ORS 166.

370 - Possession of firearm or dangerous weapon in public building or court facility - 2011 Oregon Revised Statutes

1/12/13 4:10 PM

2011 ORS 166.370 Possession of firearm or dangerous weapon in public building or court facility
exceptions discharging firearm at school
(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 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) to carry a concealed handgun. (e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building. (f) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a firearm in the course of the lawful taking of wildlife.

(g) Possession of a firearm 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 officers 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 (Forfeiture of deadly weapons). (7) Notwithstanding the fact that a persons 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 (General definitions). [1969 c.705 2,4;
1977 c.207 2; 1979 c.398 2; 1989 c.839 22; 1989 c.982 5; 1991 c.67 39; 1993 c.625 1; 1999 c.782 7; 1999 c.1040 4; 2001 c.666 24,36; 2003 c.614 6; 2009 c.556 6]

Chapter 166

http://www.oregonlaws.org/ors/166.370

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ORS 166.370 - Possession of firearm or dangerous weapon in public building or court facility - 2011 Oregon Revised Statutes

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Law Review Citations

51 OLR 427-637 (1972); 69 OLR 169 (1990)

News Reports
Controversial laws cause questions about school, state procedures Western Oregon Journal / Erin Higgins, Nov 2, 2009 The arrest of Jeffrey L. Maxwell, 30, covered in the "Western Oregon Journal" on Wednesday, Feb. 4, 2009, has re-ignited the sparks of an on-going na ional controversy concerning pos es ion of firearms on university campuses. ... t s s
http://media.www.westernoregonjournal.com/media/storage/paper986/news/2009/02/11/News/Controversial.Laws.Cause.Questions.About.School.State.Procedures3627480.shtml

Guns prohibited on campus PSU Daily Vanguard / Virginia Vickery, Feb 19, 2010 Rule may contradict state law, campus enorce ent policies vague. f m
http://www.dailyvanguard.com/guns-prohibited-on-campus-1.2161303

Related Statutes
131.602 Prohibited con uct for purposes of instru entalities of crime d m 166.173 Authority of city or county to regulate pos es ion of loaded firearms in public places s s 166.262 Limita ion on peace ofi ers authority to arrest for violating ORS 166.250 or 166.370 t fc 166.373 Possession of weapon in court facility by peace ofi er or federal ofi er fc fc 339.315 Report re uired if per on has pos es ion of unlawful firearm or destructive device q s s s 419C.080 Custody 419C.100 Release of youth taken into custody 419C.103 Procedure when youth is not released 419C.109 Initial disposi ion of youth taken into custody t 419C.570 Parent or guardian summoned subject to jurisdic ion of court t 809.260 Court-ordered suspension of driving privileges for convicted juvenile

Legislative Counsel Committee, CHAPTER 166Offenses Against Public Order; Firearms and Other Weapons; Racketeering, http:// ww.eg. tate. r. s/ rs/ 66. tml (2011) (last ac w l s o u o 1 h cessed Mar. 25, 2012).
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Legislative Counsel Committee, Annotations to the Oregon Revised Stat tes, Cumulative Supplement - 2011, Chapter 166, http:// ww.eg. tate. r. s/ rs/ nnos/ 66ano. tm (2011) u w l s o u o a 1 h (last ac essed Mar. 25, 2012). c
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OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information by WebLaws.org

www.oregonlaws.org

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