Title 192 · ORS Chapter 192
192.447] Note: 192.371 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 192 or any series therein by legislative action. See Preface to Oregon Revis
Citation: ORS 192.447
Section: 192.447
192.447]
Note: 192.371 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 192 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
����� 192.374 Nondisclosure of concealed handgun license records or information; exceptions; limitations; rules. (1) A public body may not disclose records or information that identifies a person as a current or former holder of, or applicant for, a concealed handgun license, unless:
����� (a) The disclosure is made to another public body and is necessary for criminal justice purposes;
����� (b) A court enters an order in a criminal or civil case directing the public body to disclose the records or information;
����� (c) The holder of, or applicant for, the concealed handgun license consents to the disclosure in writing;
����� (d) The public body determines that a compelling public interest requires disclosure in the particular instance and the disclosure is limited to the name, age and county of residence of the holder or applicant;
����� (e)(A) The disclosure is limited to confirming or denying that a person convicted of a person crime, or restrained by a protective order, is a current holder of a concealed handgun license; and
����� (B) The disclosure is made to a victim of the person crime or to a person who is protected by the protective order, in response to a request for disclosure that provides the public body with the name and age of the person convicted of the person crime or restrained by the protective order; or
����� (f)(A) The disclosure is limited to confirming or denying that a person convicted of a crime involving the use or possession of a firearm is a current holder of a concealed handgun license; and
����� (B) The disclosure is made to a bona fide representative of the news media in response to a request for disclosure that provides the name and age of the person convicted of the crime involving the use or possession of a firearm.
����� (2) A public body may not confirm or deny that a person described in subsection (1)(e)(A) or (f)(A) of this section is a current holder of a concealed handgun license unless the person seeking disclosure:
����� (a) Under subsection (1)(e) of this section provides the public body with written proof that the person is a victim of the person crime or is protected by the protective order.
����� (b) Under subsection (1)(f) of this section provides the public body with written proof that the person is a bona fide representative of the news media.
����� (3) Notwithstanding any other provision of law, a public body that receives a request for disclosure under subsection (1)(e) or (f) of this section may conduct an investigation, including a criminal records check, to determine whether a person described in subsection (1)(e)(A) or (f)(A) of this section has been convicted of a person crime or a crime involving the use or possession of a firearm or is restrained by a protective order.
����� (4) The Attorney General shall adopt rules to carry out the provisions of this section. The rules must include a description of:
����� (a) The procedures for submitting the written request described in subsection (1)(d) of this section; and
����� (b) The materials an individual must provide to the public body to establish a compelling public interest that supports the disclosure of the name, age and county of residence of the holder or applicant.
����� (5) The prohibition described in subsection (1) of this section does not apply to the Judicial Department.
����� (6) As used in this section:
����� (a) �Convicted� does not include a conviction that has been reversed, vacated or set aside or a conviction for which the person has been pardoned.
����� (b) �Person crime� means a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission, or any other crime constituting domestic violence, as defined in ORS 135.230.
����� (c) �Protective order� has the meaning given that term in ORS 135.886.
����� (d) �Victim� has the meaning given that term in ORS 131.007. [Formerly 192.448]
����� Note: 192.374 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
����� 192.377 Required redaction of certain personal information. A public body that is the custodian of or is otherwise in possession of information that was submitted to the public body in confidence and is not otherwise required by law to be submitted, must redact all of the following information before making a disclosure described in ORS 192.355 (4):
����� (1) Residential address and telephone numbers;
����� (2) Personal electronic mail addresses and personal cellular telephone numbers;
����� (3) Social Security numbers and employer-issued identification card numbers; and
����� (4) Emergency contact information. [Formerly 192.504]
����� Note: 192.377 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
����� 192.380 Immunity from liability for disclosure of certain personal information; recovery of costs. (1) A public body or any official of the public body that determines that a party requesting information under ORS 192.355 (3), 192.363 or 192.365 has demonstrated by clear and convincing evidence that the public interest requires disclosure in a particular instance is immune from civil or criminal liability associated with the disclosure.
����� (2) A public body that receives a request for disclosure of records under ORS 192.355 (3) or