Or. Admin. Code § 137-004-0900

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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 of the person convicted of 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 (1)(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 of the requested records or information; and

(f) Include any documentation (including but not limited to written materials, pictures, video, other media, etc.) 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 (1)(e) or (1)(f) of this rule may conduct an investigation, including a criminal records check, to determine whether a person described in paragraph (1)(e)(A) or (1)(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.

Or. Admin. Code § 137-004-0900

DOJ 14-2012(Temp), f. & cert. ef. 8-21-12 thru 2-8-13; DOJ 16-2012, f. 12-21-12, cert. ef. 1-2-13

Stat. Auth.: 2012 OL Ch. 93, §2(4)

Stats. Implemented: 2012 OL Ch. 93, §2(4)