Oregon CWP Law

                          1993 OREGON REVISED STATUTES
                        TITLE 16. CRIMES AND PUNISHMENTS
     CHAPTER 166. OFFENSES AGAINST PUBLIC ORDER; FIREARMS AND OTHER WEAPONS;
                                  RACKETEERING
                          POSSESSION AND USE OF WEAPONS
      COPR. (c) 1993, 1994 by STATE OF OREGON Legislative Counsel Committee
         Current through Ch. 820 of the 67th Legislative Assembly (1993)

166.291. Issuance of concealed handgun license; application; fees;
liability.

   (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 which, 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. s 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 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 which, 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. s 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 166.420. 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.
-------------------------------------
        Name              Address
--------------------------------------
        Name              Address
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.
(1989 c.839 s 8 (166.291 to 166.293 enacted in lieu of 166.290); 1991 c.67 s
38; 1993 c.732 s 2; 1993 c.735 s 4)

<< OR ST s 166.291 >>

   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 <<-
which ->>   <<+ 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. s 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. s 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.)

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.
_____________________________________
      Name        Address
_____________________________________
      Name        Address
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.

166.292. Procedure for issuing; form of license; duration.

   (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

County__________                  License Number__________
Expires__________                 Date of birth__________
Height__________                  Weight__________
Name__________ Address__________
Licensee's City__________ Zip:_____ Photograph
Signature____________________
Issued by____________________
Date of issue____________________

______________________________________________________________________________
   (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 four years
from the date on which it is issued.
   (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.

166.293. Denial or revocation of license; review.

   (1) If the application for the concealed handgun license is denied, the
sheriff shall set forth in writing the reasons for the denial. The denial shall
be sent to the applicant by certified mail, restricted delivery, within 45 days
after the application was made. If no decision is issued within 45 days, the
person may seek review under the procedures in subsection (5) of this section.
   (2) Notwithstanding ORS 166.291 (1), and subject to review as provided in
subsection (5) of this section, a sheriff may deny a concealed handgun license
if the sheriff has reasonable grounds to believe that the applicant has been or
is reasonably likely to be a danger to self or others, or to the community at
large, as a result of the applicant's mental or psychological state, as
demonstrated by past pattern of behavior or participation in incidents
involving unlawful violence or threats of unlawful violence.
   (3) Any act or condition that would prevent the issuance of a license under
ORS 166.291 to 166.293 shall be cause for revoking a concealed handgun license.
A sheriff may revoke a license by serving upon the licensee a notice of
revocation. The notice must contain the grounds for the revocation and must be
served either personally or by certified mail, restricted delivery. The notice
and return of service shall be included in the file of the licensee. The
revocation is effective upon the licensee's receipt of the notice.
   (4) Any peace officer or corrections officer may seize a concealed handgun
license and return it to the issuing sheriff when the license is held by a
person who has been arrested or cited for a crime that can or would otherwise
disqualify the person from being issued a concealed handgun license. The
issuing sheriff shall hold the license for 30 days. If the person is not
charged with a crime within the 30 days, the sheriff shall return the license
unless the sheriff revokes the license as provided in subsection (3) of this
section.
   (5) A person denied a concealed handgun license or whose license is revoked
or not renewed under ORS 166.291 to 166.295 may petition the district court in
the petitioner's county of residence or, if there is no district court, the
circuit court to review the denial, nonrenewal or revocation. The petition must
be filed within 30 days after the receipt of the notice of denial or
revocation.
   (6) The judgment affirming or overturning the sheriff's decision shall be
based solely on whether the petitioner meets the criteria that are used for
issuance of the license under ORS 166.291 to 166.293. Whenever the petitioner
has been previously sentenced for a crime under ORS 161.610 or for a crime of
violence for which the person could have received a sentence of more than 10
years, the court shall only grant relief if the court finds that relief should
be granted in the interest of justice.
   (7) Notwithstanding the provisions of ORS 9.320, a corporation, the state or
any city, county, district or other political subdivision or public corporation
in this state, without appearance by attorney, may appear as a party to an
action under this section.
   (8) Petitions filed under this section shall be heard and disposed of within
15 judicial days of filing or as soon as practicable thereafter.
   (9) Filing fees for actions shall be as for any civil action filed in the
court. If the petitioner prevails, the amount of the filing fee shall be paid
by the respondent to the petitioner and may be incorporated into the court
order.
   (10) Initial appeals of petitions shall be heard de novo. Appeals from
district court shall go to circuit court.
   (11) Any party to a judgment under this section may appeal to the Court of
Appeals in the same manner as for any other civil action.
   (12) If the governmental entity files an appeal under this section and does
not prevail, it shall be ordered to pay the attorney fees for the prevailing
party.

