70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session

LC 2435

                     A-Engrossed

                   House Bill 2535
              Ordered by the House May 17
         Including House Amendments dated May 17

Sponsored by Representative MANNIX


                        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 several areas of firearm-related law.

* Requires criminal history record check for purchase of
firearm.

* Specifies standards for immunity from civil liability, record
  retention, confidentiality and concealed handgun license.

* Creates violation of unlawful storage of firearm.

* Reduces unlawful possession of firearm to violation in certain
  situations.

* Creates crime of being present in place where firearms are on
  sale.

* Punishes by maximum of one year of imprisonment, $5,000 fine,
  or both.


                        A BILL FOR AN ACT

Relating to firearms; creating new provisions; amending ORS
166.250, 166.260, 166.291, 166.292, 166.412, 166.414, 166.416,
166.418, 166.460 and 192.501; and repealing ORS 166.422.

Be It Enacted by the People of the State of Oregon:

SECTION 1. 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 (12) 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 (13) of this
    section, a gun dealer shall comply with the following before
    a firearm 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 firearm 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.

    (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 firearm 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)(a) 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.

   (b) Except for product liability, a gun dealer who complies
       with the requirements of this section is immune from
       civil liability for any use of the firearm from the time
       the firearm is transferred unless the gun dealer
       transfers the firearm knowing that the purchaser is
       likely to commit an unlawful act involving the firearm.

(7)(a) The department may retain a record of:

       (A) Any information obtained during a request for a
           criminal history record check under this section or
           section 5 of this 1999 Act for no more than five
           years if the firearm being transferred is a handgun.


       (B) Information about the firearm and the gun dealer or
           other person transferring the firearm that is
           obtained during a request for a criminal history
           record check under this section or section 5 of this
           1999 Act for no more than two years if the firearm
           being transferred is not a handgun.

       (C) Information about the purchaser that is obtained
           during a request for a criminal history record check
           under this section or section 5 of this 1999 Act for
           no more than 60 days if the firearm being transferred
           is not a handgun.

       (D) Any information obtained during a request for a
           criminal history record check under this section or
           section 5 of this 1999 Act indefinitely if the
           purchaser was disqualified from completing the
           transfer or if an investigation was necessary.

    (b) The department by rule shall establish standards for
        maintenance, use and purging of the records described in
        this subsection.

    (c) The record of the information obtained during a request
        for a criminal   { - records - }  { + history record
        check by a gun dealer is confidential and may not be
        disclosed.

(8) The Mental Health and Developmental Disability Services
    Division shall provide the department with direct electronic
    access to information from the division's database of
    information identifying persons meeting the criteria in ORS
    166.470 (1)(e) and (f) who were committed or subject to an
    order under ORS 426.130.  The department and the division
    shall enter into an agreement describing the access to
    information under this subsection.

(9) A law enforcement agency may inspect the records of a gun
    dealer relating to transfers of firearms 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.

(10) When a firearm is delivered, it shall be unloaded.

(11) In accordance with applicable provisions of ORS 183.310 to
     183.550, 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;

     (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.

(12) The department shall publish the firearms transaction
     thumbprint form and shall furnish the form to gun dealers
     on application at cost.

(13) This section does not apply to transactions between persons
     licensed as dealers under 18 U.S.C. 923.

SECTION 2. ORS 166.416 is amended to read: 166.416.

(1) A person commits the crime of providing false information in
    connection with a transfer of a firearm if the person
    knowingly provides a false name or false information or
    presents false identification in connection with a purchase
    or transfer of a firearm under ORS 166.412.

(2) Providing false information in connection with a transfer of
    a firearm is a Class A misdemeanor.


SECTION 3. ORS 166.418 is amended to read: 166.418.

(1) A person commits the crime of improperly transferring a
    firearm if the person is a gun dealer as defined in ORS
    166.412 and sells, leases or otherwise transfers a firearm
    and intentionally violates ORS 166.412.

