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Oregon Gun Laws

last updated: June 23, 2016

Gun laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx.

Oregon Constitution Article I, Section 27

The people shall have the right to bear arms for the defence of themselves, and the State, but the Military shall be kept in strict subordination to the civil power.

VOLUME 04 - CRIMINAL PROCEDURE, CRIMES

CHAPTER 161 - General Provisions

§161.015 - (2015) General definitions
  1. "Dangerous weapon" means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.
  2. "Deadly weapon" means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.
  3. "Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.
  4. "Peace officer" means:
    1. A member of the Oregon State Police;
    2. A sheriff, constable, marshal, municipal police officer or reserve officer as defined in ORS 133.005, or a police officer commissioned by a university under ORS 352.383 or 353.125;
    3. An investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorney's office;
    4. A humane special agent as defined in ORS 181.435;
    5. A regulatory specialist exercising authority described in ORS 471.775 (2);
    6. An authorized tribal police officer as defined in ORS 181A.680; and
    7. Any other person designated by law as a peace officer.
  5. "Person" means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
  6. "Physical force" includes, but is not limited to, the use of an electrical stun gun, tear gas or mace.
  7. "Physical injury" means impairment of physical condition or substantial pain.
  8. "Serious physical injury" means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
  9. "Possess" means to have physical possession or otherwise to exercise dominion or control over property.
  10. "Public place" means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.

[1971 c.743 §3; 1973 c.139 §1; 1979 c.656 §3; 1991 c.67 §33; 1993 c.625 §4; 1995 c.651 §5; 2011 c.506 §22; 2011 c.641 §2; 2011 c.644 §23; 2012 c.54 §16; 2012 c.67 §9; 2013 c.180 §23; 2015, c. 174 §11; 2015 c.614 §§147,148]

Note: The amendments to 161.015 by section 46, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, including amendments by section 17, chapter 54, Oregon Laws 2012, section 10, chapter 67, Oregon Laws 2012, and section 24, chapter 180, Oregon Laws 2013, is set forth for the user's convenience.

JUSTIFICATION

§161.190 - Justification as a defense

In any prosecution for an offense, justification, as defined in ORS 161.195 to 161.275, is a defense.

[1971 c.743 §18]

§161.195 - "Justification" described
  1. Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions.
  2. As used in subsection (1) of this section, "laws and judicial decrees" include but are not limited to:
    1. Laws defining duties and functions of public servants;
    2. Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;
    3. Laws governing the execution of legal process;
    4. Laws governing the military services and conduct of war; and
    5. udgments and orders of courts.

[1971 c.743 §19]

Note:

See second note under 161.015.

§161.200 - Choice of evils
  1. Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when:
    1. That conduct is necessary as an emergency measure to avoid an imminent public or private injury; and
    2. The threatened injury is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.
  2. The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder.

[1971 c.743 §20]

Note: See second note under 161.015.

§161.205 - (2013) Use of physical force generally

The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

    1. A parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person may use reasonable physical force upon such minor or incompetent person when and to the extent the person reasonably believes it necessary to maintain discipline or to promote the welfare of the minor or incompetent person.
    2. Personnel of a public education program, as that term is defined in ORS 339.285, may use reasonable physical force upon a student when and to the extent the application of force is consistent with ORS 339.291.
  1. An authorized official of a jail, prison or correctional facility may use physical force when and to the extent that the official reasonably believes it necessary to maintain order and discipline or as is authorized by law.
  2. A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under the direction of the person, may use physical force when and to the extent that the person reasonably believes it necessary to maintain order, but the person may use deadly physical force only when the person reasonably believes it necessary to prevent death or serious physical injury.
  3. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical self-injury may use physical force upon that person to the extent that the person reasonably believes it necessary to thwart the result.
  4. A person may use physical force upon another person in self-defense or in defending a third person, in defending property, in making an arrest or in preventing an escape, as hereafter prescribed in chapter 743, Oregon Laws 1971.

[1971 c.743 §21; 1981 c.246 §1; 2011 c.665 §§10,11; 2013 c.133 §4; 2013 c.267 §4]

Note: See second note under 161.015.

§161.209 - Use of physical force in defense of a person

Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose.

[1971 c.743 §22]

§161.215 - Limitations on use of physical force in defense of a person

Notwithstanding ORS 161.209, a person is not justified in using physical force upon another person if:

  1. With intent to cause physical injury or death to another person, the person provokes the use of unlawful physical force by that person; or
  2. The person is the initial aggressor, except that the use of physical force upon another person under such circumstances is justifiable if the person withdraws from the encounter and effectively communicates to the other person the intent to do so, but the latter nevertheless continues or threatens to continue the use of unlawful physical force; or
  3. The physical force involved is the product of a combat by agreement not specifically authorized by law.

[1971 c.743 §24]

§161.219 - Limitations on use of deadly physical force in defense of a person

Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:

  1. Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
  2. Committing or attempting to commit a burglary in a dwelling; or
  3. Using or about to use unlawful deadly physical force against a person.

[1971 c.743 §23]

§161.225 - Use of physical force in defense of premises
  1. A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate what the person reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon the premises.
  2. A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only:
    1. In defense of a person as provided in ORS 161.219; or
    2. When the person reasonably believes it necessary to prevent the commission of arson or a felony by force and violence by the trespasser.
  3. As used in subsection (1) and subsection (2)(a) of this section, "premises" includes any building as defined in ORS 164.205 and any real property. As used in subsection (2)(b) of this section, "premises" includes any building.

[1971 c.743 §25]

§161.229 - Use of physical force in defense of property

A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief of property.

[1971 c.743 §26]

§161.235 - Use of physical force in making an arrest or in preventing an escape

Except as provided in ORS 161.239, a peace officer is justified in using physical force upon another person only when and to the extent that the peace officer reasonably believes it necessary:

  1. To make an arrest or to prevent the escape from custody of an arrested person unless the peace officer knows that the arrest is unlawful; or
  2. For self-defense or to defend a third person from what the peace officer reasonably believes to be the use or imminent use of physical force while making or attempting to make an arrest or while preventing or attempting to prevent an escape.

