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License Revocation |
IMPORTANT
UPDATE. HOUSE
BILL 2300 of the 2007 Legislative session will almost certainly
overturn this law and return it to the previous language. That
means that if and when it passes, the following information
will no longer be valid, and a license will be revocable for
any reason that it can be denied. Please stay tuned for updates.
Prior to 2003, Oregon law pretty much allowed a license to be
revoked for any of the same reasons that an initial application
could be denied. In the 2003 legislative session a “housekeeping
bill” passed nearly unanimously in both houses. When that happens
you can bet it’s because no one read it.
The bill in question, SB
81 made a small but important change in the gun law.
In section 166.293 (3) (a) one word was changed. The section
in question now reads :
(3)(a) Any act or condition that would prevent the issuance
of a license under ORS 166.291 and 166.292 is cause for revoking
a concealed handgun license.
Previously, the law allowed a revocation for any act or condition
that would prevent issuance under ORS 166.291 through 166.293.The
entire section of the law is reproduced below.
When 166.293 was removed from the reasons for a revocation,
a Sheriff could no longer revoke for any reason that was not
included in 166.291 or 166.292. So,the following section no
longer applied for revocations:
(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.
This meant that a sheriff’s belief that a license holder was
a “danger to self or others” no longer qualified as a reason
for revocation, although it still could be a reason to deny
a license in the first place.
In the case of Bates
vs. Gordon, the Sheriff of Washington County had revoked
a concealed handgun license because, in his estimation, the
license holder (Bates) was a “danger” to others.
The Oregon Appeals Court decided that the Oregon Legislature,
through SB 81, had eliminated this as a valid reason for a revocation.
As it turns out, the plaintiff in this case,Thomas Bates, wound
up losing his CHL for unrelated reasons, but the courts found
that his license could not be revoked because the sheriff thought
he was a danger to himself or others.
As you might expect, the Oregon legislature was beside itself.
On December 14th 2005 in an interim joint meeting of the House
and Senate Judiciary Committee, the lawyers for the legislature
presented a letter
and their opinion on why they thought the courts got it wrong.
They also informed the committee that they expected the Oregon
Supreme Court to take up the matter and overturn the Appeals
Court.
Whether this will happen or not has yet to be resolved.
Since the plaintiff in the case has had his CHL revoked for
other reasons, the case may be moot. So there is some question
whether there is anything for the Supreme Court to consider.
At the same meeting, Bill Taylor, counsel for the committee,
said that a bill was being drafted to change the law just in
case the Supreme Court did not address this issue.
So as of now, the courts have found that licenses can only be
revoked for reasons laid out in sections 166.291 and 166.292.
The lawyers for the legislature disagree. The legislature seems
prepared to change the law in 2007 if the court does not take
it up before then.
Right now, all bets are off. The law follows:
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
Department of Human Services 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;
(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; and (L) Is not subject to a
citation issued under ORS 163.735 or an order issued under ORS
30.866, 107.700 to 107.732 or 163.738. (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) 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. If a nationwide criminal records check
is necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint identification,
through the Federal Bureau of Investigation. The Federal Bureau
of Investigation shall return the fingerprint cards used to
conduct the criminal records check and may not keep any record
of the fingerprints. The Department of State Police shall report
the results of the fingerprint-based criminal records check
to the sheriff. The Department of State Police shall also furnish
the sheriff with any information about the applicant that the
Department of State Police may have in its possession from its
central bureau of criminal identification including, but not
limited to, manual or computerized criminal offender information.
(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 Department of Human Services 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 am not
subject to a citation issued under ORS 163.735 or an order issued
under ORS 30.866, 107.700 to 107.732 or 163.738. I understand
I will be fingerprinted and photographed. Legal name ____________
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. The type of identification and
the number on the identification are to be filled in by the
sheriff.): 1.____________ 2.____________ Height
_____ Weight _____ Hair color _____ Eye color _____ Current
address ________ (List residence addresses for the past three
years on the 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
§8 (166.291 to 166.293 enacted in lieu of 166.290); 1991 c.67
§38; 1993 c.732 §2; 1993 c.735 §4; 1995 c.729 §6; 1999 c.1052
§6; 2001 c.104 §56; 2003 c.166 §1] 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.
[1989 c.839 §9 (166.291 to 166.293 enacted in lieu of 166.290);
1993 c.625 §5; 1993 c.693 §2; 1993 c.735 §5] 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)(a) Any act or condition that would prevent
the issuance of a license under ORS 166.291 and 166.292 is cause
for revoking a concealed handgun license. (b) 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 circuit court in the petitioner’s
county of residence 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 and 166.292.
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.
(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 §9a (166.291 to 166.293 enacted in lieu of 166.290); 1993
c.735 §6; 1995 c.518 §3; 1995 c.658 §89; 1999 c.1052 §7; 2003
c.14 §65]} |
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© 2000 - 2008, Oregon Firearms Federation. All Rights Reserved.
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