POSSESSION OF WEAPON OR DESTRUCTIVE DEVICE IN PUBLIC BUILDING OR COURT FACILITY
166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise:
(1) “Capitol building” means the Capitol, the State Office Building, the State Library Building, the Labor and Industries Building, the State Transportation Building, the Agriculture Building or the Public Service Building and includes any new buildings which may be constructed on the same grounds as an addition to the group of buildings listed in this subsection.
(2) “Court facility” means a courthouse or that portion of any other building occupied by a circuit court, the Court of Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel related to the operations of those courts, or in which activities related to the operations of those courts take place.
(3) “Loaded firearm” means:
(a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.
(b) A muzzle-loading firearm which is capped or primed and has a powder charge and ball, shot or projectile in the barrel or cylinder.
(4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.
(5) “Weapon” means:
(a) A firearm;
(b) Any dirk, dagger, ice pick, slingshot, metal knuckles or any similar instrument or a knife other than an ordinary pocket knife, the use of which could inflict injury upon a person or property;
(c) Mace, tear gas, pepper mace or any similar deleterious agent as defined in ORS 163.211;
(d) An electrical stun gun or any similar instrument;
(e) A tear gas weapon as defined in ORS 163.211;
(f) A club, bat, baton, billy club, bludgeon, knobkerrie, nunchaku, nightstick, truncheon or any similar instrument, the use of which could inflict injury upon a person or property; or
(g) A dangerous or deadly weapon as those terms are defined in ORS 161.015. [1969 c.705 §1; 1977 c.769 §2; 1979 c.398 §1; 1989 c.982 §4; 1993 c.741 §2; 1999 c.577 §2; 1999 c.782 §6; 2001 c.201 §1]
166.370 Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school.
(1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.
(2)(a) Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:
(A) A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.
(B) A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a law enforcement officer or to immediately remove it from the court facility. A person who fails to comply with this subparagraph is guilty, upon conviction, of a Class C felony.
(b) The presiding judge of a judicial district may enter an order permitting the possession of specified weapons in a court facility.
(3) Subsection (1) of this section does not apply to:
(a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment.
(b) 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.
(c) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.
(d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
(e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.
(f) 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.
(4) The exceptions listed in subsection (3)(b) to (f) of this section constitute affirmative defenses to a charge of violating subsection (1) of this section.
(5)(a) Any person who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place that the person knows is a school shall upon conviction be guilty of a Class C felony.
(b) Paragraph (a) of this subsection does not apply to the discharge of a firearm:
(A) As part of a program approved by a school in the school by an individual who is participating in the program; or
(B) By a law enforcement officer acting in the officer’s official capacity.
(6) Any weapon carried in violation of this section is subject to the forfeiture provisions of ORS 166.279.
(7) Notwithstanding the fact that a person’s conduct in a single criminal episode constitutes a violation of both subsections (1) and (5) of this section, the district attorney may charge the person with only one of the offenses.
(8) As used in this section, “dangerous weapon” means a dangerous weapon as that term is defined in ORS 161.015. [1969 c.705 §§2,4; 1977 c.207 §2; 1979 c.398 §2; 1989 c.839 §22; 1989 c.982 §5; 1991 c.67 §39; 1993 c.625 §1; 1999 c.782 §7; 1999 c.1040 §4; 2001 c.666 §§24,36; 2003 c.614 §6]