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Oregon Laws

Started by AmbulanceDriver, December 07, 2008, 02:13:48 PM

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AmbulanceDriver

Here are some of the applicable firearms laws for Appleseed, especially as relates to minors shooting during an Appleseed (bold/italic emphasis mine):

166.250 Unlawful possession of firearms.

      (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 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;

      (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; 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 Department of Human Services 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) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8]

166.260 Persons not affected by ORS 166.250.

      (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.

      (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 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.

      (h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

      (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.

      (3) The exceptions listed in subsection (1)(b) to (h) of this section constitute affirmative defenses to a charge of violating ORS 166.250. [Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1; 1995 c.670 §2; 1999 c.1040 §3]


This is not an exhaustive list, but it is everything that I could find in ORS 166.  Others on this board that may be more familiar than I with Oregon law, particularly firearms laws, may be able to shed more light on the subject. 

SkipNChurch

http://oregonfirearms.org/store/uorlbk.html



Kevin Starrett of OFF has penned this kickass book dealing with the Laws and Rules we Oregonians must live and deal with.
Once you've got it, you may never be inclined to leave home with your gun without it.

OFF is THE Voice of Gunowners in Salem and Oregon.

Feel free to visit http://www.oregonfirearms.org , look things over, and order the book.

All the students in my CHL classes receive a copy of this book as part of their instruction.

kevinL
Sagebrush Firearms Education Team
Umatilla
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual." - Thomas Jefferson

AmbulanceDriver

Thanks SkipN!  I had actually forgotten about Kevin's book (but definitely not about OFF)...  That is indeed a great resource. 

SteveC

The Oregon State Bar had Legallinks TV television program addressing gun laws in Oregon that was shown back in January.  Here is the link to where it is available for Streaming:    http://www.osbar.org/public/cable scroll down the Guns In Oregon (January 2011). 

-stevec
"Bring your children to Appleseed so they may prepare to become dangerous old men and women should the necessity present."
-stevec