[1971 c.743 §27]

§161.239 - Use of deadly physical force in making an arrest or in preventing an escape
  1. Notwithstanding the provisions of ORS 161.235, a peace officer may use deadly physical force only when the peace officer reasonably believes that:
    1. The crime committed by the person was a felony or an attempt to commit a felony involving the use or threatened imminent use of physical force against a person; or
    2. The crime committed by the person was kidnapping, arson, escape in the first degree, burglary in the first degree or any attempt to commit such a crime; or
    3. Regardless of the particular offense which is the subject of the arrest or attempted escape, the use of deadly physical force is necessary to defend the peace officer or another person from the use or threatened imminent use of deadly physical force; or
    4. The crime committed by the person was a felony or an attempt to commit a felony and under the totality of the circumstances existing at the time and place, the use of such force is necessary; or
    5. The officer's life or personal safety is endangered in the particular circumstances involved.
  2. Nothing in subsection (1) of this section constitutes justification for reckless or criminally negligent conduct by a peace officer amounting to an offense against or with respect to innocent persons whom the peace officer is not seeking to arrest or retain in custody.

[1971 c.743 §28]

§161.245 - "Reasonable belief" described; status of unlawful arrest
  1. For the purposes of ORS 161.235 and 161.239, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which if true would in law constitute an offense. If the believed facts or circumstances would not in law constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of force to make an arrest or to prevent an escape from custody.
  2. A peace officer who is making an arrest is justified in using the physical force prescribed in ORS 161.235 and 161.239 unless the arrest is unlawful and is known by the officer to be unlawful.

[1971 c.743 §29]

§161.249 - Use of physical force by private person assisting an arrest
  1. Except as provided in subsection (2) of this section, a person who has been directed by a peace officer to assist the peace officer to make an arrest or to prevent an escape from custody is justified in using physical force when and to the extent that the person reasonably believes that force to be necessary to carry out the peace officer's direction.
  2. A person who has been directed to assist a peace officer under circumstances specified in subsection (1) of this section may use deadly physical force to make an arrest or to prevent an escape only when:
    1. The person reasonably believes that force to be necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force; or
    2. The person is directed or authorized by the peace officer to use deadly physical force unless the person knows that the peace officer is not authorized to use deadly physical force under the circumstances.

[1971 c.743 §30]

§161.255 - Use of physical force by private person making citizen's arrest
  1. Except as provided in subsection (2) of this section, a private person acting on the person's own account is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to make an arrest or to prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225.
  2. A private person acting under the circumstances prescribed in subsection (1) of this section is justified in using deadly physical force only when the person reasonably believes it necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force.

[1971 c.743 §31; 1973 c.836 §339]

§161.260 - Use of physical force in resisting arrest prohibited

A person may not use physical force to resist an arrest by a peace officer who is known or reasonably appears to be a peace officer, whether the arrest is lawful or unlawful.

[1971 c.743 §32]

§161.265 - Use of physical force to prevent escape
  1. A guard or other peace officer employed in a correctional facility, as that term is defined in ORS 162.135, is justified in using physical force, including deadly physical force, when and to the extent that the guard or peace officer reasonably believes it necessary to prevent the escape of a prisoner from a correctional facility.
  2. Notwithstanding subsection (1) of this section, a guard or other peace officer employed by the Department of Corrections may not use deadly physical force in the circumstances described in ORS 161.267 (3).

[1971 c.743 §33; 2005 c.431 §3]

§161.267 - Use of physical force by corrections officer or official employed by Department of Corrections
  1. As used in this section:
    1. "Colocated minimum security facility" means a Department of Corrections institution that has been designated by the Department of Corrections as a minimum security facility and has been located by the department on the grounds of a medium or higher security Department of Corrections institution.
    2. "Department of Corrections institution" has the meaning given that term in ORS 421.005.
    3. "Stand-alone minimum security facility" means a Department of Corrections institution that has been designated by the department as a minimum security facility and that has been located by the department separate and apart from other Department of Corrections institutions.
  2. A corrections officer or other official employed by the Department of Corrections is justified in using physical force, including deadly physical force, when and to the extent that the officer or official reasonably believes it necessary to:
    1. Prevent the escape of an inmate from a Department of Corrections institution, including the grounds of the institution, or from custody;
    2. Maintain or restore order and discipline in a Department of Corrections institution, or any part of the institution, in the event of a riot, disturbance or other occurrence that threatens the safety of inmates, department employees or other persons; or
    3. Prevent serious physical injury to or the death of the officer, official or another person.
  3. Notwithstanding subsection (2)(a) of this section, a corrections officer or other official employed by the department may not use deadly physical force to prevent the escape of an inmate from:
    1. A stand-alone minimum security facility;
    2. A colocated minimum security facility, if the corrections officer or other official knows that the inmate has been classified by the department as minimum custody; or
    3. Custody outside of a Department of Corrections institution:
      1. While the inmate is assigned to an inmate work crew; or
      2. During transport or other supervised activity, if the inmate is classified by the department as minimum custody and the inmate is not being transported or supervised with an inmate who has been classified by the department as medium or higher custody.
  4. Nothing in this section limits the authority of a person to use physical force under ORS 161.205 (2) or 161.265.

[2005 c.431 §2]

§161.270 - Duress
  1. The commission of acts which would otherwise constitute an offense, other than murder, is not criminal if the actor engaged in the proscribed conduct because the actor was coerced to do so by the use or threatened use of unlawful physical force upon the actor or a third person, which force or threatened force was of such nature or degree to overcome earnest resistance.
  2. Duress is not a defense for one who intentionally or recklessly places oneself in a situation in which it is probable that one will be subjected to duress.
  3. It is not a defense that a spouse acted on the command of the other spouse, unless the spouse acted under such coercion as would establish a defense under subsection (1) of this section.

[1971 c.743 §34; 1987 c.158 §22]

CHAPTER 164 - Offenses Against Property

CRIMES AND PUNISHMENTS

§164.265 - Criminal trespass while in possession of a firearm
  1. A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.
  2. Criminal trespass while in possession of a firearm is a Class A misdemeanor.

[1979c.603 §2]

CHAPTER 166 - Offenses Against Public Order; Firearms And Other Weapons; Racketeering

PUBLIC ORDER

OFFENSES CRIMES AND PUNISHMENTS

Authority To Regulate Firearms

§166.170 - State preemption
  1. Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.
  2. Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void.