(2) Improperly transferring a firearm is a Class A misdemeanor.


SECTION 4.  Sections 5 and 6 of this 1999 Act are added to
and made a part of ORS 166.425 to 166.470.


SECTION 5.

(1) The Department of State Police shall make the telephone
    number established under ORS 166.412 (5) available for the
    purpose of responding to inquiries from persons other than
    gun dealers for criminal history record checks under this
    section.

(2) Prior to transferring a firearm to a purchaser, a person
    other than a gun dealer may 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 name of the person making the transfer;

    (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
        purchaser;

    (d) The Social Security number of the purchaser if the
        purchaser voluntarily provides this number; and

    (e) The type, issuer and identification number of the
        identification bearing the purchaser's recent photograph
        presented by the purchaser.

(3) (a) Upon receipt of a request for a criminal history record
        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 purchaser is disqualified
           under ORS 166.470 from completing the purchase; and

       (B) Notify the person when a purchaser is disqualified
           from completing the transfer.

    (b) If the department is unable to determine if the
        purchaser is qualified for or disqualified from
        completing the transfer within 30 minutes, the
        department shall notify the person and provide the
        person with an estimate of the time when the department
        will provide the requested information.

(4) (a) Except as otherwise provided in paragraph (b) of this
        subsection, a person who receives notification under
        this section that a purchaser is qualified to complete
        the transfer of a firearm is immune from civil liability
        for any use of the firearm from the time of the transfer
        unless the person transfers the firearm knowing that the
        purchaser is likely to commit an unlawful act involving
        the firearm.

    (b) The immunity provided by paragraph (a) of this
        subsection does not apply if the person transferring the
        firearm knows that the purchaser of the firearm intends
        to deliver the firearm to a third person whom the
        transferor knows may not lawfully possess the firearm.

(5) A public employee or public agency incurs no criminal or
    civil liability for performing the investigations required
    by this section provided the employee or agency acts in good
    faith and without malice.

(6) The record of the information obtained during a request for
    a criminal history record check under this section is
    confidential and may not be disclosed. + }


SECTION 6.

(1) A person other than a dealer who transfers more than 25
    firearms in a calendar year is required to request a
    criminal history record check under section 5 of this 1999
    Act prior to completing each firearm transfer after the 25th
    transfer.  Once a person is required to request a criminal
    history record check under this section, the person is
    required to request criminal history record checks on every
    firearm transfer until such time as the person transfers
    fewer than 26 firearms in a calendar year.

(2) A person other than a dealer who transfers a firearm at an
    event at which the person knows, or reasonably should know,
    that more than 25 firearms are on site and available for
    transfer is required to request a criminal history record
    check under section 5 of this 1999 Act prior to completing
    the transfer. The department may reduce the fee required by
    ORS 166.414 (1) for second and subsequent criminal history
    record checks requested by the same person under this
    subsection.

(3) (a) Subsections (1) and (2) of this section do not apply if
        the person is transferring the firearms as part of an
        estate sale that involves the assets of a single estate
        only.

    (b) Subsection (2) of this section does not apply if the
        person conducts the transfer from the person's place of
        residence.

(4) Failure to comply with the requirements of subsection (1)
    or (2) of this section is a violation.


SECTION 7. ORS 166.414 is amended to read: 166.414.

(1) The Department of State Police may adopt a fee schedule for
    criminal history record checks required under ORS 166.412
    or performed under section 5 of this 1999 Act and collect a
    fee for each criminal history record check requested. The
    fee schedule shall be calculated to recover the cost of
    performing criminal history record checks required under ORS
    166.412  or performed under section 5 of this 1999 Act plus
    $1, but may not exceed $8.50 per record check. If the volume
    of inquiries reduces the cost of the system, the department
    shall reduce the fee appropriately. The department shall
    allow persons to pay the fee by using a credit card or debit
    card.

