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10.17.12 “Administrative Rule” Proposed. Your Comments Welcome.

As we told you on October 3rd, the Department of Justice is crafting an “administrative rule” to implement House Bill 4045, the “concealed handgun privacy” bill. A meeting to discuss the proposed rule was held on October 5th. You can see a transcript of the meeting minutes here.

Interested parties may submit comments about the rule in writing until December 7th, 2012 to the Rules Coordinator at the address listed below, or by e-mail to:
carol.riches@doj.state.or.us.
Carol Riches
Rules Coordinator
Department of Justice
1162 Court Street N.E.
Salem, OR 97301-4096

You may also provide oral or written comments at the rulemaking hearings, which will take place on the following:

DATE: November 26, 2012
TIME: 10:00 a.m. to 11:30 a.m.
PLACE: Department of Justice
1215 State Street
Redwood Conference Room
Salem, Oregon 97301-4096

OR

DATE: November 27, 2012
TIME: 10:00 a.m. to 11:30 a.m.
PLACE: Department of Justice
1515 S.W. Fifth Avenue
Marquam Conference Room
Portland, OR 97201

The proposed rule follows. We encourage you to submit your suggestions either in writing or in person if you have comments on the proposed rule.

137-004-0900 Public Records Requests for Concealed Handgun License Records or Information

(1) A public body, except the Judicial Department, 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;
(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; and
(C) The person seeking disclosure provides the public body with written proof that the person is a victim of the person crime or is protected 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;
(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 o f the person convicted o f the crime involving the use or possession of a firearm; and
(C) The person seeking disclosure provides the public body with written proof that the person is a bona fide representative of the news media.
(2) Requests seeking records or information on the basis of a compelling public interest pursuant to subsection (l)(d) shall:
(a) Be considered by public bodies on a case-by-case basis;
(b) Be made in writing and signed by the requestor;
(c) Be addressed to the custodian of public records of the public body that possesses the records or information; (d) Identify the records or information being sought;
(e) State with specificity the reasons why the requestor contends that a compelling public interest requires disclosure ofthe requested records or information; and
(f) Include any documentation that supports the requestor’s contention that a compelling public interest requires disclosure.
(3) Notwithstanding any other provision of law, a public body that receives a request for disclosure under subsection (l)(e) or (l)(f) of this rule may conduct an investigation, including a criminal records check, to determine whether a person described in paragraph (l)(e)(A) or (l)(f)(A) of this rule 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) As used in this rule:
(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) “Custodian” has the meaning given that term in ORS 192.410.
(c) “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.
(d) “Protective order” has the meaning given that term in ORS 135.886.
(e) “Victim” has the meaning given that term in ORS 131.007.

Stat. Auth.: 2012 OL Ch. 93, Sec. 2(4) Stats. Implemented: 2012 OL CIl. 93, Sec. 2(4) Hist.: DOJ 14-2012(Temp), f. & cert. ef. 8-21-12 thru 2-8-13