5.08.265 Affirmative defenses

5.08.265 Affirmative defenses.

A. A defendant may establish by a preponderance of the evidence an affirmative defense to a charge of violating BC 5.08.260(A) that:

1. The defendant possessed the replica firearm in a public place other than on school premises and the replica firearm was completely concealed within an opaque container;

2. The defendant possessed the replica firearm on school premises, the defendant was an employee or agent of the school acting within the defendant’s official duties, and the replica firearm was completely concealed within an opaque container;

3. The defendant was employed as a peace officer as defined in ORS 133.005 and possessed the replica firearm within the defendant’s official duties;

4. The defendant possessed the replica firearm while using or intending to use it in connection with the production of a motion picture, television program, theatrical presentation or period-authentic historical reenactment, and one or more of the following circumstances is present:

a. The production was taking place or was to take place on a stage in an auditorium, including an auditorium on school premises, for which the general admission of an adult to the particular production required the purchase of a ticket; or

b. All of the persons involved in the production were at least 18 years of age; or

c. One or more person involved in the production held a valid membership in the Associated Actors and Artistes of America (4As) or the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada (IATSE); or

d. The production of the period-authentic historical reenactment took place under the express authorization or direct control or active participation of a governmental entity, a federal tax exempt organization or a nonprofit organization duly registered with either the Oregon Department of Justice or Office of the Secretary of State, and the production of the reenactment did not create unreasonable public inconvenience, annoyance or alarm;

5. The defendant possessed the replica firearm where all the following conditions are present:

a. The replica firearm is possessed in the course of commerce, or for service or repair, by a replica firearm merchant, or a patron or wholesaler of such a merchant; and

b. The replica firearm is possessed within the merchant’s commercial storefront or structure in which the merchant’s business is located; and

c. The replica firearm merchant holds a current, valid City of Beaverton business license; and

d. The replica firearm does not bear an attached laser pointer.

B. A defendant may establish by a preponderance of the evidence an affirmative defense to a charge of violating BC 5.08.260(B) that:

1. The defendant was employed as a peace officer as defined in ORS 133.005 and pointed or discharged the replica firearm within the defendant’s official duties;

2. The defendant pointed or discharged the replica firearm in connection with the production of a motion picture, television program, theatrical presentation or period-authentic historical reenactment, and one or more of the following circumstances is present:

b. All of the persons involved in the production were at least 18 years of age; or

C. A defendant may establish by a preponderance of the evidence an affirmative defense to a charge of violating BC 5.08.260(C) that:

1. The defendant possessed the device on school premises, the defendant was an employee or agent of the school acting within the defendant’s official duties, and the device was completely concealed within an opaque container;

2. The defendant was employed as a peace officer as defined in ORS 133.005 and possessed the device on school premises within the defendant’s official duties;

3. The defendant possessed the device while using or intending to use it in connection with the production of a motion picture, television program, theatrical presentation or a period-authentic historical reenactment, and one or more of the following circumstances is present:

b. All of the persons involved in the production were at least 18 years of age; or