(1989 c.839 s 9a (166.291 to 166.293 enacted in lieu of 166.290); 1993 c.735 s
6)

SECTION 3. ORS 166.293 is amended to read:

<< OR ST s 166.293 >>

   166.293. (1) If the application for the concealed handgun license is denied,
the sheriff shall set forth in writing the reasons for the denial. The denial
shall be sent to the applicant by certified mail, restricted delivery, within
45 days after the application was made. If no decision is issued within 45
days, the person may seek review under the procedures in subsection (5) of this
section.
   (2) Notwithstanding ORS 166.291(1), and subject to review as provided in
subsection (5) of this section, a sheriff may deny a concealed handgun license
if the sheriff has reasonable grounds to believe that the applicant has been or
is reasonably likely to be a danger to self or others, or to the community at
large, as a result of the applicant's mental or psychological state, as
demonstrated by past pattern of behavior or participation in incidents
involving unlawful violence or threats of unlawful violence.
   (3) <<+ (a) +>> Any act or condition that would prevent the issuance of a
license under ORS 166.291 to 166.293 <<- shall be ->>   <<+ is +>> cause for
revoking a concealed handgun license.
    <<+ (b) Violation of a condition of an order under ORS 30.866, 107.700 to
107.730, 163.735 or 163.738 by a licensee subject to the order is cause for
revoking a concealed handgun license. +>>
    <<+ (c) +>> A sheriff may revoke a license by serving upon the licensee a
notice of revocation. The notice must contain the grounds for the revocation
and must be served either personally or by certified mail, restricted
delivery. The notice and return of service shall be included in the file of
the licensee. The revocation is effective upon the licensee's receipt of the
notice.
   (4) Any peace officer or corrections officer may seize a concealed handgun
license and return it to the issuing sheriff when the license is held by a
person who has been arrested or cited for a crime that can or would otherwise
disqualify the person from being issued a concealed handgun license. The
issuing sheriff shall hold the license for 30 days. If the person is not
charged with a crime within the 30 days, the sheriff shall return the license
unless the sheriff revokes the license as provided in subsection (3) of this
section.
   (5) A person denied a concealed handgun license or whose license is revoked
or not renewed under ORS 166.291 to 166.295 may petition the district court in
the petitioner's county of residence or, if there is no district court, the
circuit court to review the denial, nonrenewal or revocation. The petition
must be filed within 30 days after the receipt of the notice of denial or
revocation.
   (6) The judgment affirming or overturning the sheriff's decision shall be
based solely on whether the petitioner meets the criteria that are used for
issuance of the license under ORS 166.291 to 166.293. Whenever the petitioner
has been previously sentenced for a crime under ORS 161.610 or for a crime of
violence for which the person could have received a sentence of more than 10
years, the court shall only grant relief if the court finds that relief should
be granted in the interest of justice.
   (7) Notwithstanding the provisions of ORS 9.320, a corporation, the state or
any city, county, district or other political subdivision or public corporation
in this state, without appearance by attorney, may appear as a party to an
action under this section.
   (8) Petitions filed under this section shall be heard and disposed of within
15 judicial days of filing or as soon as practicable thereafter.
   (9) Filing fees for actions shall be as for any civil action filed in the
court. If the petitioner prevails, the amount of the filing fee shall be paid
by the respondent to the petitioner and may be incorporated into the court
order.
   (10) Initial appeals of petitions shall be heard de novo. Appeals from
district court shall go to circuit court.
   (11) Any party to a judgment under this section may appeal to the Court of
Appeals in the same manner as for any other civil action.
   (12) If the governmental entity files an appeal under this section and does
not prevail, it shall be ordered to pay the attorney fees for the prevailing
party.

Approved July 7, 1995
OR LEGIS 518 (1995)

166.295. Renewal of license.

   (1)(a) A concealed handgun license is renewable by repeating the procedures
set out in ORS 166.291 and 166.292, except for the requirement to submit
fingerprints and provide character references.
   (b) An otherwise expired concealed handgun license continues to be valid for
up to 45 days after the licensee applies for renewal if:
   (A) The licensee applies for renewal before the original license expires;
   (B) The licensee has proof of the application for renewal; and
   (C) The application for renewal has not been denied.
   (2) If a licensee changes residence, the licensee shall report the change of
address and the sheriff shall issue a new license as a duplication for a change
of address. The license shall expire upon the same date as would the original.

(1989 c.839 s 10; 1993 c.735 s 7)

166.297. Annual report regarding revocation of licenses.

(1) The sheriff of a county shall submit annually to the Department of State
Police a report containing the number of concealed handgun licenses revoked
during the reporting period and the reasons for the revocations.
(2) The Department of State Police shall compile the reports submitted under
subsection (1) of this section and shall submit the compilation to the
Legislative Assembly biennially.

(1993 c.735 s 13)