(1) A person is eligible for a certificate of possession under ORS 480.235 if:
(a) The person has not been convicted, or found guilty except for insanity under ORS 161.295, of a misdemeanor involving violence, as defined in ORS 166.470, within the previous four years. A person who has been so convicted is eligible under this subsection following the expiration of seven years after the date of final and unconditional discharge from all imprisonment, probation and parole resulting from the conviction.
(b) The person has not been convicted, or found guilty except for insanity under ORS 161.295, of, and is not under indictment for, any felony.
(c) The person is not a fugitive from justice, has no outstanding warrants for arrest and is not free on any form of pretrial release for any offenses listed in paragraphs (a) and (b) of this subsection.
(d) The person has not been determined to be mentally ill under ORS 426.130 and 430.397 to 430.401 or mentally retarded under ORS 427.290. A person who previously has been so determined is eligible under this subsection if, at the time of application for such a certificate, the person produces a certified copy of a full discharge from the proper state hospital. The Department of Human Services shall provide the State Fire Marshal with direct electronic access to the department’s database of information identifying persons meeting the criteria of this section who were committed or subject to an order under ORS 426.130. The State Fire Marshal and the Department of Human Services shall enter into an agreement describing the access to information under this subsection.
(e) The person is at least 21 years of age.
(f) The person does not use a fictitious name or make a material misrepresentation in application for such a certificate.
(g)(A) The person has not been convicted of, and is not under indictment for, a criminal offense involving a controlled substance as defined in ORS 475.005, other than the offense of driving under the influence of intoxicants.
(B) Notwithstanding subparagraph (A) of this paragraph, a person who has had a certificate denied or revoked due to conviction of a criminal offense involving a controlled substance is eligible under this section following the expiration of seven years after the date of final and unconditional discharge from all imprisonment, probation and parole resulting from the conviction.
(h) The person has been discharged from the jurisdiction of the juvenile court for more than four years for an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470.
(i) The person is not the subject of a restraining order that alleges the person’s possession of explosives presents a credible threat to another person.
(j) The person has passed an examination administered by the State Fire Marshal that assesses the person’s knowledge of safety in the transportation and storage of explosives as required under federal and state laws and regulations pertaining to explosives. The State Fire Marshal shall examine each applicant prior to issuance of a certificate of possession to the applicant. The State Fire Marshal may by rule establish and collect an examination fee in an amount necessary to cover the cost of administering the examination.
(k) The person certifies on the application for a certificate of possession that all explosives in the person’s possession will be used, stored and transported in accordance with federal, state and local requirements.
(L) The person certifies that all explosives will be possessed, used, stored and transported in accordance with federal, state and local requirements.
(2) Subsection (1)(a) and (b) of this section does not apply to a conviction or indictment that has been expunged from a person’s record under the laws of this state or equivalent laws of another jurisdiction. [1971 c.518 §6; 1981 c.635 §3; 1983 c.100 §4; 1985 c.362 §1; 1999 c.980 §5; 2007 c.70 §275]
Section: Previous 480.165 480.170 480.200 480.205 480.210 480.215 480.220 480.225 480.230 480.235 480.239 480.240 480.244 480.245 480.250 NextLast modified: August 7, 2008