[1995 s.s. c.1 §1]

§166.171 - Authority of county to regulate discharge of firearms
  1. A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries.
  2. Ordinances adopted under subsection (1) of this section may not apply to or affect:
    1. A person discharging a firearm in the lawful defense of person or property.
    2. A person discharging a firearm in the course of lawful hunting.
    3. A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger adjacent persons or property.
    4. A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.
    5. A person discharging a firearm in the course of target shooting on public land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property.
    6. An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife.

[1995 s.s. c.1 §2; 2009 c.556 §1]

§166.172 - Authority of city to regulate discharge of firearms
  1. A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city's boundaries.
  2. Ordinances adopted under subsection (1) of this section may not apply to or affect:
    1. A person discharging a firearm in the lawful defense of person or property.
    2. A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.
    3. An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife.

[1995 s.s. c.1 §3; 2009 c.556 §2]

§166.173 - (2015) Authority of city or county to regulate possession of loaded firearms in public places
  1. A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.
  2. Ordinances adopted under subsection (1) of this section do not apply to or affect:
    1. A law enforcement officer in the performance of official duty.
    2. A member of the military in the performance of official duty.
    3. A person licensed to carry a concealed handgun.
    4. A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.
    5. 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.
    6. 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 166.29

[1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3; 2015 c. 709 §1.]

§166.174 - Authority of city, county, municipal corporation or district to regulate possession or sale of firearms

Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease.

[1995 s.s. c.1 §5]

§166.175 - Authority of city to regulate purchase of used firearms
  1. Notwithstanding any other provision of law, a city may continue to regulate the purchase of used firearms by pawnshops and secondhand stores.
  2. As used in this section, "secondhand store" means a store or business whose primary source of revenue is the sale of used merchandise.

[1995 s.s. c.1 §6]

§166.176 - Exception to preemption for certain county ordinances
  1. Nothing in ORS 166.170 or 166.171 is intended to preempt, invalidate or in any way affect the operation of any provision of a county ordinance that was in effect on November 2, 1995, to the extent that the provision:
    1. Established a procedure for regulating, restricting or prohibiting the discharge of firearms; or
    2. Regulated, restricted or prohibited the discharge of firearms.
  2. Subsection (1) of this section does not apply to:
    1. Ordinances regulating, restricting or prohibiting the discharge of firearms on a shooting range or in a shooting gallery or other area designed and built for the purpose of target shooting.
    2. An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife.

[1997 c.403 §1; 2009 c.556 §4]

POSSESSION AND USE OF WEAPONS

§166.180 - Negligently wounding another

Any person who, as a result of failure to use ordinary care under the circumstances, wounds any other person with a bullet or shot from any firearm, or with an arrow from any bow, commits a Class B misdemeanor. In addition, any person so convicted shall forfeit any license to hunt, obtained under the laws of this state, and shall be ineligible to obtain a license to hunt for a period of 10 years following the date of conviction.

[Formerly 163.310; 2011 c.597 §162]

§166.190 - Pointing firearm at another; courts having jurisdiction over offense

Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both. Justice courts have jurisdiction concurrent with the circuit court of the trial of violations of this section. When any person is charged before a justice court with violation of this section, the court shall, upon motion of the district attorney, at any time before trial, act as a committing magistrate, and if probable cause be established, hold such person to the grand jury.

[Formerly 163.320]

§166.210 - Definitions. As used in ORS 166.250 to 166.270, 166.291 to 166.295 and 166.410 to 166.470:
  1. "Antique firearm" means:
    1. Any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898; and
    2. Any replica of any firearm described in paragraph (a) of this subsection if the replica:
      1. Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
      2. Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.
  2. "Corrections officer" has the meaning given that term in ORS 181.610.
  3. "Firearm" means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder.
  4. "Firearms silencer" means any device for silencing, muffling or diminishing the report of a firearm.
  5. "Handgun" means any pistol or revolver using a fixed cartridge containing a propellant charge, primer and projectile, and designed to be aimed or fired otherwise than from the shoulder.
  6. "Machine gun" means a weapon of any description by whatever name known, loaded or unloaded, which is designed or modified to allow two or more shots to be fired by a single pressure on the trigger device.
  7. "Minor" means a person under 18 years of age.
  8. "Offense" has the meaning given that term in ORS 161.505.
  9. "Parole and probation officer" has the meaning given that term in ORS 181.610.
  10. "Peace officer" has the meaning given that term in ORS 133.005.
  11. "Short-barreled rifle" means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle if the weapon has an overall length of less than 26 inches.
  12. "Short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if the weapon has an overall length of less than 26 inches.

[Amended by 1977 c.769 §1; 1979 c.779 §3; 1989 c.839 §1; 1993 c.735 §14; 1995 c.670 §3; 1999 c.1040 §2; 2001 c.666 §§32,44; 2003 c.614 §7; 2007 c.368 §1; 2009 c.610 §4]

§166.220 - Unlawful use of weapon
  1. A person commits the crime of unlawful use of a weapon if the person:
    1. Attempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon as defined in ORS 161.015; or
    2. Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge.
  2. This section does not apply to:
    1. Police officers or military personnel in the lawful performance of their official duties;
    2. Persons lawfully defending life or property as provided in ORS 161.219;
    3. Persons discharging firearms, blowguns, bows and arrows, crossbows or explosive devices upon public or private shooting ranges, shooting galleries or other areas designated and built for the purpose of target shooting;
    4. Persons lawfully engaged in hunting in compliance with rules and regulations adopted by the State Department of Fish and Wildlife; or
    5. An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife.
  3. Unlawful use of a weapon is a Class C felony.

[Amended by 1975 c.700 §1; 1985 c.543 §1; 1991 c.797 §1; 2009 c.556 §5]

§166.240 - Carrying of concealed weapons
  1. Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.
  2. Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005, whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of this section.