(2) Fees collected under this section shall be paid into the
    State Treasury and deposited in the General Fund to the
    credit of the State Police Account. One dollar of each fee
    collected under subsection (1) of this section shall be used
    exclusively for the enforcement of laws regulating the
    transfer of firearms and requiring criminal history
    background checks.


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
            Immigration and Naturalization Service 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) Has a principal residence in the county in which the
        application is made;

    (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;

    (i) Has not been committed to the Mental Health and
        Developmental Disability Services Division 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; and

    (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.

(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 (k) 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)(a) to (k) 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.

(4) Application forms for concealed handgun licenses shall be
    supplied by the sheriff upon request. The forms shall be uniform
    throughout the 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 Immigration and
Naturalization Service 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. 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 Mental
Health and Developmental Disability Services Division 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
understand I will be fingerprinted and photographed.

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.
Type of identification and number on identification to be filled
in by sheriff):
  1.________
  2.________

Height ___ Weight ___

Current address _____
                                    (List residence addresses for
                                    the past three years on 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_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name        Address
__________________

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

     Name        Address

Approved __ Disapproved __ by __

Competence with handgun demonstrated by ___ (to be filled in by
sheriff) Date ___ Fee Paid ___
License No. ___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________

(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) If a person who holds a valid concealed handgun license from
    another state or territory of the United States applies for
    a concealed handgun license under this section within 30
    days after becoming a resident of this state, the sheriff
    may authorize recognition of the out-of-state license
    pending processing of the application. The sheriff
    authorizes recognition by issuing a letter of authorization
    to the applicant. The applicant must carry the letter of
    authorization with the out-of-state permit. The letter is
    valid for 60 days after issuance or until the applicant's
    application is denied, whichever occurs first. When entering
    the applicant's name into the Law Enforcement Data System
    under subsection (7) of this section, the sheriff shall
    indicate if the person has been issued a letter of
    authorization under this subsection.

(9) The sheriff may waive the residency requirement in
    subsection (1)(c) of this section for a resident of another
    state or territory of the United States. A resident of a
    noncontiguous state or territory of the United States may
    apply for an Oregon concealed handgun license only once in a
    calendar year.


SECTION 9. ORS 166.292 is amended to read: 166.292.

(1) If the application for the license is approved, the sheriff
    shall issue and mail or otherwise deliver to the applicant
    at the address shown on the application, within 45 days of
    the application, a wallet sized license bearing the
    photograph of the licensee. The license must be signed by
    the licensee and carried whenever the licensee carries a
    concealed handgun.

(2) Failure of a person who carries a concealed handgun also to
    carry a concealed handgun license is prima facie evidence that
the person does not have such a license.

(3) Licenses for concealed handguns shall be uniform throughout
    the state in substantially the following form:


_________________________________________________________________

                    OREGON CONCEALED HANDGUN
                             LICENSE

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

County_____
              License Number___
Expires_____
              Date of birth____
Height_____
              Weight_____
Name______
 Address______
Licensee's City___
 Zip__
 Photograph
Signature__________
Issued by__________
Date of issue__________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________

(4) An Oregon concealed handgun license issued under ORS 166.291
    and this section, unless revoked under ORS 166.293, is valid
    for a period of:

    (a) Four years from the next birthday of the licensee; or

    (b) One year from the next birthday of the licensee, if the
        license is issued under ORS 166.291 (9) to the resident
        of a noncontiguous state or territory of the United
        States. + }

(5) The sheriff shall keep a record of each license issued under
    ORS 166.291 and this section, or renewed pursuant to ORS
    166.295.

(6) When a sheriff issues a concealed handgun license under this
    section, the sheriff shall provide the licensee with a list
    of those places where carrying concealed handguns is
    prohibited or restricted by state or federal law.


SECTION 10. ORS 192.501 is amended to read: 192.501.

