Chapter 14A.60 Weapons and Explosives


14A.60.010 Possession of a Loaded Firearm in a Public Place.

(Amended by Ordinance No. 184274, effective December 31, 2010.)

 

A.  It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the firearm.

 

B.  It is unlawful for any person to knowingly possess or carry a firearm and that firearm’s clip or magazine, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the clip or magazine.

 

C.  The following are exceptions and constitute affirmative defenses to a violation of this Section:

 

1.  A police officer or other duly appointed peace officers, whether active or honorably retired.

 

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 ORS 166.370.

 

5.  A government employee authorized or required by his or her employment or office to carry firearms.

 

6.  A person summoned by a police officer to assist in making arrests or preserving the peace, while such person is actually engaged in assisting the officer.

 

7.  A merchant who possesses or is engaged in lawfully transporting unloaded firearms as merchandise.

 

8.  Organizations which are by law authorized to purchase or receive weapons from the United States or from this state.

 

9.  Duly authorized military or civil organizations while parading, or their members when going to and from the places of meeting of their organization.

 

10.  A corrections officer while transporting or accompanying an individual convicted of or arrested for an offense and confined in a place of incarceration or detention while outside the confines of the place of incarceration or detention.

 

11.  Persons travelling to and from an established target range, whether public or private, for the purpose of practicing shooting targets at the target ranges.

 

12.  Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.

 

13.  A person authorized by permit of the Chief of Police to possess a loaded firearm, clip, or magazine in a public place in the City of Portland.

 

14.  A security guard employed at a financial institution insured by the Federal Deposit Insurance Corporation while the security guard is on duty.

 

D.  It is unlawful for any person who possesses a firearm, clip or magazine in or upon a public place, or while in a vehicle in a public place, to refuse to permit a police officer to inspect that firearm after the police officer has identified him or herself as a police officer. This Section does not apply to law enforcement officers or members of the military in the performance of official duties, nor persons licensed to carry a concealed handgun or persons authorized to possess a loaded firearm, clip or magazine while in or on a public building or court facility.

 

E.  Penalty

 

1.  In the absence of the aggravating factors listed in Subsection 14A.60.010 E.2., the court may impose a sentence of up to 6 months imprisonment and a fine not to exceed $500 for violation of this section.

 

2.  When this offense is committed by carrying a loaded firearm containing ammunition that employs gunpowder as a propellant in a vehicle, including a transit vehicle, the court must impose a mandatory minimum sentence of 30 days for violation of this Section.


14A.60.020 Discharge of a Firearm.
(Amended by Ordinance No. 178428, effective May 26, 2004.)
 
A. It is unlawful for any person to discharge a firearm in the City or upon its boundaries.
 
B. This Section does not apply to:
1. A person discharging a firearm in the lawful defense of person or property;
 
2. A person discharging a firearm on a public or private shooting range, shooting gallery, or other area designed, built, and lawfully operating for the purpose of target shooting;
 
3. A person conducting an athletic contest who fires blank ammunition toward the sky;
 
4. A person authorized to fire blank ammunition as part of military or police ceremonies;
 
5. A person authorized by permit of the Chief of Police to discharge blank ammunition for a lawful purpose;
 
6. Hunter safety instructors of the Oregon State Game Commission or their pupils who are engaged in hunter safety training classes sponsored by the Commission;
 
7. A police officer in the performance of official duty;
 
8. Employees or contractors of the Port of Portland engaged in flight safety hazard abatement at and around Portland International Airport to comply with FAR Part 139.337.

14A.60.030 Tear Gas and Stun Guns.

A. For the purposes of this Section, the following definitions apply:

1. Tear gas, mace, pepper mace, or any similar deleterious agent: a sternutator, lacrimator, or any substance composed of a mixture of a sternutator or lacrimator, including, but not limited to chloroacetophenone, alpha-chloroacetophenone, phaenylchloro-methylketone, orthochloro-benzalmalononitrile, oleoresin capsicum, or any chemical or combination of chemicals, whether in liquid, solid form, or gas capable of generating offensive, noxious or suffocating fumes, gases, or vapor capable of producing temporary discomfort, permanent injury, paralysis, immobilization, tears, nausea, or other illness.

2. Tear gas weapon: includes but is not limited to any shell, cartridge, or bomb capable of being discharged or exploded, when the discharge or explosion will cause or permit the release or emission of tear gas or oleoresin capsicum, mace, pepper mace or other similar deleterious agent.

