5.612 Unlawful Possession of Firearm in City Park

5.612 Unlawful Possession of Firearm in City Park.

(1) A person commits the crime of possessing a firearm in a City park if the person knowingly carries any firearm while in a City park.

(2) As used in this section, “firearm” means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder.

(3) Subsection (1) of this section shall not apply to:

(a) A law enforcement officer.

(b) A member of the military in the performance of official duty.

(d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.

(e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife.

(f) An honorably retired law enforcement officer, unless the person who is a retired law enforcement officer has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292.

(4) It is a defense to a prosecution under this section that the firearm was unloaded. As used in this section, a firearm is considered “unloaded” only if the chamber(s), the magazine or clip, and any shell holders or ammunition holders attached to the firearm or sling are all devoid of ammunition.