§ 18-231. Possession of firearms.  


Latest version.
  • (a)

    As used in this chapter, "firearm" means a pistol, revolver, gun, rifle, including a miniature weapon, spring gun, air gun, BB gun or other weapon which projects a missile or shot by force of gunpowder or any other explosive, by spring or by compressed air, jet or rocket propulsion.

    (b)

    It is unlawful for any person to possess or carry a loaded firearm in places within the city to which the general public has access, including but not limited to hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.

    (c)

    The prohibitions of subsection (b) do not apply to or affect:

    (1)

    A law enforcement officer in the performance of official duty;

    (2)

    A member of the military in the performance of official duty;

    (3)

    A person licensed to carry a concealed handgun;

    (4)

    A person authorized to possess a loaded firearm while in or on a public building under subsection (e) of this section;

    (5)

    An employee of the United States Department of Agriculture, acting within the scope of employment, who possess a loaded firearm in the course of lawful taking of wildlife;

    (6)

    Any person authorized by permit of the chief of police to possess or discharge a firearm;

    (7)

    The possession of a bow and arrow in an archery range duly established and supervised as a part of a formal program of education by any recognized institution of learning;

    (8)

    Persons authorized by written permission of the chief of police to discharge blank ammunition for a lawful purpose; or

    (9)

    Hunters using the Riverview Park dock facility as access for boat hunting.

    (d)

    It is unlawful for any person to possess or carry a firearm, whether loaded or unloaded, or any other instrument used as a dangerous weapon, while in or on a public building within the city.

    (e)

    The prohibition of subsection (d) does not apply to:

    (1)

    A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment;

    (2)

    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;

    (3)

    An active or reserve member of the military forces of the State of Oregon or the United States, when engaged in the performance of duty;

    (4)

    A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun;

    (5)

    A person who is authorized by the officer or the agency that controls the public building to possess a firearm or dangerous weapon in that public building;

    (6)

    An employee of the United States Department of Agriculture, acting within the scope of employment, who possess a loaded firearm in the course of lawful taking of wildlife; or

    (7)

    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.

    (f)

    For purposes of this section, "public building" means the following buildings as well as the grounds adjacent to each building:

    (1)

    A hospital;

    (2)

    City Hall and any city buildings or portions of buildings occupied by the city or a state agency;

    (3)

    A college or university; and

    (4)

    A public or private institution of learning providing instruction at levels kindergarten through grade 12, or their equivalents, or any part thereof; the grounds adjacent to the institution; and any site or premises that at the time is being used exclusively for a student program or activity that is sponsored or sanctioned by the institution, a public school district, an education service district or a voluntary organization and that is posted as such.

(Prior Code, § 44.186; Code 2006, § 9.24.1; Ord. No. 1249, § 1, 1991; Ord. No. 1468, § 1, 2008; Ord. No. 1522, § 2, 8-13-2013)