77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 562

                         Senate Bill 29

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber,
  M.D., for Oregon State Police)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Revises definitions for purposes of fireworks laws.

                        A BILL FOR AN ACT
Relating to fireworks law definitions; creating new provisions;
  amending ORS 164.055, 166.660, 480.127, 480.130, 480.150,
  480.152, 480.154, 480.156, 480.160 and 480.200; and repealing
  ORS 480.110.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 480.110 to 480.165. + }
  SECTION 2.  { + As used in ORS 480.110 to 480.165:
  (1) 'Cone fountain' means a cardboard or heavy paper cone that:
  (a) Contains 50 grams or less of pyrotechnic composition;
  (b) If mounted on a common base with other cones having less
than one-half inch of separation, results, when measured in
combination with all other cones on the base, in a total
pyrotechnic composition of not more than 200 grams;
  (c) If mounted on a common base with other cones having at
least one-half inch of separation, results, when measured in
combination with all other cones on the base, in a total
pyrotechnic composition of not more than 500 grams; and
  (d) Upon ignition has the same effect as a cylindrical
fountain.
  (2) 'Consumer fireworks' means:
  (a) A cone fountain, a cylindrical fountain, a flitter
sparkler, a ground spinner, an illuminating torch or a wheel, or
a combination of two or more of those items; and
  (b) Any other items, other than exempt fireworks, containing
500 grams or less of pyrotechnic composition that the State Fire
Marshal recognizes by rule to be suitable for retail sale to
members of the general public for individual use.
  (3) 'Cylindrical fountain' means a cylindrical tube that:
  (a) Contains 75 grams or less of pyrotechnic composition;
  (b) If mounted on a common base with other tubes having less
than one-half inch of separation, results, when measured in
combination with all other tubes on the base, in a total
pyrotechnic composition of not more than 200 grams;
  (c) If mounted on a common base with other tubes having at
least one-half inch of separation, results, when measured in
combination with all other tubes on the base, in a total
pyrotechnic composition of not more than 500 grams;
  (d) Upon ignition produces a shower of colored sparks and may
produce a whistling effect; and
  (e) Is provided with a means for restraining the behavior of
the item, such as a spike for insertion into the ground, a wood
or plastic base for placing on the ground or, if designed to be
handheld, a wood or cardboard handle.
  (4) 'Display fireworks' means pyrotechnic devices that:
  (a) Are designed for travel into the air or to project effects
from a fixed position; and
  (b)(A) Are classified by the United States Department of
Transportation as Division 1.3 compatibility group G explosives
or Division 1.4 compatibility group G explosives; or
  (B) Contain more than 500 grams of pyrotechnic composition and
are classified by the United States Department of Transportation
as Division 1.4 compatibility group E or S explosives.
  (5) 'Exempt fireworks' means the following:
  (a) Paper caps containing 0.25 grains or less of explosive
mixture and toy guns, canes or other devices designed for firing
those caps.
  (b) Snakes or similar smoke-producing items containing 100
grains or less of combustible substances.
  (c) Model rockets and model rocket motors that are used to
propel recoverable models of rocket.
  (d) Novelties and trick noisemakers.
  (e) Emergency signaling devices, if used in railroad, boat,
motor vehicle or other means of transportation for warning or
illumination purposes.
  (f) Blank cartridges of a type used:
  (A) For theater or other shows;
  (B) For signaling or ceremonial purposes in athletics or
sports; or
  (C) By the militia, an organization of war veterans or other
organizations, if parading an armed color guard.
  (g) Cartridges, shells or gunpowder for use in legally
permitted types of firearms.
  (h) Military pyrotechnic and signaling devices classified by
the United States Department of Transportation as Division 1.4
compatibility group S explosives that are assigned to and in the
possession of the Armed Forces of the United States, or an
authorized agent of the armed forces, as inventory for use by the
armed forces or agent in training active members of the armed
forces in their duties.
  (i) Other items that in the judgment of the State Fire Marshal
do not require regulation or restrictions on sale.
  (6) 'Explosive mixture' means a substance arranged in a manner
to allow burning in less than one second.
  (7)(a) 'Fireworks' means:
  (A) Consumer fireworks;
  (B) Display fireworks;
  (C) Exempt fireworks;
  (D) Pyrotechnic articles;
  (E) Special effects; and
  (F) Other pyrotechnic devices that:
  (i) Are capable of producing audible, visual, mechanical or
thermal effects through combustion, deflagration or detonation;
and
  (ii) Contain chemical elements and compounds that are capable
of burning independently of atmospheric oxygen or contain
flammable liquid mixtures or flammable gas mixtures.
