Oregon Statutes 30.847 – Action for engaging in paramilitary activity; attorney fees
(1) A person or group of persons is subject to an action described in subsection (2) or (3) of this section for engaging in paramilitary activity if the person or group of persons knowingly, while acting as part of a private paramilitary organization or on behalf of or in furtherance of any objective of a private paramilitary organization:
Terms Used In Oregon Statutes 30.847
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Oath: A promise to tell the truth.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Testify: Answer questions in court.
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) While armed with a deadly weapon, publicly patrols or drills;
(b) While armed with a dangerous or deadly weapon:
(A) Publicly engages in techniques capable of causing physical injury or death;
(B) Substantially disrupts governmental operations or a government proceeding;
(C) Assumes, exercises or asserts, without legal authorization, the functions, powers or duties of:
(i) A law enforcement officer, including any sheriff, police officer, marshal or other peace officer; or
(ii) Any local, city, county, state or federal official; or
(D) Interferes with another person and thereby:
(i) Prevents the other person, or attempts to prevent the other person, from engaging in conduct in which the other person has a legal right to engage; or
(ii) Causes the other person, or attempts to cause the other person, to engage in conduct from which the other person has a legal right to abstain; or
(c) Trains to engage in any activity described in paragraph (a) or (b) of this subsection.
(2)(a) If the Attorney General has reasonable cause to believe that a person or group of persons has engaged in, or is about to engage in, paramilitary activity as described in subsection (1) of this section, the Attorney General may bring a civil action in the name of the State of Oregon for injunctive relief in Marion County Circuit Court or any other circuit court of this state.
(b)(A) If it appears to the Attorney General that a person has possession, custody or control of any information, document or other material that is relevant to an investigation of paramilitary activity as described in subsection (1) of this section, or that could lead to the discovery of relevant information in an investigation of paramilitary activity as described in subsection (1) of this section, the Attorney General may cause an investigative demand to be served upon the person. The investigative demand may require the person:
(i) To appear and testify under oath at the time and place stated in the investigative demand;
(ii) To answer written interrogatories; or
(iii) To produce relevant documentary material or physical evidence for examination at the time and place stated in the investigative demand.
(B) An investigative demand under this paragraph shall be served in the manner provided by ORS § 646.622 and may be enforced in the manner provided by ORS § 646.626.
(c) When conducting investigations under this section, the Attorney General may not demand, collect or maintain information about the political, religious or social views, associations or activities of any individual, group, association, organization, corporation, business or partnership unless the information directly relates to an investigation into, and there are reasonable grounds to suspect that the subject of the information is involved in, paramilitary activity as described in subsection (1) of this section.
(3)(a) A person injured as a result of paramilitary activity as described in subsection (1) of this section may bring a civil action, individually or jointly with other aggrieved persons, in the appropriate court for relief against the person or persons who engaged in the paramilitary activity.
(b) A plaintiff who prevails in a claim under this subsection may recover:
(A) Economic or noneconomic damages, as those terms are defined in ORS § 31.705;
(B) Injunctive relief;
(C) Reasonable attorney fees; and
(D) Any other appropriate equitable relief.
(4) This section does not apply to:
(a) The Armed Forces of the United States or the National Guard, as those terms are defined in 10 U.S.C. § 101, or any regularly organized state militia or unorganized or reserve militia called into service by a state or the United States, including a defense force authorized under 32 U.S.C. § 109(c).
(b) A group of individuals that associates as a military organization solely for historical purposes or fictional performances, or that parades in public as part of a bona fide veterans’ organization, so long as the group does not carry or use ammunition or explosives.
(c) Students in an education institution authorized by a state or federal government to teach military science as a prescribed part of the course of instruction, when under the supervision of a military instructor.
(d) Members of an organization that is authorized under state or federal law to provide paramilitary, law enforcement or security services training or to engage in paramilitary activity or the provision of law enforcement or security services, when performing the functions authorized by law and, in the case of paramilitary activity and law enforcement services, when under the direction and control of a governmental authority.
(e) Any lawful activity of the State Department of Fish and Wildlife.
(f) 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.
(g) 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 criminal conspiracy as defined in ORS § 161.450 or the knowledge of or the intent to cause or further acts of physical violence or damage to persons or property.
(5) As used in this section:
(a) ‘Dangerous weapon’ has the meaning given that term in ORS § 161.015.
(b) ‘Deadly weapon’ has the meaning given that term in ORS § 161.015.
(c) ‘Private paramilitary organization’ means any group of three or more persons associating under a command structure for the purpose of functioning in public or training to function in public as a combat, combat support, law enforcement or security services unit.
(d) ‘State’ means the District of Columbia or a state, commonwealth, territory or possession of the United States. [2023 c.312 § 1]