The following public records are exempt from disclosure under
ORS 192.410 to 192.505 unless the public interest requires
disclosure in the particular instance:

(1) Records of a public body pertaining to litigation to which
    the public body is a party if the complaint has been filed,
    or if the complaint has not been filed, if the public body
    shows that such litigation is reasonably likely to occur.
    This exemption does not apply to litigation which has been
    concluded, and nothing in this subsection shall limit any
    right or opportunity granted by discovery or deposition
    statutes to a party to litigation or potential litigation;

(2) Trade secrets. 'Trade secrets,' as used in this section, may
    include, but are not limited to, any formula, plan, pattern,
    process, tool, mechanism, compound, procedure, production
    data, or compilation of information which is not patented,
    which is known only to certain individuals within an
    organization and which is used in a business it conducts,
    having actual or potential commercial value, and which gives
    its user an opportunity to obtain a business advantage over
    competitors who do not know or use it;

(3) Investigatory information compiled for criminal law
    purposes. The record of an arrest or the report of a crime
    shall be disclosed unless and only for so long as there is a
    clear need to delay disclosure in the course of a specific
    investigation, including the need to protect the complaining
    party or the victim.  Nothing in this subsection shall limit
    any right constitutionally guaranteed, or granted by
    statute, to disclosure or discovery in criminal cases. For
    purposes of this subsection, the record of an arrest or the
    report of a crime includes, but is not limited to:

    (a) The arrested person's name, age, residence, employment,
        marital status and similar biographical information;

    (b) The offense with which the arrested person is charged;

    (c) The conditions of release pursuant to ORS 135.230 to
        135.290;

    (d) The identity of and biographical information concerning
        both complaining party and victim;

    (e) The identity of the investigating and arresting agency
        and the length of the investigation;

    (f) The circumstances of arrest, including time, place,
        resistance, pursuit and weapons used; and

    (g) Such information as may be necessary to enlist public
        assistance in apprehending fugitives from justice;

(4) Test questions, scoring keys, and other data used to
    administer a licensing examination, employment, academic or
    other examination or testing procedure before the
    examination is given and if the examination is to be used
    again. Records establishing procedures for and instructing
    persons administering, grading or evaluating an examination
    or testing procedure are included in this exemption, to the
    extent that disclosure would create a risk that the result
    might be affected;

(5) Information consisting of production records, sale or
    purchase records or catch records, or similar business
    records of a private concern or enterprise, required by law
    to be submitted to or inspected by a governmental body to
    allow it to determine fees or assessments payable or to
    establish production quotas, and the amounts of such fees or
    assessments payable or paid, to the extent that such
    information is in a form which would permit identification
    of the individual concern or enterprise. This exemption does
    not include records submitted by long term care facilities
    as defined in ORS 442.015 to the state for purposes of
    reimbursement of expenses or determining fees for patient
    care. Nothing in this subsection shall limit the use which
    can be made of such information for regulatory purposes or
    its admissibility in any enforcement proceeding;

(6) Information relating to the appraisal of real estate prior
    to its acquisition;

(7) The names and signatures of employees who sign authorization
    cards or petitions for the purpose of requesting
    representation or decertification elections;

(8) Investigatory information relating to any complaint filed
    under ORS 659.040 or 659.045, until such time as the
    complaint is resolved under ORS 659.050, or a final
    administrative determination is made under ORS 659.060;

(9) Investigatory information relating to any complaint or
    charge filed under ORS 243.676 and 663.180;

(10) Records, reports and other information received or compiled
     by the Director of the Department of Consumer and Business
     Services under ORS 697.732;

(11) Information concerning the location of archaeological sites
     or objects as those terms are defined in ORS 358.905,
     except if the governing body of an Indian tribe requests
     the information and the need for the information is related
     to that Indian tribe's cultural or religious activities.
     This exemption does not include information relating to a
     site that is all or part of an existing, commonly known and
     publicized tourist facility or attraction;

(12) A personnel discipline action, or materials or documents
     supporting that action;