  (b) 'Fireworks' does not mean a candle, flaming club, flaming
baton or other device that is designed to keep the flame and
thermal radiation in close proximity to the device.
  (8) 'Fireworks display' means an entertainment feature at which
the public or a private group is allowed to view a display or
discharge that uses or explodes display fireworks or pyrotechnic
articles.
  (9) 'Flitter sparkler' means a narrow paper tube that:
  (a) Contains five grams or less of pyrotechnic composition;
  (b) Produces colored sparks upon ignition; and
  (c) Is activated by igniting paper located at one end of the
tube.
  (10) 'Ground spinner' means a small device similar to a wheel
in design and effect that:
  (a) Contains 20 grams or less of pyrotechnic composition;
  (b) Vents from an orifice located on the side of the tube or
elsewhere on the device; and
  (c) When placed on the ground and ignited, spins rapidly and
produces a shower of colored sparks.
  (11) 'Illuminating torch' means a cylindrical tube that:
  (a) Contains 100 grams or less of pyrotechnic composition; and
  (b) Is provided with a means for restraining the behavior of
the item, such as a spike for insertion into the ground, a wood
or plastic base for placing on the ground or, if designed to be
handheld, a wood or cardboard handle.
  (12) 'Local government' has the meaning given that term in ORS
174.116.
  (13)(a) 'Manufacture' means to make, construct, fabricate or
produce fireworks.
  (b) 'Manufacture' does not mean:
  (A) The assembly or fabrication of sets or mechanical pieces
for fireworks displays; or
  (B) Actions taken within the scope of a certification for
conducting fireworks displays or for a pyrotechnics operator.
  (14) 'Pyrotechnic articles' means devices that:
  (a) Are designed for professional use;
  (b) Are similar to consumer fireworks in chemical composition
and construction;
  (c) Contain 500 grams or less of pyrotechnic composition;
  (d) Are not labeled as consumer fireworks; and
  (e) Have identification numbers UN0431 or UN0432 in the United
States Department of Transportation Hazardous Materials Table set
forth in 49 C.F.R. 172.101 or an amendment or replacement of that
identification standard recognized by the State Fire Marshal.
  (15) 'Pyrotechnic composition' means a mixture that is:
  (a) Composed of a metal powder having a high combustion
temperature and an oxidant; and
  (b) Capable of an exothermic reaction that produces light,
heat, smoke, sound or gas.
  (16) 'Pyrotechnic device' means consumer fireworks, display
fireworks, pyrotechnic articles, special effects and bird and
animal control devices, and other combinations or compositions of
materials, that produce audible, visual, mechanical or thermal
effects.
  (17) 'Special effects' means articles containing pyrotechnic
composition that, subject to authorization from the appropriate
jurisdiction, are:
  (a) Manufactured, assembled, designed or discharged in
connection with television, theater or motion picture
productions, concerts or conference centers; or
  (b) Used for commercial, industrial, educational, recreational
or entertainment purposes.
  (18) 'Wheel' means a pyrotechnic device that:
  (a) Is designed to be attached to a post or tree by means of a
nail or string;
  (b) Has one or more driver units or tubes, each containing not
more than 60 grams of pyrotechnic composition;
  (c) Contains a total of not more than 200 grams of pyrotechnic
composition; and
  (d) Upon ignition revolves and produces a shower of colored
sparks and may produce a whistling effect. + }
  SECTION 3. ORS 480.127 is amended to read:
  480.127. (1) Any person who desires to sell   { - cylindrical
fountains, cone fountains, illuminating torches, wheels, ground
spinners, flitter sparklers or combination items - }  { +
consumer fireworks + } at retail to individual members of the
general public for personal use shall apply in writing to the
State Fire Marshal for a permit at least 15 days in advance of
the proposed sale. The State Fire Marshal shall issue the permit
only if the State Fire Marshal finds that the applicant is
qualified to conduct the proposed sale and that the proposed sale
will conform to the provisions of ORS 480.110 to 480.165 and any
rules   { - promulgated pursuant thereto - }  { +  adopted under
ORS 480.110 to 480.165 + }. A fee may be charged for the permit.