[Amended by 1977 c.454 §1; 1985 c.543 §2; 1989 c.839 §21; 1999 c.1040 §15]

§166.250 - (2015) Unlawful possession of firearms
  1. Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:
    1. Carries any firearm concealed upon the person;
    2. Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or
    3. Possesses a firearm and:
      1. Is under 18 years of age;
        1. While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and
        2. Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;
      2. Has been convicted of a felony;
      3. Was committed to the Oregon Health Authority under ORS 426.130;
      4. Was found to be a person with mental illness and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or
      5. Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing or possessing a firearm; or
      6. Has been found guilty except for insanity under ORS 161.295 of a felony; or
      7. The possession of the firearm by the person is prohibited under ORS 166.255.
  2. This section does not prohibit:
    1. A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:
      1. Other than a handgun, if the firearm was transferred to the minor by the minor's parent or guardian or by another person with the consent of the minor's parent or guardian; or
      2. Temporarily for hunting, target practice or any other lawful purpose; or
    2. Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person's place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person's place of residence or place of business is required of any such citizen. As used in this subsection, "residence" includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.
  3. Firearms carried openly in belt holsters are not concealed within the meaning of this section.
    1. Except as provided in paragraphs (b) and (c) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.
    2. If a vehicle, other than a vehicle described in paragraph (c) of this subsection, has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:
      1. The handgun is stored in a closed and locked glove compartment, center console or other container; and
      2. The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.
    3. If the vehicle is a motorcycle, an all-terrain vehicle or a snowmobile, a handgun is not readily accessible within the meaning of this section if:
      1. The handgun is in a locked container within or affixed to the vehicle; or
      2. The handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm.
  4. Unlawful possession of a firearm is a Class A misdemeanor.

[Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8; 2009 c.499 §1; 2009 c.595 §112; 2009 c.826 §8a; 2011 c.662 §1; 2013 c.360 §6; 2015 c. 050 §§12, 13; 2015 c. 201 §3; 2015 c.497 §§3,4]

Note: The amendments to 166.250 by section 11a, chapter 826, Oregon Laws 2009, become operative January 2, 2016. See section 14, chapter 826, Oregon Laws 2009, as amended by section 23, chapter 826, Oregon Laws 2009, and section 2, chapter 448, Oregon Laws 2011. The text that is operative on and after January 2, 2016, including amendments by section 2, chapter 662, Oregon Laws 2011, and section 7, chapter 360, Oregon Laws 2013, is set forth for the user's convenience.

§166.255 - (2015) Possession of firearm or ammunition by certain persons prohibited
  1. It is unlawful for a person to knowingly possess a firearm or ammunition if:
    1. The person is the subject of a court order that:
      1. Was issued or continued after a hearing for which the person had actual notice and during the course of which the person had an opportunity to be heard;
      2. Restrains the person from stalking, intimidating, molesting or menacing an intimate partner, a child of an intimate partner or a child of the person; and
      3. Includes a finding that the person represents a credible threat to the physical safety of an intimate partner, a child of an intimate partner or a child of the person; or
    2. The person has been convicted of a qualifying misdemeanor and, at the time of the offense, the person was a family member of the victim of the offense.
  2. The prohibition described in subsection (1)(a) of this section does not apply with respect to the transportation, shipment, receipt, possession or importation of any firearm or ammunition imported for, sold or shipped to or issued for the use of the United States Government or any federal department or agency, or any state or department, agency or political subdivision of a state.
  3. As used in this section:
    1. "Convicted" means:
      1. The person was represented by counsel or knowingly and intelligently waived the right to counsel;
      2. The case was tried to a jury, if the crime was one for which the person was entitled to a jury trial, or the person knowingly and intelligently waived the person's right to a jury trial; and
      3. The conviction has not been set aside or expunged, and the person has not been pardoned.
    2. "Deadly weapon" has the meaning given that term in ORS 161.015.
    3. "Family member" means, with respect to the victim, the victim's spouse, the victim's former spouse, a person with whom the victim shares a child in common, the victim's parent or guardian, a person cohabiting with or who has cohabited with the victim as a spouse, parent or guardian or a person similarly situated to a spouse, parent or guardian of the victim.
    4. "Intimate partner" means, with respect to a person, the person's spouse, the person's former spouse, a parent of the person's child or another person who has cohabited or is cohabiting with the person in a relationship akin to a spouse.
    5. "Possess" has the meaning given that term in ORS 161.015.
    6. "Qualifying misdemeanor" means a misdemeanor that has, as an element of the offense, the use or attempted use of physical force or the threatened use of a deadly weapon.

[2015 c.497 §2]

§166.260 - (2015) Persons not affected by ORS 166.250
  1. ORS 166.250 does not apply to or affect:
    1. A parole and probation officer, police officer or reserve officer, as those terms are defined in ORS 181A.355.
    2. A federal officer, as defined in ORS 133.005, or a certified reserve officer or corrections officer, as those terms are defined in ORS 181A.355, while the federal officer, certified reserve officer or corrections officer is acting within the scope of employment.
    3. 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. Any person summoned by an officer described in paragraph (a) or (b) of this subsection to assist in making arrests or preserving the peace, while the summoned person is engaged in assisting the officer.
    5. The possession or transportation by any merchant of unloaded firearms as merchandise.
    6. Active or reserve members of the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the National Guard, when on duty.
    7. Organizations which are by law authorized to purchase or receive weapons described in ORS 166.250 from the United States, or from this state.
    8. Duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their organization.
    9. A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
  2. It is an affirmative defense to a charge of violating ORS 166.250 (1)(c)(C) that the person has been granted relief from the disability under ORS 166.274.
  3. Except for persons who are otherwise prohibited from possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS 166.250 does not apply to or affect:
    1. Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 upon such target ranges, or while going to and from such ranges.
    2. Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.
  4. The exceptions listed in subsection (1)(d) to (i) of this section constitute affirmative defenses to a charge of violating ORS 166.250.

[Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1; 1995 c.670 §2; 1999 c.1040 §3; 2009 c.316 §2; 2009 c.499 §4; 2015 c.709 §2.]

§166.262 - (2015) Limitation on peace officer's authority to arrest for violating ORS 166.250 or 166.370
  1. A peace officer may not arrest or charge a person for violating ORS 166.250 (1)(a) or (b) or 166.370 (1) if the person has in the person's immediate possession a valid license to carry a firearm as provided in ORS 166.291 and 166.292.
  2. Proof that the person is a law enforcement officer; or
  3. Proof that the person is an honorably retired law enforcement officer, unless the person 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.

[1999 c.1040 §5; 2015 c.709 §3.]

§166.263 - Authority of parole and probation officer to carry firearm

When authorized by the officer's employer, a parole and probation officer, as defined in ORS 181.610, may carry a firearm while engaged in official duties if the officer has completed:

  1. A firearms training program recognized by the Board on Public Safety Standards and Training; and
  2. A psychological screening.