(13) Information developed pursuant to ORS 496.004, 496.172 and
     498.026 or ORS 496.192 and 564.100, regarding the habitat,
     location or population of any threatened species or
     endangered species;

(14) Writings prepared by or under the direction of faculty of
     public educational institutions, in connection with
     research, until publicly released, copyrighted or patented;

(15) Computer programs developed or purchased by or for any
     public body for its own use. As used in this subsection, '
     computer program' means a series of instructions or
     statements which permit the functioning of a computer
     system in a manner designed to provide storage, retrieval
     and manipulation of data from such computer system, and any
     associated documentation and source material that explain
     how to operate the computer program. ' Computer program'
     does not include:

     (a) The original data, including but not limited to
         numbers, text, voice, graphics and images;

     (b) Analyses, compilations and other manipulated forms of
         the original data produced by use of the program; or

     (c) The mathematical and statistical formulas which would
         be used if the manipulated forms of the original data
         were to be produced manually;

(16) Data and information provided by participants to mediation
     under section 5, chapter 967, Oregon Laws 1989;

(17) Investigatory information relating to any complaint or
     charge filed under ORS chapter 654, until a final
     administrative determination is made or, if a citation is
     issued, until an employer receives notice of any citation;

(18) Specific operational plans in connection with an
     anticipated threat to individual or public safety for
     deployment and use of personnel and equipment, prepared and
     used by a law enforcement agency, if public disclosure
     thereof would endanger the life or physical safety of a
     citizen or law enforcement officer or jeopardize the law
     enforcement activity involved;

(19) (a) Audits or audit reports of a telecommunications
         utility. As used in this paragraph, 'audit or audit
         report of a telecommunications utility' means any
         external or internal audit or audit report pertaining
         to a telecommunications utility, as defined in ORS
         759.005, or pertaining to a corporation having an
         affiliated interest, as defined in ORS 759.010, with a
         telecommunications utility that is intended to make the
         operations of the entity more efficient, accurate or
         compliant with applicable rules, procedures or
         standards, that may include self-criticism and that has
         been filed by the telecommunications utility or
         affiliate under compulsion of state law. 'Audit or
         audit report of a telecommunications utility' does not
         mean an audit of a cost study that would be
         discoverable in a contested case proceeding and that is
         not subject to a protective order.

    (b) Financial statements. As used in this paragraph, '
        financial statement' means a financial statement of a
        nonregulated corporation having an affiliated interest,
        as defined in ORS 759.010, with a telecommunications
        utility, as defined in ORS 759.005;   { - and - }

(20) The residence address of an elector if authorized under ORS
     247.965 and subject to ORS 247.967; and

(21) A record of the information required for the issuance of a
     concealed handgun license under ORS 166.291 or for renewal
     of a concealed handgun license under ORS 166.295.


SECTION 11. ORS 192.501, as amended by section 13, chapter 967,
Oregon Laws 1989, section 2, chapter 636, Oregon Laws 1991,
section 2, chapter 678, Oregon Laws 1991, section 5, chapter
616, Oregon Laws 1993, section 2, chapter 787, Oregon Laws 1993,
and section 3, chapter 604, Oregon Laws 1995, is amended to
read: 192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:

(1) Records of a public body pertaining to litigation to which
    the public body is a party if the complaint has been filed,
    or if the complaint has not been filed, if the public body
    shows that such litigation is reasonably likely to occur.
    This exemption does not apply to litigation which has been
    concluded, and nothing in this subsection shall limit any
    right or opportunity granted by discovery or deposition
    statutes to a party to litigation or potential litigation;

(2) Trade secrets. 'Trade secrets,' as used in this section, may
    include, but are not limited to, any formula, plan, pattern,
    process, tool, mechanism, compound, procedure, production
    data, or compilation of information which is not patented,
    which is known only to certain individuals within an
    organization and which is used in a business it conducts,
    having actual or potential commercial value, and which gives
    its user an opportunity to obtain a business advantage over
    competitors who do not know or use it;