Subject to prior approval by the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fee, the amount of the fee shall be set by rule
and shall be adjusted subsequently by the State Fire Marshal to
finance the administrative expenses incurred under this section
and shall be within the budget authorized by the Legislative
Assembly as that budget may be modified by the Emergency Board.
    { - (2) The permit required by subsection (1) of this section
shall not be valid for more than one year from the date of
issuance and shall authorize sales only between midnight June 22
and midnight July 6 of any given calendar year. - }
    { - (3) Notwithstanding any other provision of law, the State
Fire Marshal shall not prescribe limitations on the aggregate
amount of items described in subsection (4) of this section at a
sales facility operated by a person who holds the permit referred
to in this section. However, such items shall be stored in
accordance with such fire codes as the State Fire Marshal by rule
may prescribe to insure safe storage of such materials. In
prescribing such rules the State Fire Marshal may consider, among
other matters, requirements of the United States Department of
Transportation regarding the storage of hazardous materials. - }
    { - (4) As used in this section: - }
    { - (a) 'Combination item' means a device that contains
combinations of two or more of the effects described in
paragraphs (b) to (g) of this subsection. - }
    { - (b) 'Cone fountain' means a cardboard or heavy paper cone
containing not more than 50 grams of pyrotechnic composition. The
effect upon ignition is the same as that of a cylindrical
fountain. - }
    { - (c) 'Cylindrical fountain' means a cylindrical tube not
more than three-fourths inch (19 mm) inside diameter and
containing not more than 75 grams of pyrotechnic composition.
Upon ignition, a shower of colored sparks and sometimes a
whistling effect is produced. This device may be provided with a
spike for insertion into the ground, a wood or plastic base for
placing on the ground or a wood or cardboard handle if intended
to be handheld. - }
    { - (d) 'Flitter sparkler' means a narrow paper tube
containing not more than 100 grams of pyrotechnic composition
that produces colored sparks upon ignition. The paper at one end
of the tube is ignited to make the device function. - }
    { - (e) 'Ground spinner' means a small device similar to a
wheel in design and effect and containing not more than 60 grams
of pyrotechnic composition. When placed on the ground and
ignited, a shower of colored sparks is produced by the rapidly
spinning device. - }
    { - (f) 'Illuminating torch' means a cylindrical tube
containing not more than 100 grams of pyrotechnic composition.
This device may be provided with a spike for insertion into the
ground, a wood or plastic base for placing on the ground or a
wood or cardboard handle if intended to be handheld. - }
    { - (g) 'Wheel' means a pyrotechnic device attached to a post
or tree by means of a nail or string. Each wheel may contain not
more than six driver units or tubes not exceeding one-half inch
(12.5 mm) inside diameter and containing not more than 60 grams
of pyrotechnic composition. Upon ignition, the wheel revolves and
produces a shower of colored sparks, and sometimes a whistling
effect. - }
   { +  (2) A retail sales permit issued under this section
authorizes the sale of consumer fireworks only in the year for
which the permit is issued during the period that begins on June
23 and ends on July 6 of the year for which the permit is issued.
  (3) A retail sales permit holder shall store consumer fireworks
in accordance with any fire codes that the State Fire Marshal
adopts by rule to ensure safe storage of those fireworks.  The
matters that the State Fire Marshal considers when adopting
storage rules for fireworks may include, but are not limited to,
any United States Department of Transportation requirements
relating to hazardous materials storage. + }
  SECTION 4. ORS 480.130 is amended to read:
  480.130. (1) All persons, municipalities, associations or
organizations or groups of individuals desiring to sell,
discharge, fire off, explode or display fireworks for a public
display, or to sell   { - items described in ORS 480.127 (4) - }
 { +  consumer fireworks + } to persons who possess the permit
referred to in ORS 480.127, shall apply in writing to the State
Fire Marshal for a permit at least 15 days in advance of the
proposed sale or date of the display. The State Fire Marshal,
upon receipt of such application, shall determine if the proposed
sale or display will conform to law and any rules promulgated
thereunder. If the State Fire Marshal finds that the applicant is
qualified to conduct such sale or display and that the proposed
sale or display is in accordance with the law and all rules, the
State Fire Marshal shall issue a permit; otherwise the State Fire
Marshal shall refuse to issue it.