[1995 c.670 §1]

§166.270 - Possession of weapons by certain felons
  1. Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control any firearm commits the crime of felon in possession of a firearm.
  2. Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption Technology device as defined in ORS 165.540, or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.
  3. For the purposes of this section, a person "has been convicted of a felony" if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if:
    1. The court declared the conviction to be a misdemeanor at the time of judgment; or
    2. The offense was possession of marijuana and the conviction was prior to January 1, 1972.
  4. Subsection (1) of this section does not apply to any person who has been:
    1. Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or
    2. Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 or has had the person's record expunged under the laws of this state or equivalent laws of another jurisdiction.
  5. Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor.

[Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987 c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16; 2003 c.14 §64; 2009 c.189 §1; 2009 c.499 §3]

§166.272 - Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers
  1. A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person knowingly possesses any machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer.
  2. Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B felony.
  3. A peace officer may not arrest or charge a person for violating subsection (1) of this section if the person has in the person's immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is registered as required under federal law.
  4. It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer was registered as required under federal law.

[1989 c.839 §13a; 1997 c.749 §8; 1997 c.798 §1]

§166.273 - (2015) Relief from firearm prohibitions related to mental health
  1. A person barred from transporting, shipping, possessing or receiving a firearm may file a petition with the Psychiatric Security Review Board for relief from the bar if:
    1. The person is barred from possessing a firearm under ORS 166.250 (1)(c)(D) or (E);
    2. The person is barred from receiving a firearm under ORS 166.470 (1)(e) or (f) or, if the person has been found guilty except for insanity of a misdemeanor involving violence, ORS 166.470 (1)(g); or
    3. The person is barred from possessing, receiving, shipping or transporting a firearm under 18 U.S.C. 922(d)(4) or (g)(4) as the result of a state mental health determination.
  2. The petitioner shall serve a copy of the petition on:
    1. The Department of Human Services and the Oregon Health Authority; and
    2. The district attorney in each county in which:
      1. The person was committed by a court to the Oregon Health Authority, or adjudicated by a court as a person with mental illness, under ORS 426.130;
      2. The person was committed by a court to the Department of Human Services, or adjudicated by a court as in need of commitment for residential care, treatment and training, under ORS 427.290;
      3. The person was found guilty except for insanity under ORS 161.295;
      4. The person was found responsible except for insanity under ORS 419C.411; or
      5. The person was found by a court to lack fitness to proceed under ORS 161.370.
  3. Following receipt of the petition, the board shall conduct a contested case hearing, make written findings of fact and conclusions of law on the issues before the board and issue a final order. Board members from the adult panel, the juvenile panel or a combination of both panels of the board may conduct the hearings described in this section.
  4. The state and any person or entity described in subsection (2) of this section may appear and object to and present evidence relevant to the relief sought by the petitioner.
  5. The board shall grant the relief requested in the petition if the petitioner demonstrates, based on the petitioner's reputation, the petitioner's record, the circumstances surrounding the firearm disability and any other evidence in the record, that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest.
  6. If the board grants the relief requested in the petition, the board shall provide to the Department of State Police the minimum information necessary, as defined in ORS 181A.290, to enable the department to:
    1. Maintain the information and transmit the information to the federal government as required under federal law; and
    2. Maintain a record of the person's relief from the disqualification to possess or receive a firearm under ORS 166.250 (1)(c)(D) or (E) or 166.470 (1)(e), (f) or (g).
  7. The petitioner may petition for judicial review of a final order of the board. The petition shall be filed in the circuit court of a county described in subsection (2)(b) of this section. The review shall be conducted de novo and without a jury.
  8. A petitioner may take an appeal from the circuit court to the Court of Appeals. Review by the Court of Appeals shall be conducted in accordance with ORS 183.500.
  9. A person may file a petition for relief under this section no more than once every two years.
  10. The board shall adopt procedural rules to carry out the provisions of this section.
  11. As used in this section, "state mental health determination" means:
    1. A finding by a court that a person lacks fitness to proceed under ORS 161.370;
    2. A finding that a person is guilty except for insanity of a crime under ORS 161.295 or responsible except for insanity of an act under ORS 419C.411 or any determination by the Psychiatric Security Review Board thereafter;
    3. A commitment by a court to the Oregon Health Authority, or an adjudication by a court that a person is a person with mental illness, under ORS 426.130; or
    4. A commitment by a court to the Department of Human Services, or an adjudication by a court that a person is in need of commitment for residential care, treatment and training, under ORS 427.290.

[2009 c.826 §5; 2009 c.826 §§18,18a; 2011 c.658 §32; 2013 c.360 §68; 2015 c.201 §2]

§166.274 - (2015) Relief from prohibition against possessing or purchasing firearm; fees
  1. Except as provided in subsection (11) of this section, a person barred from possessing or receiving a firearm may file a petition for relief from the bar in accordance with subsection (2) of this section if:
    1. The person is barred from possessing a firearm under ORS 166.250 (1)(c)(A), (C) or (H) or 166.270; or
    2. The person is barred from receiving a firearm under ORS 166.470 (1)(a) or (b) or, if the person has been convicted of a misdemeanor involving violence, ORS 166.470 (1)(g).
  2. A petition for relief described in this section must be filed in the circuit court in the petitioner's county of residence.
  3. A person may apply once per calendar year for relief under the provisions of this section.
    1. A person petitioning for relief under this section shall serve a copy of the petition on:
      1. The city chief of police if the court in which the petition is filed is located in a city; or
      2. The sheriff of the county in which the court is located.
    2. The copy of the petition shall be served on the chief of police or sheriff at the same time the petition is filed at the court.
    1. When a petition is denied, the judge shall cause that information to be entered into the Department of State Police computerized criminal history files.
    2. When a petition is granted, the judge shall cause that information and a fingerprint card of the petitioner to be entered into the Department of State Police computerized criminal history files. If, after a petition is granted, the petitioner is arrested and convicted of a crime that would disqualify the petitioner from purchasing or possessing a firearm, the Department of State Police shall notify the court that granted relief under this section. The court shall review the order granting relief and determine whether to rescind the order. The Department of State Police may charge a reasonable fee, under ORS 192.440, for the entry and maintenance of information under this section.
  4. Notwithstanding the provisions of ORS 9.320, a party that is not a natural person, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to an action under this section.
  5. If the petitioner seeks relief from the bar on possessing or purchasing a firearm, relief shall be granted when the petitioner demonstrates, by clear and convincing evidence, that the petitioner does not pose a threat to the safety of the public or the petitioner.
  6. Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as is practicable thereafter, but not more than 30 days thereafter. The judge shall then make findings and conclusions and issue a judgment based on the findings and conclusions in accordance with the requirements of law.
  7. A person filing a petition under this section must pay the filing fee established under ORS 21.135.
    1. Initial appeals of petitions shall be heard de novo.
    2. Any party to a judgment under this subsection may appeal to the Court of Appeals in the same manner as for any other civil action.
    3. If the governmental entity files an appeal under this subsection and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party.
  8. The court may not grant relief under this section to a person who:
    1. Has been convicted of a person felony, as that term is defined in the rules of the Oregon Criminal Justice Commission, or the statutory counterpart to a person felony in any other jurisdiction, if the offense involved the use of a firearm or a deadly weapon as defined in ORS 161.015;
    2. Has been convicted of an offense listed in ORS 137.700 or the statutory counterpart to an offense listed in ORS 137.700 in any other jurisdiction; or
    3. Is currently serving a felony sentence as defined in ORS 10.030 or has served a felony sentence in the one-year period preceding the filing of the petition.

