ORS 339.315
Report required if person has unlawful firearm or destructive device
- immunity
- law enforcement investigation required
(1)
Intentionally left blank —Ed.(a)
Any employee of a public school district, an education service district or a private school who has reasonable cause to believe that a person, while in a school, is or within the previous 120 days has been in possession of a firearm or destructive device in violation of ORS 166.250 (Unlawful possession of firearms), 166.370 (Possession of firearm or dangerous weapon in public building or court facility) or 166.382 (Possession of destructive device prohibited) shall report the person’s conduct immediately to a school administrator, school director, the administrator’s or director’s designee or law enforcement agency within the county. A school administrator, school director or the administrator’s or director’s designee, who has reasonable cause to believe that the person, while in a school, is or within the previous 120 days has been in possession of a firearm or destructive device in violation of ORS 166.250 (Unlawful possession of firearms), 166.370 (Possession of firearm or dangerous weapon in public building or court facility) or 166.382 (Possession of destructive device prohibited), shall promptly report the person’s conduct to a law enforcement agency within the county. If the school administrator, school director or employee has reasonable cause to believe that a person has been in possession of a firearm or destructive device as described in this paragraph more than 120 days previously, the school administrator, school director or employee may report the person’s conduct to a law enforcement agency within the county.(b)
Anyone participating in the making of a report under paragraph (a) of this subsection who has reasonable grounds for making the report is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of the report. Any participant has the same immunity with respect to participating in any judicial proceeding resulting from the report.(c)
Except as required by ORS 135.805 (Applicability) to 135.873 (Protective orders) and 419C.270 (Application of criminal procedure laws) (5) or (6), the identity of a person participating in good faith in the making of a report under paragraph (a) of this subsection who has reasonable grounds for making the report is confidential and may not be disclosed by law enforcement agencies, the district attorney or any public or private school administrator, school director or employee.(2)
When a law enforcement agency receives a report under subsection (1) of this section, the law enforcement agency shall promptly conduct an investigation to determine whether there is probable cause to believe that the person, while in a school, did possess a firearm or destructive device in violation of ORS 166.250 (Unlawful possession of firearms), 166.370 (Possession of firearm or dangerous weapon in public building or court facility) or 166.382 (Possession of destructive device prohibited).(3)
As used in this section, “school” means:(a)
A public or private institution of learning providing instruction at levels kindergarten through grade 12, or their equivalents, or any part thereof;(b)
The grounds adjacent to the institution; and(c)
Any site or premises that at the time is being used exclusively for a student program or activity that is sponsored or sanctioned by the institution, a public school district, an education service district or a voluntary organization and that is posted as such.(4)
For purposes of subsection (3)(c) of this section, a site or premises is posted as such when the sponsoring or sanctioning entity has posted a notice identifying the sponsoring or sanctioning entity and stating, in substance, that the program or activity is a school function and that the possession of firearms or dangerous weapons in or on the site or premises is prohibited under ORS 166.370 (Possession of firearm or dangerous weapon in public building or court facility). [1999 c.577 §1; 2011 c.313 §21]
Source:
Section 339.315 — Report required if person has unlawful firearm or destructive device; immunity; law enforcement investigation required, https://www.oregonlegislature.gov/bills_laws/ors/ors339.html.
Up to date