  (2) The fee for a permit for the public display of fireworks
and each permit for  { + the + } sale of  { + any + } fireworks
 { - or items described in ORS 480.127 (4) - }  shall be
established by rule by the State Fire Marshal, subject to prior
approval by the Oregon Department of Administrative Services and
a report to the Emergency Board prior to adopting the fee, and
subsequently shall be adjusted to finance the administrative
expenses incurred under this section and shall be within the
budget authorized by the Legislative Assembly as that budget may
be modified by the Emergency Board. All fees collected shall be
deposited to the credit of the State Fire Marshal Fund.
  (3) Sales permits for fireworks   { - or items described in ORS
480.127 (4) shall not be - }  { +  are not + } valid for more
than one year from date of issue. A public display permit
 { - shall not be - }  { +  is not + } valid for more than 10
days from date of issuance and   { - shall - }  { +  may + }
authorize only one fireworks display during that period.
  SECTION 5. ORS 480.150 is amended to read:
  480.150. (1) The State Fire Marshal may adopt reasonable rules
for granting permits for supervised public displays or sales of
fireworks   { - or items described in ORS 480.127 (4) - }  by
municipalities, fair associations, amusement parks, and other
persons, organizations or groups of individuals. The governing
body of any municipality, or of any county, may require liability
insurance, or an irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 or other form of
indemnity deemed adequate by the municipality, or the county,
from any person, in a sum not less than $500, conditioned for
payment of all damages which may be caused either to a person or
property by reason of the authorized display or sale and arising
from any acts of any person or agents, employees or
subcontractors of the person. At the time a permit is revoked,
the State Fire Marshal or approving authority may include in the
revocation order a provision prohibiting the holder of the
revoked permit from applying for or obtaining another such
permit, for a period not to exceed three years from the
revocation date, if the State Fire Marshal or approving authority
finds that the circumstances of the permit holder's failure to
comply with applicable sale or display statutes and regulations
presented a significant fire hazard or other public safety
danger.
  (2) The State Fire Marshal or the approving authority of any
governmental subdivision may revoke permits for display or sale
of fireworks   { - or items described in ORS 480.127 - }  when in
the opinion of the State Fire Marshal or the approving authority
the sale or display of fireworks   { - or items described in ORS
480.127 (4) - }  is not in compliance with applicable statutes
and regulations governing such sale or displays.
  (3) Permit fees required by ORS 480.130 shall not be refunded
in the event such permits are revoked.
  SECTION 6. ORS 480.152 is amended to read:
  480.152. (1) No person shall publish or cause to be published:
  (a) Any advertisement for the sale of fireworks the use or
possession of which is declared unlawful by ORS 480.110 to
480.165.
  (b) Any advertisement for the sale of   { - items described in
ORS 480.127 - }  { +  fireworks + } in any county, municipality
or fire protection district that by law or ordinance has declared
the sale or use of
  { - such items - }   { + the fireworks + } is prohibited.
  (2) Subsection (1) of this section does not apply to any
advertising medium   { - which - }  { +  that + } accepts such
advertising in good faith, without knowledge of the violation of
law.
  SECTION 7. ORS 480.154 is amended to read:
  480.154. (1) Each manufacturer or wholesaler of fireworks
 { - or items described in ORS 480.127 - }  shall keep a record
of all sales showing the name and address of the purchaser, the
state of destination, license and permit numbers, the state and
date of permit issuance and a list of the type and quantity of
fireworks
  { - or items - }  sold.
  (2) All shipments of fireworks   { - or items described in ORS
480.127 - }  coming into this state must show the appropriate
permit number of the addressee on the outside of the package. If
the permit number is not so shown, such shipment may be
confiscated by a law enforcement officer or fire protection
enforcement authority having jurisdiction.
  SECTION 8. ORS 480.156 is amended to read:
  480.156. (1) It is unlawful for any person to sell fireworks
  { - or items described in ORS 480.127, - }  at wholesale to any
out-of-state resident who does not possess and present to the
seller for inspection at the time of sale a valid license or
permit issued in the name of such out-of-state resident, if such
license or permit is required to purchase, possess, transport,
store, distribute, sell or otherwise deal with or use fireworks
  { - or items described in ORS 480.127, - }  by the laws of such
other state.
  (2) The burden of ascertaining whether the laws of such other
state require a license or permit and whether the purchaser
possesses such a valid license or permit shall be entirely on the
seller. Each seller shall record, in a manner prescribed by the
State Fire Marshal, each sale described in this section. The
record shall include the identification of type and quantity of
fireworks sold, name of purchaser, state of destination, state
issuing license or permit and number or other identifying
description and date of issue of license or permit.