3. Stun gun: an electrical device that transmits an electrical charge designed to incapacitate humans or animals.

B. It is unlawful for any person, corporation, or association to offer for sale, sell, furnish, transport, carry, possess, or use, within the City limits, any tear gas weapon or stun gun. This Subsection does not apply to:

1. Police officers in the performance of their duties;

2. Members of the armed forces of the State of Oregon and the United States in the performance of their official duties;

3. Manufacturers, distributors, or commercial sellers when selling tear gas to any governmental agency for official use;

4. Manufacturers, distributors, or commercial sellers when selling tear gas to any person, corporation or association when such sale is not in violation of this Section;

5. Persons involved in the bona fide scientific, educational, or industrial use of tear gas;

6. Persons, who have not been convicted of any felony, who possess or use tear gas, provided that it is contained in a device that is commercially manufactured to dispense tear gas from an aerosol tube as a self-defense weapon, and is designed to contain not more than 4 fluid ounces per device;

7. Persons, who have not been convicted of any felony, and who are 18 years of age or older who possess or use a stun gun for the purpose of self-defense.

C. Exemptions numbers 4., 5., and 6. of this Subsection, above, do not apply to devices that project tear gas by means of firing any type of cartridge by powder discharge, spring action, compressed air, or any other means.

D. It is unlawful for any person to use, or attempt or threaten to use tear gas or a stun gun against any person known to be, or who should reasonably be known to be, a police officer engaged in the performance of official duties.


14A.60.040 Explosives and Bottle Bombs.

A. The following definitions apply to this Section:

1. Explosive: any substance or material that on ignition by heat, impact, friction, or detonation will explode with such force as to injure a person or damage property in the immediate vicinity of the explosion.

2. Bottle bomb: any sealed device containing dry ice (CO2) or other chemically reactive substances assembled for the purpose of causing an explosion by chemical reaction.

B. It is unlawful for any person, other than a peace officer or member of the armed forces of this State or of the United States acting in the performance of official duty, to possess or have under his or her control an explosive or bottle bomb.

C. This Section does not apply to the possession or use of explosives or bottle bomb by a police officer or member of the armed forces of this State or of the United States, members of regularly organized fire departments while in the performance of their official duties, or where otherwise authorized by Federal Law, Oregon Law, or this Code.


14A.60.050 Endangering A Child By Allowing Access To A Firearm.

(Added by Ordinance No. 184274, effective December 31, 2010.)

 

A.    A person commits the offense of endangering a child if a person fails to prevent access to a firearm by a minor when the person knew or reasonably should have known that a minor could gain access to the firearm under the following circumstances:

 

1.  A person possesses or controls an operable firearm, whether loaded or unloaded, within premises under the person’s custody or control and a minor gains access to the firearm without the permission of the person, a parent or guardian. 

 

2.  A person possesses or controls an operable firearm, whether loaded or unloaded, within premises under the person’s custody or control and a minor gains access to the firearm without the permission of the person, a parent or guardian and the minor carries the firearm off the premises.    

 

B.  Violation of Subsection A.1. is punishable by incarceration for not more than 10 days and a fine of not more than $500.    

 

C.  Violation of Subsection A.2. is punishable by incarceration for not more than 20 days and a fine of not more than $750. 

 

D.  Violation of Subsection A.2. is punishable by incarceration for not more than 30 days and a fine of not more than $2,500 when the firearm is carried by the child off premises to any school, school-sponsored or school-related event.

 

E.  Defenses: This section shall not apply if any one of the following circumstances exists:

 

1.  The minor obtains the firearm as a result of an illegal entry into any premises by any person.

 

2.  The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure from entry by the minor.

 

3.  The firearm is locked with a device that has rendered the firearm inoperable and is designed to prevent minors and unauthorized users from firing the firearm.  The device may be installed on the firearm, be incorporated into the design of the firearm, or prevent access to the firearm.


14A.60.060 Failure to Report Theft.

(Added by Ordinance No. 184274, effective December 31, 2010.)

 

A.  Any person who possesses, owns or controls a firearm in the City of Portland shall report the theft or misplacement of the firearm to the Chief of Police or designee, providing a description of the firearm including serial number, within 48 hours of knowing, or having reason to know, the firearm is stolen or cannot be located through reasonable effort.   

 

B.  A person who possesses, owns or controls a firearm in the City of Portland and fails to provide the serial number of the firearm when reporting the firearm is stolen or cannot be located is subject to a $200 administrative fee.

 

C.  Violation of Subsection 14A.60.060 A. is punishable by a fine of $2,500.