Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Stat. Auth.: 2012 OL Ch. 93, §2(4)
Stats. Implemented: 2012 OL Ch. 93, §2(4)