  SECTION 9. ORS 480.160 is amended to read:
  480.160. (1) Nothing in ORS 480.110 to 480.165, nor in any
permit issued thereunder, shall authorize the manufacture, sale,
use or discharge of fireworks   { - or items described in ORS
480.127 - } in any city, county or fire protection district in
which such manufacture, sale, use or discharge is otherwise
prohibited by law or municipal ordinance; nor shall any city,
county or fire protection district authorize the sale or use of
any fireworks prohibited by the provisions of ORS 480.110 to
480.165.
  (2) For the purposes of enforcing ORS 480.110 to 480.165 in an
area exempt under ORS 476.030 (3) within a rural fire protection
district, the fire marshal, if there is one, or the fire chief of
that rural fire protection district has the same enforcement
authority as the State Fire Marshal.
  (3) No person shall deliver or cause to be delivered into any
county, municipality or rural fire protection district for the
purpose of sale to individual members of the general public for
personal use any   { - items described in ORS 480.127 - }  { +
consumer fireworks + } if the county, municipality or rural fire
protection district by law or ordinance has declared that the
sale or use of
  { - such items - }   { + the consumer fireworks + } is
prohibited.
  (4) The manufacture, sale, use or discharge of fireworks
 { - or items described in ORS 480.127 - }  may be regulated by
the governing body of a rural fire protection district, subject
to the following conditions:
  (a) The regulation must be by ordinance adopted by the
governing body of the district, after public notice and hearing,
not later than January 1 of any calendar year in which regulation
is to be operative.
  (b) The regulation shall not be operative within the boundaries
of any city that regulates such matters by city ordinance.
  (c) The regulation shall not prohibit the manufacture, sale,
use or discharge of fireworks   { - or items referred to in ORS
480.127, - }  the manufacture, sale, use or discharge of which is
authorized by ORS 480.110 to 480.165.
  (d) The regulation may not limit sales to less than five days
per calendar year, and must include the five consecutive day
period beginning June 30.
  SECTION 10. ORS 480.200 is amended to read:
  480.200. As used in ORS 480.200 to 480.290 unless the context
requires otherwise:
  (1) 'Certificate of possession' means a certificate issued
under ORS 480.235 by the State Fire Marshal to applicants who
have met the requirements of ORS 480.200 to 480.290.
  (2) 'Certificate of registration' means a certificate of
registration issued under ORS 480.244 by the State Fire Marshal
for an explosives magazine.
  (3) 'Explosive' means a chemical compound, mixture or device,
the primary or common purpose of which is to function by
explosion. The term includes, but is not limited to, dynamite,
pellet powder, initiating explosives, detonators, safety fuses,
squibs, detonating cord, igniter cord and igniters, but excludes
fireworks, as defined in   { - ORS 480.110 (1) - }  { +  section
2 of this 2013 Act + }, black powder, smokeless powder, small
arms ammunition, small arms ammunition primers and fertilizer, as
defined in ORS 633.311.
  (4) 'Issuing authority' means the State Fire Marshal or an
assistant appointed by the State Fire Marshal under ORS 480.280
(2).
  (5) 'Magazine' means an approved facility for the storage of
explosives.
  (6) 'Small arms ammunition' means a shotgun, rifle, pistol or
revolver cartridge.

  (7) 'Small arms ammunition primers' means small
percussion-sensitive explosive charges encased in a cup and used
to ignite propellant powder.
  SECTION 11. ORS 164.055 is amended to read:
  164.055. (1) A person commits the crime of theft in the first
degree if, by means other than extortion, the person commits
theft as defined in ORS 164.015 and:
  (a) The total value of the property in a single or aggregate
transaction is $1,000 or more;
  (b) The theft is committed during a riot, fire, explosion,
catastrophe or other emergency in an area affected by the riot,
fire, explosion, catastrophe or other emergency;
  (c) The theft is theft by receiving committed by buying,
selling, borrowing or lending on the security of the property;
  (d) The subject of the theft is a firearm or explosive;
  (e) The subject of the theft is a livestock animal, a companion
animal or a wild animal removed from habitat or born of a wild
animal removed from habitat, pursuant to ORS 497.308 (2)(c); or
  (f) The subject of the theft is a precursor substance.