(3) Investigatory information compiled for criminal law
    purposes. The record of an arrest or the report of a crime
    shall be disclosed unless and only for so long as there is a
    clear need to delay disclosure in the course of a specific
    investigation, including the need to protect the complaining
    party or the victim.  Nothing in this subsection shall limit
    any right constitutionally guaranteed, or granted by
    statute, to disclosure or discovery in criminal cases. For
    purposes of this subsection, the record of an arrest or the
    report of a crime includes, but is not limited to:

    (a) The arrested person's name, age, residence, employment,
        marital status and similar biographical information;

    (b) The offense with which the arrested person is charged;

    (c) The conditions of release pursuant to ORS 135.230 to
        135.290;

    (d) The identity of and biographical information concerning
        both complaining party and victim;

    (e) The identity of the investigating and arresting agency
        and the length of the investigation;

    (f) The circumstances of arrest, including time, place,
        resistance, pursuit and weapons used; and

    (g) Such information as may be necessary to enlist public
        assistance in apprehending fugitives from justice;

(4) Test questions, scoring keys, and other data used to
    administer a licensing examination, employment, academic or
    other examination or testing procedure before the
    examination is given and if the examination is to be used
    again. Records establishing procedures for and instructing
    persons administering, grading or evaluating an examination
    or testing procedure are included in this exemption, to the
    extent that disclosure would create a risk that the result
    might be affected;

(5) Information consisting of production records, sale or
    purchase records or catch records, or similar business
    records of a private concern or enterprise, required by law
    to be submitted to or inspected by a governmental body to
    allow it to determine fees or assessments payable or to
    establish production quotas, and the amounts of such fees or
    assessments payable or paid, to the extent that such
    information is in a form which would permit identification
    of the individual concern or enterprise. This exemption does
    not include records submitted by long term care facilities
    as defined in ORS 442.015 to the state for purposes of
    reimbursement of expenses or determining fees for patient
    care. Nothing in this subsection shall limit the use which
    can be made of such information for regulatory purposes or
    its admissibility in any enforcement proceeding;

(6) Information relating to the appraisal of real estate prior
    to its acquisition;

(7) The names and signatures of employees who sign authorization
    cards or petitions for the purpose of requesting
    representation or decertification elections;

(8) Investigatory information relating to any complaint filed
    under ORS 659.040 or 659.045, until such time as the
    complaint is resolved under ORS 659.050, or a final
    administrative determination is made under ORS 659.060;

(9) Investigatory information relating to any complaint or
    charge filed under ORS 243.676 and 663.180;

(10) Records, reports and other information received or compiled
     by the Director of the Department of Consumer and Business
     Services under ORS 697.732;

(11) Information concerning the location of archaeological sites
     or objects as those terms are defined in ORS 358.905,
     except if the governing body of an Indian tribe requests
     the information and the need for the information is related
     to that Indian tribe's cultural or religious activities.
     This exemption does not include information relating to a
     site that is all or part of an existing, commonly known and
     publicized tourist facility or attraction;

(12) A personnel discipline action, or materials or documents
     supporting that action;

(13) Information developed pursuant to ORS 496.004, 496.172 and
     498.026 or ORS 496.192 and 564.100, regarding the habitat,
     location or population of any threatened species or
     endangered species;

(14) Writings prepared by or under the direction of faculty of
     public educational institutions, in connection with
     research, until publicly released, copyrighted or patented;

(15) Computer programs developed or purchased by or for any
     public body for its own use. As used in this subsection, '
     computer program' means a series of instructions or
     statements which permit the functioning of a computer
     system in a manner designed to provide storage, retrieval
     and manipulation of data from such computer system, and any
     associated documentation and source material that explain
     how to operate the computer program. ' Computer program'
     does not include:

