, nightstick, truncheon or any similar instrument, the
use of which could inflict injury upon a person or property; or
  (g) A dangerous or deadly weapon as those terms are defined in
ORS 161.015.
  SECTION 2. 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  { - , - }  { +  or + } other
duly appointed peace   { - officers - }  { +  officer, whether
active or retired, provided that the possession by a retired
officer is not otherwise prohibited by law, + } 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 { + , provided that the firearm is
concealed from view + }.
  (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 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) 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 3. ORS 166.262 is amended to read:
  166.262.  { + Except as provided in ORS 166.370 (3)(d),  + }a
peace officer may not arrest or charge a person for violating ORS
166.250 (1)(a) or (b) or 166.370 (1) if the person has in the
person's immediate possession a valid license to carry a firearm
as provided in ORS 166.291 and 166.292.
  SECTION 4.  { + 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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