  (2) As used in this section:
  (a) 'Companion animal' means a dog or cat possessed by a
person, business or other entity for purposes of companionship,
security, hunting, herding or providing assistance in relation to
a physical disability.
  (b) 'Explosive' means a chemical compound, mixture or device
that is commonly used or intended for the purpose of producing a
chemical reaction resulting in a substantially instantaneous
release of gas and heat, including but not limited to dynamite,
blasting powder, nitroglycerin, blasting caps and nitrojelly, but
excluding fireworks as defined in   { - ORS 480.110 (1) - }  { +
section 2 of this 2013 Act + }, black powder, smokeless powder,
small arms ammunition and small arms ammunition primers.
  (c) 'Firearm' has the meaning given that term in ORS 166.210.
  (d) 'Livestock animal' means a ratite, psittacine, horse,
gelding, mare, filly, stallion, colt, mule, ass, jenny, bull,
steer, cow, calf, goat, sheep, lamb, llama, pig or hog.
  (e) 'Precursor substance' has the meaning given that term in
ORS 475.940.
  (3) Theft in the first degree is a Class C felony.
  SECTION 12. ORS 166.660 is amended to read:
  166.660. (1) A person commits the crime of unlawful
paramilitary activity if the person:
  (a) Exhibits, displays or demonstrates to another person the
use, application or making of any firearm, explosive or
incendiary device or any technique capable of causing injury or
death to persons and intends or knows that such firearm,
explosive or incendiary device or technique will be unlawfully
employed for use in a civil disorder; or
  (b) Assembles with one or more other persons for the purpose of
training with, practicing with or being instructed in the use of
any firearm, explosive or incendiary device or technique capable
of causing injury or death to persons with the intent to
unlawfully employ such firearm, explosive or incendiary device or
technique in a civil disorder.
  (2)(a) Nothing in this section makes unlawful any act of any
law enforcement officer performed in the otherwise lawful
performance of the officer's official duties.
  (b) Nothing in this section makes unlawful any activity of the
State Department of Fish and Wildlife, or any activity intended
to teach or practice self-defense or self-defense techniques,
such as karate clubs or self-defense clinics, and similar lawful
activity, or any facility, program or lawful activity related to
firearms instruction and training intended to teach the safe
handling and use of firearms, or any other lawful sports or
activities related to the individual recreational use or
possession of firearms, including but not limited to hunting
activities, target shooting, self-defense, firearms collection or
any organized activity including, but not limited to any hunting
club, rifle club, rifle range or shooting range which does not
include a conspiracy as defined in ORS 161.450 or the knowledge
of or the intent to cause or further a civil disorder.
  (3) Unlawful paramilitary activity is a Class C felony.
  (4) As used in this section:
  (a) 'Civil disorder' means acts of physical violence by
assemblages of three or more persons which cause damage or
injury, or immediate danger thereof, to the person or property of
any other individual.
  (b) 'Firearm' has the meaning given that term in ORS 166.210.
  (c) 'Explosive' means a chemical compound, mixture or device
that is commonly used or intended for the purpose of producing a
chemical reaction resulting in a substantially instantaneous
release of gas and heat, including but not limited to dynamite,
blasting powder, nitroglycerin, blasting caps and nitrojelly, but
excluding fireworks as defined in   { - ORS 480.110 (1) - }  { +
section 2 of this 2013 Act + }, black powder, smokeless powder,
small arms ammunition and small arms ammunition primers.
  (d) 'Law enforcement officer' means any duly constituted police
officer of the United States, any state, any political
subdivision of a state or the District of Columbia, and also
includes members of the military reserve forces or National Guard
as defined in 10 U.S.C. 101 (9), members of the organized militia
of any state or territory of the United States, the Commonwealth
of Puerto Rico or the District of Columbia not included within
the definition of National Guard as defined by 10 U.S.C. 101 (9),
members of the Armed Forces of the United States and such persons
as are defined in ORS 161.015 (4) when in the performance of
official duties.
  SECTION 13.  { + ORS 480.110 is repealed. + }
  SECTION 14.  { + (1) The amendments to ORS 164.055 and 166.660
by sections 11 and 12 of this 2013 Act apply to offenses
committed on or after the effective date of this 2013 Act.
  (2) The amendments to ORS 480.200 by section 10 of this 2013
Act apply to violations of provisions of ORS 480.200 to 480.290
committed on or after the effective date of this 2013 Act. + }
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