     (a) The original data, including but not limited to
         numbers, text, voice, graphics and images;

     (b) Analyses, compilations and other manipulated forms of
         the original data produced by use of the program; or

     (c) The mathematical and statistical formulas which would
         be used if the manipulated forms of the original data
         were to be produced manually;

(16) Investigatory information relating to any complaint or
     charge filed under ORS chapter 654, until a final
     administrative determination is made or, if a citation is
     issued, until an employer receives notice of any citation;

(17) Specific operational plans in connection with an
     anticipated threat to individual or public safety for
     deployment and use of personnel and equipment, prepared and
     used by a law enforcement agency, if public disclosure
     thereof would endanger the life or physical safety of a
     citizen or law enforcement officer or jeopardize the law
     enforcement activity involved;

(18) (a) Audits or audit reports of a telecommunications
         utility. As used in this paragraph, 'audit or audit
         report of a telecommunications utility' means any
         external or internal audit or audit report pertaining
         to a telecommunications utility, as defined in ORS
         759.005, or pertaining to a corporation having an
         affiliated interest, as defined in ORS 759.010, with a
         telecommunications utility that is intended to make the
         operations of the entity more efficient, accurate or
         compliant with applicable rules, procedures or
         standards, that may include self-criticism and that has
         been filed by the telecommunications utility or
         affiliate under compulsion of state law. 'Audit or
         audit report of a telecommunications utility' does not
         mean an audit of a cost study that would be
         discoverable in a contested case proceeding and that is
         not subject to a protective order.

    (b) Financial statements. As used in this paragraph, '
        financial statement' means a financial statement of a
        nonregulated corporation having an affiliated interest,
        as defined in ORS 759.010, with a telecommunications
        utility, as defined in ORS 759.005;

(19) The residence address of an elector if authorized under ORS
     247.965 and subject to ORS 247.967; and

(20) A record of the information required for the issuance of a
     concealed handgun license under ORS 166.291 or for renewal
     of a concealed handgun license under ORS 166.295.

SECTION 12. Nothing in the amendments to ORS 192.501 by section
10 or 11 of this 1999 Act affects the operative date provisions
of section 17, chapter 967, Oregon Laws 1989, as amended by
section 1, chapter 277, Oregon Laws 1995.

SECTION 13. ORS 166.260 is amended to read: 166.260.

(1) ORS 166.250 does not apply to or affect:

    (a) Sheriffs, constables, marshals, police officers, whether
        active or honorably retired, parole and probation
        officers or other duly appointed peace officers { + , or
        reserve officers if the appointing authorities
        specifically authorized the reserve officers to carry
        concealed handguns while off duty + }.

    (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) Members of the Army, Navy, Air Force, Coast Guard or
        Marine Corps of the United States, or of the National
        Guard, when on duty.

    (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.

(2) 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.

SECTION 14. ORS 166.250 is amended to read: 166.250.

(1) Except as otherwise provided in this section, ORS 166.260,
    166.270, 166.274, 166.280, 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, without
        having a license to carry the firearm as provided in ORS
        166.291 and 166.292;

    (b) Carries concealed and readily accessible to the person
        within any vehicle which is under the person's control
        or direction any handgun, without having a license to
        carry such firearm as provided in ORS 166.291 and
        166.292; 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 or found guilty,
            except for insanity under ORS 161.295, of a felony;

        (D) Was committed to the Mental Health and Developmental
            Disability Services Division under ORS 426.130; or

        (E) Was found to be mentally ill 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.

(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) Unlawful possession of a firearm is a Class A
        misdemeanor.

    (b) Notwithstanding paragraph (a) of this subsection,
        unlawful possession of a firearm is a violation when a
        defendant who is convicted of a charge of unlawful
        possession of a firearm under subsection (1)(a) or (b)
        of this section proves that the defendant:

        (A) Has no prior conviction for any criminal offense;
            and

        (B) Was not committing any other offense at the time of
            the unlawful possession.