[1989 c.839 §11; 1991 c.67 §37; 1993 c.732 §§3,4; 1995 c.518 §2; 1995 c.658 §88; 2009 c.499 §2; 2009 c.826 §§19,20; 2010 c.86 §§1,2,3; 2011 c.595 §§59,60; 2011 c.662 §§3,4; 2015 c.7 §§6,7; 2015 c.201 §4; 2015 c.497 §§5,6]

§166.275 - Possession of weapons by inmates of institutions

Any person committed to any institution who, while under the jurisdiction of any institution or while being conveyed to or from any institution, possesses or carries upon the person, or has under the custody or control of the person any dangerous instrument, or any weapon including but not limited to any blackjack, slingshot, billy, sand club, metal knuckles, explosive substance, dirk, dagger, sharp instrument, pistol, revolver or other firearm without lawful authority, is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the custody of the Department of Corrections for a term not more than 20 years.

[1953 c.533 §1; 1987 c.320 §88]

§166.279 - Forfeiture of deadly weapons
  1. Except as provided in subsection (4) of this section, ORS 131.550 to 131.600 do not apply to the forfeiture of a firearm or other deadly weapon that was possessed, used or available for use to facilitate a criminal offense.
  2. Except as provided in subsection (3) of this section, at the time of sentencing for any criminal offense in which a firearm or other deadly weapon was possessed, used or available for use to facilitate the offense, the court shall declare the weapon to be contraband and order that the weapon be forfeited.
  3. If a firearm or other deadly weapon that was possessed, used or available for use to facilitate a criminal offense was stolen from its lawful owner and was recovered from a person other than the lawful owner, the court may not order that the weapon be forfeited but shall order that the weapon be restored to the lawful owner as soon as the weapon is no longer needed for evidentiary purposes.
  4. The court shall release a firearm or other deadly weapon forfeited under subsection (2) of this section to the law enforcement agency that seized the weapon. The law enforcement agency may destroy or sell the weapon, use the weapon as a service weapon or use the weapon for training, identification or demonstration purposes. When a weapon is sold pursuant to this subsection, the law enforcement agency shall pay the proceeds from the sale, less the costs of the sale, as provided in ORS 131.594 and 131.597.
  5. As used in this section, "deadly weapon" has the meaning given that term in ORS 161.015.

[2003 c.614 §4; 2005 c.830 §24]

§166.282 - Sale of weapons by political subdivision; disposition of proceeds
  1. A political subdivision in this state that sells a weapon described in subsection (2) of this section shall pay the proceeds from the sale of the weapon, less the costs of the sale, to the account of the police agency that received the weapon, to be used for purposes of public safety, law enforcement and crime prevention and detection.
  2. Subsection (1) of this section applies to a weapon that is donated to the police agency.

[1997 c.693 §1; 2001 c.666 §§25,37; 2003 c.614 §5]

§166.291 - (2015) Issuance of concealed handgun license; application; fees; liability
  1. The sheriff of a county, upon a person's application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person:
      1. Is a citizen of the United States; or
      2. Is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license;
    1. Is at least 21 years of age;
    2. Is a resident of the county;
    3. Has no outstanding warrants for arrest;
    4. Is not free on any form of pretrial release;
    5. Demonstrates competence with a handgun by any one of the following:
      1. Completion of any hunter education or hunter safety course approved by the State Department of Fish and Wildlife or a similar agency of another state if handgun safety was a component of the course;
      2. Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course;
      3. Completion of any firearms safety or training course or class available to the general public offered by law enforcement, community college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or a law enforcement agency if handgun safety was a component of the course;
      4. Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, reserve law enforcement officers or any other law enforcement officers if handgun safety was a component of the course;
      5. Presents evidence of equivalent experience with a handgun through participation in organized shooting competition or military service;
      6. Is licensed or has been licensed to carry a firearm in this state, unless the license has been revoked; or
      7. Completion of any firearms training or safety course or class conducted by a firearms instructor certified by a law enforcement agency or the National Rifle Association if handgun safety was a component of the course;
    6. Has never been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony;
    7. Has not been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295, of a misdemeanor within the four years prior to the application, including a misdemeanor conviction for the possession of marijuana as described in paragraph (L) of this subsection;
    8. Has not been committed to the Oregon Health Authority under ORS 426.130;
    9. Has not been found to be a person with mental illness and is not subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;
    10. Has been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, the person was found to be within the jurisdiction of the juvenile court for having committed an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470;
    11. Has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program, except this disability does not operate to exclude a person if:
      1. The person can demonstrate that the person has been convicted only once of a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense, and has not completed a drug diversion program for a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense; or
      2. The person can demonstrate that the person has only once completed a drug diversion program for a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense, and has not been convicted of a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense
    12. Is not subject to a citation issued under ORS 163.735 or an order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
    13. Has not received a dishonorable discharge from the Armed Forces of the United States; and
    14. Is not required to register as a sex offender in any state; and
    15. Is not presently subject to an order under ORS 426.133 prohibiting the person from purchasing or possessing a firearm.
  2. A person who has been granted relief under ORS 166.273, 166.274 or 166.293 or 18 U.S.C. 925(c) or has had the person's record expunged under the laws of this state or equivalent laws of other jurisdictions is not subject to the disabilities in subsection (1)(g) to (L) of this section.
  3. Before the sheriff may issue a license:
    1. The application must state the applicant's legal name, current address and telephone number, date and place of birth, hair and eye color and height and weight. The application must also list the applicant's residence address or addresses for the previous three years. The application must contain a statement by the applicant that the applicant meets the requirements of subsection (1) of this section. The application may include the Social Security number of the applicant if the applicant voluntarily provides this number. The application must be signed by the applicant.
    2. The applicant must submit to fingerprinting and photographing by the sheriff. The sheriff shall fingerprint and photograph the applicant and shall conduct any investigation necessary to corroborate the requirements listed under subsection (1) of this section. If a nationwide criminal records check is necessary, the sheriff shall request the Department of State Police to conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. The Department of State Police shall report the results of the fingerprint-based criminal records check to the sheriff. The Department of State Police shall also furnish the sheriff with any information about the applicant that the Department of State Police may have in its possession including, but not limited to, manual or computerized criminal offender information.
  4. Application forms for concealed handgun licenses shall be supplied by the sheriff upon request. The forms shall be uniform throughout this state in substantially the following form:

