Relating to restricted weapons; creating new provisions; and
amending ORS 166.270.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 166.270 is amended to read:
166.270. (1) Any person who has been convicted of a felony
under the law of this state or any other state, or who has been
convicted of a felony under the laws of the Government of the
United States, who owns or has in the person's possession or
under the person's custody or control any firearm commits the
crime of felon in possession of a firearm.
(2) Any person who has been convicted of a felony under the law
of this state or any other state, or who has been convicted of a
felony under the laws of the Government of the United States, who
owns or has in the person's possession or under the person's
custody or control any instrument or weapon having a blade that
projects or swings into position by force of a spring or by
centrifugal force or any blackjack, slungshot, sandclub, sandbag,
sap glove { + , + } { - or - } metal knuckles { + or an
Electro-Muscular Disruption Technology device as defined in ORS
165.540 + }, or who carries a dirk, dagger or stiletto, commits
the crime of felon in possession of a restricted weapon.
(3) For the purposes of this section, a person 'has been
convicted of a felony' if, at the time of conviction for an
offense, that offense was a felony under the law of the
jurisdiction in which it was committed. Such conviction shall not
be deemed a conviction of a felony if:
(a) The court declared the conviction to be a misdemeanor at
the time of judgment; or
(b) The offense was possession of marijuana and the conviction
was prior to January 1, 1972.
(4) Subsection (1) of this section does not apply to any person
who has been:
(a) Convicted of only one felony under the law of this state or
any other state, or who has been convicted of only one felony
under the laws of the United States, which felony did not involve
criminal homicide, as defined in ORS 163.005, or the possession
or use of a firearm or a weapon having a blade that projects or
swings into position by force of a spring or by centrifugal
Enrolled Senate Bill 251 (SB 251-INTRO) Page 1
force, and who has been discharged from imprisonment, parole or
probation for said offense for a period of 15 years prior to the
date of alleged violation of subsection (1) of this section; or
(b) Granted relief from the disability under 18 U.S.C. 925(c)
or has had the person's record expunged under the laws of this
state or equivalent laws of another jurisdiction.
(5) Felon in possession of a firearm is a Class C felony.
Felon in possession of a restricted weapon is a Class A
misdemeanor.
SECTION 2. { + The amendments to ORS 166.270 by section 1 of
this 2009 Act apply to conduct occurring on or after the
effective date of this 2009 Act. + }
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Passed by Senate February 25, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 15, 2009
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Speaker of House
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