Title 166 · ORS Chapter 166

192.324, for the entry and maintenance of information under this section. ����� (6) Notwithstanding the provisions of ORS 9.320, a party that is not a natural person, the state or any city, county, d

Citation: ORS 192.324

Section: 192.324

192.324, for the entry and maintenance of information under this section.

����� (6) Notwithstanding the provisions of ORS 9.320, a party that is not a natural person, 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.

����� (7) If the petitioner seeks relief from the bar on possessing or purchasing a firearm, relief shall be granted when the petitioner demonstrates, by clear and convincing evidence, that the petitioner does not pose a threat to the safety of the public or the petitioner.

����� (8) Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as is practicable thereafter, but not more than 30 days thereafter. The judge shall then make findings and conclusions and issue a judgment based on the findings and conclusions in accordance with the requirements of law.

����� (9) A person filing a petition under this section must pay the filing fee established under ORS 21.135.

����� (10)(a) Initial appeals of petitions shall be heard de novo.

����� (b) Any party to a judgment under this subsection may appeal to the Court of Appeals in the same manner as for any other civil action.

����� (c) If the governmental entity files an appeal under this subsection and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party.

����� (11) The court may not grant relief under this section to a person who:

����� (a) Has been convicted of a person felony, as that term is defined in the rules of the Oregon Criminal Justice Commission, or the statutory counterpart to a person felony in any other jurisdiction, if the offense involved the use of a firearm or a deadly weapon as defined in ORS 161.015;

����� (b) Has been convicted of an offense listed in ORS 137.700 or the statutory counterpart to an offense listed in ORS 137.700 in any other jurisdiction; or

����� (c) Is currently serving a felony sentence as defined in ORS 10.030 or has served a felony sentence in the one-year period preceding the filing of the petition. [1989 c.839 �11; 1991 c.67 �37; 1993 c.732 ��3,4; 1995 c.518 �2; 1995 c.658 �88; 2009 c.499 �2; 2009 c.826 ��19,20; 2010 c.86 ��1,2,3; 2011 c.595 ��59,60; 2011 c.662 ��3,4; 2015 c.7 ��6,7; 2015 c.201 �4; 2015 c.497 ��5,6]

����� 166.275 Possession of weapons by inmates of institutions. Any person committed to any institution who, while under the jurisdiction of any institution or while being conveyed to or from any institution, possesses or carries upon the person, or has under the custody or control of the person any dangerous instrument, or any weapon including but not limited to any blackjack, slingshot, billy, sand club, metal knuckles, explosive substance, dirk, dagger, sharp instrument, pistol, revolver or other firearm without lawful authority, is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the custody of the Department of Corrections for a term not more than 20 years. [1953 c.533 �1; 1987 c.320 �88]

����� 166.279 Forfeiture of deadly weapons. (1) Except as provided in subsection (4) of this section, ORS 131.550 to