    ______________________________________________________________________________

    APPLICATION FOR LICENSE TO CARRY CONCEALED HANDGUN

    Date________

    I hereby declare as follows:

    I am a citizen of the United States or a legal resident alien who can document continuous residency in the county for at least six months and have declared in writing to the United States Citizenship and Immigration Services my intention to become a citizen and can present proof of the written declaration to the sheriff at the time of this application. I am at least 21 years of age. I have been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, I was found to be within the jurisdiction of the juvenile court for having committed an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470. I have never been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony in the State of Oregon or elsewhere. I have not, within the last four years, been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295, of a misdemeanor. Except as provided in ORS 166.291 (1)(L), I have not been convicted of an offense involving controlled substances or completed a court-supervised drug diversion program. There are no outstanding warrants for my arrest and I am not free on any form of pretrial release. I have not been committed to the Oregon Health Authority under ORS 426.130, nor have I been found mentally ill and presently subject to an order prohibiting me from purchasing or possessing a firearm because of mental illness. I am not under a court order to participate in assisted outpatient treatment that includes an order prohibiting me from purchasing or possessing a firearm. If any of the previous conditions do apply to me, I have been granted relief or wish to petition for relief from the disability under ORS 166.273, 166.274 or 166.293 or 18 U.S.C. 925(c) or have had the records expunged. I am not subject to a citation issued under ORS 163.735 or an order issued under ORS 30.866, 107.700 to 107.735 or 163.738. I have never received a dishonorable discharge from the Armed Forces of the United States. I am not required to register as a sex offender in any state. I understand I will be fingerprinted and photographed.

    Legal name ____________

    Age ______ Date of birth ________

    Place of birth ____________

    Social Security number ___________

    (Disclosure of your Social Security account number is voluntary. Solicitation of the number is authorized under ORS 166.291. It will be used only as a means of identification.)

    Proof of identification (Two pieces of current identification are required, one of which must bear a photograph of the applicant. The type of identification and the number on the identification are to be filled in by the sheriff.):

    1.____________

    2.____________

    Height _____ Weight _____

    Hair color _____ Eye color _____

    Current address _________________________________________________

    List residence addresses for the past three years on the back.)

    City _____ County _____ Zip _____

    Phone _____

    I have read the entire text of this application, and the statements therein are correct and true. (Making false statements on this application is a misdemeanor.)

    _______________

    (Signature of Applicant)

    Character references.

    ___________________________

    Name Address

    ___________________________

    Name Address

    Approved ___ Disapproved ___ by ___

    Competence with handgun demonstrated by _____ (to be filled in by sheriff)

    Date _____ Fee Paid _____

    License No. _____

    ______________________________________________________________________________

    1. Fees for concealed handgun licenses are:
      1. $15 to the Department of State Police for conducting the fingerprint check of the applicant.
      2. $50 to the sheriff for the issuance or renewal of a concealed handgun license.
      3. $15 to the sheriff for the duplication of a license because of loss or change of address.
    2. The sheriff may enter into an agreement with the Department of Transportation to produce the concealed handgun license.
  5. No civil or criminal liability shall attach to the sheriff or any authorized representative engaged in the receipt and review of, or an investigation connected with, any application for, or in the issuance, denial or revocation of, any license under ORS 166.291 to 166.295 as a result of the lawful performance of duties under those sections.
  6. Immediately upon acceptance of an application for a concealed handgun license, the sheriff shall enter the applicant's name into the Law Enforcement Data System indicating that the person is an applicant for a concealed handgun license or is a license holder.
  7. The county sheriff may waive the residency requirement in subsection (1)(c) of this section for a resident of a contiguous state who has a compelling business interest or other legitimate demonstrated need.
  8. For purposes of subsection (1)(c) of this section, a person is a resident of a county if the person:
    1. Has a current Oregon driver license issued to the person showing a residence address in the county;
    2. Is registered to vote in the county and has a voter notification card issued to the person under ORS 247.181 showing a residence address in the county;
    3. Has documentation showing that the person currently leases or owns real property in the county; or
    4. Has documentation showing that the person filed an Oregon tax return for the most recent tax year showing a residence address in the county.
  9. As used in this section, "drug diversion program" means a program in which a defendant charged with a marijuana possession offense completes a program under court supervision and in which the marijuana possession offense is dismissed upon successful completion of the diversion program.

[1989 c.839 §8 (166.291 to 166.293 enacted in lieu of 166.290); 1991 c.67 §38; 1993 c.732 §2; 1993 c.735 §4; 1995 c.729 §6; 1999 c.1052 §6; 2001 c.104 §56; 2003 c.166 §1; 2005 c.22 §115; 2007 c.368 §2; 2009 c.595 §113; 2009 c.826 §7; 2011 c.547 §33; 2013 c.243 §4; 2013 c.360 §8; 2013 c.591 §6; 2014 c.62 §1; 2015 c. 050 §15,16; 2015 c.201 §5]

Note: The amendments to 166.291 by section 10, chapter 826, Oregon Laws 2009, become operative January 2, 2016. See section 14, chapter 826, Oregon Laws 2009, as amended by section 23, chapter 826, Oregon Laws 2009, and section 2, chapter 448, Oregon Laws 2011. The text that is operative on and after January 2, 2016, including amendments by section 34, chapter 547, Oregon Laws 2011, is set forth for the user's convenience.