SECTION 15. Sections 16, 17 and 18 of this 1999 Act are added to
and made a part of ORS 166.250 to 166.270.

SECTION 16.

(1) A person commits the offense of unlawful storage of a
    firearm if:

    (a) The person, with criminal negligence, stores or leaves a
        loaded firearm without:

        (A) A locked commercial trigger guard in place; or

        (B) Placing the firearm in a locked storage device with
            the key kept in a separate place;

    (b) A child under 15 years of age gains access to the
        firearm; and

    (c) The child injures or kills a person within 24 hours
        after acquiring the firearm.

(2) Unlawful storage of a firearm is a violation.

(3) Subsection (1) of this section does not apply if:

    (a) The child obtains and possesses the firearm while under
        the direct supervision of a person who is at least 18
        years of age; or

    (b) The child obtains possession of the firearm through the
        illegal act of any person other than the person referred
        to in subsection (1)(a) of this section. + }

SECTION 17. The owner of a firearm is immune from civil or
criminal liability for the improper use of the owner's firearm
by someone other than the owner if the owner:

(1) Did not authorize the use; and

(2) Stored the firearm in a locked storage container or with a
    commercial trigger guard in place so as to prevent the
    discharge of the firearm.


SECTION 18.

(1) A person commits the crime of being present in a place where
    firearms are on sale if the person:

    (a) Is prohibited from possessing a firearm under ORS
        166.270 or as a condition of probation or by other order
        of a court; and

    (b) (A) With the intent to acquire a firearm, is present at
            a location knowing that there are more than 25
            firearms for sale at the location; or

        (B) Is present at an event held primarily for the
            purpose of transferring firearms.

(2) Being present in a place where firearms are on sale is a
    Class A misdemeanor.

SECTION 19. ORS 166.460 is amended to read: 166.460.

(1) ORS 166.250, 166.260, 166.280, 166.291 to 166.295, 166.410,
    166.412, 166.425 and 166.450 and section 6 of this 1999 Act
    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), (C) or (D) constitutes a
    violation of ORS 166.250.


SECTION 20.

(1) During the first seven days of each month, the Department of
    State Police shall purge records of information retained
    under ORS 166.412 (7) in accordance with the retention
    periods established in ORS 166.412 (7).

(2) Once each quarter, the Oregon Department of Administrative
    Services shall review the records system of the Department
    of State Police to ensure that the Department of State
    Police is complying with the requirements of ORS 166.412 (7)
    and subsection (1) of this section.

(3) Once each calendar year, the Oregon Department of
    Administrative Services and the Department of State Police
    shall submit a report to the Legislative Assembly as
    provided in ORS 192.245, on the maintenance, purging and
    review of records under ORS 166.412 (7) and subsections (1)
    and (2) of this section.

SECTION 21.  ORS 166.422 is repealed and section 22 of this 1999
Act is enacted in lieu thereof. + }

SECTION 22.

(1) Notwithstanding ORS 166.412 (6)(a) and section 5 (5) of this
    1999 Act, upon complaint of any person, the Oregon
    Department of Administrative Services may impose a civil
    penalty:

    (a) Of up to $1,000 upon the Department of State Police for
        the unintentional disclosure of information in violation
        of ORS 166.412 (7)(c) or section 5 (6) of this 1999 Act.
        An individual may not be held liable for the
        unintentional disclosure of information under this
        paragraph.

    (b) Of up to $10,000 upon an individual who knowingly
        releases information with the intent to violate ORS
        166.412 (7)(c) or section 5 (6) of this 1999 Act. An
        agency may not indemnify an employee for a penalty
        imposed upon the employee under this paragraph.

    (c) Of up to $10,000 upon a state or local agency or an
        individual who intentionally misuses or obtains
        unauthorized access to information maintained under ORS
        166.412 (7).

(2) Civil penalties under this section shall be imposed as
    provided in ORS 183.090.

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