§166.292 - Procedure for issuing; form of license; duration
  1. If the application for the license is approved, the sheriff shall issue and mail or otherwise deliver to the applicant at the address shown on the application, within 45 days of the application, a wallet sized license bearing the photograph of the licensee. The license must be signed by the licensee and carried whenever the licensee carries a concealed handgun.
  2. Failure of a person who carries a concealed handgun also to carry a concealed handgun license is prima facie evidence that the person does not have such a license.
  3. Licenses for concealed handguns shall be uniform throughout the state in substantially the following form:

    ______________________________________________________________________________

    OREGON CONCEALED HANDGUN LICENSE

    License Number_____

    Expires________'> Date of birth______

    Height________'> Weight________

    Name_________'> Address_________

    Licensee's City_____ Zip___ Photograph

    Signature_______________

    Issued by_______________

    Date of issue_______________

    ______________________________________________________________________________

  4. An Oregon concealed handgun license issued under ORS 166.291 and this section, unless revoked under ORS 166.293, is valid for a period of four years from the date on which it is issued.
  5. The sheriff shall keep a record of each license issued under ORS 166.291 and this section, or renewed pursuant to ORS 166.295.
  6. When a sheriff issues a concealed handgun license under this section, the sheriff shall provide the licensee with a list of those places where carrying concealed handguns is prohibited or restricted by state or federal law.

[1989 c.839 §9 (166.291 to 166.293 enacted in lieu of 166.290); 1993 c.625 §5; 1993 c.693 §2; 1993 c.735 §5]

§166.293 - (2015) Denial or revocation of license; review
  1. If the application for the concealed handgun license is denied, the sheriff shall set forth in writing the reasons for the denial. The denial shall be sent to the applicant by certified mail, restricted delivery, within 45 days after the application was made. If no decision is issued within 45 days, the person may seek review under the procedures in subsection (5) of this section.
  2. Notwithstanding ORS 166.291 (1), and subject to review as provided in subsection (5) of this section, a sheriff may deny a concealed handgun license if the sheriff has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant's mental or psychological state or as demonstrated by the applicant's past pattern of behavior involving unlawful violence or threats of unlawful violence.
    1. Any act or condition that would prevent the issuance of a concealed handgun license is cause for revoking a concealed handgun license.
    2. A sheriff may revoke a concealed handgun license by serving upon the licensee a notice of revocation. The notice must contain the grounds for the revocation and must be served either personally or by certified mail, restricted delivery. The notice and return of service shall be included in the file of the licensee. The revocation is effective upon the licensee's receipt of the notice.
  3. Any peace officer or corrections officer may seize a concealed handgun license and return it to the issuing sheriff if the license is held by a person who has been arrested or cited for a crime that can or would otherwise disqualify the person from being issued a concealed handgun license. The issuing sheriff shall hold the license for 30 days. If the person is not charged with a crime within the 30 days, the sheriff shall return the license unless the sheriff revokes the license as provided in subsection (3) of this section.
  4. A person denied a concealed handgun license or whose license is revoked or not renewed under ORS 166.291 to 166.295 may petition the circuit court in the petitioner's county of residence to review the denial, nonrenewal or revocation. The petition must be filed within 30 days after the receipt of the notice of denial or revocation.
  5. The judgment affirming or overturning the sheriff's decision shall be based on whether the petitioner meets the criteria that are used for issuance of a concealed handgun license and, if the petitioner was denied a concealed handgun license, whether the sheriff has reasonable grounds for denial under subsection (2) of this section. Whenever the petitioner has been previously sentenced for a crime under ORS 161.610 or for a crime of violence for which the person could have received a sentence of more than 10 years, the court shall grant relief only if the court finds that relief should be granted in the interest of justice.
  6. Notwithstanding the provisions of ORS 9.320, a party that is not a natural person, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to an action under this section.
  7. Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as practicable thereafter.
  8. Filing fees for actions shall be as for any civil action filed in the court. If the petitioner prevails, the amount of the filing fee shall be paid by the respondent to the petitioner and may be incorporated into the court order.
  9. Initial appeals of petitions shall be heard de novo.
  10. Any party to a judgment under this section may appeal to the Court of Appeals in the same manner as for any other civil action.
  11. If the governmental entity files an appeal under this section and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party.

[1989 c.839 §9a (166.291 to 166.293 enacted in lieu of 166.290); 1993 c.735 §6; 1995 c.518 §3; 1995 c.658 §89; 1999 c.1052 §7; 2003 c.14 §65; 2007 c.202 §1; 2007 c.368 §3; 2015 c.7 §8]

§166.295 - Renewal of license
    1. A concealed handgun license is renewable by repeating the procedures set out in ORS 166.291 and 166.292, except for the requirement to submit fingerprints and provide character references. A licensee may submit the application for renewal by mail if the licensee:
      1. Is an active member of the Armed Forces of the United States, the National Guard of the United States or the Oregon National Guard; and
      2. Submits with the application proof of the licensee's military orders and a copy of the licensee's military identification.
    2. An otherwise expired concealed handgun license continues to be valid for up to 45 days after the licensee applies for renewal if:
      1. The licensee applies for renewal before the original license expires;
      2. The licensee has proof of the application for renewal; and
      3. The application for renewal has not been denied.
  1. If a licensee changes residence, the licensee shall report the change of address and the sheriff shall issue a new license as a duplication for a change of address. The license shall expire upon the same date as would the original.

[1989 c.839 §10; 1993 c.735 §7; 2007 c.368 §4]

§166.297 - Annual report regarding revocation of licenses
  1. The sheriff of a county shall submit annually to the Department of State Police a report containing the number of concealed handgun licenses revoked during the reporting period and the reasons for the revocations.
  2. The Department of State Police shall compile the reports submitted under subsection (1) of this section and shall submit the compilation to the Legislative Assembly biennially.

[1993 c.735 §13]

§166.300 - Killing or injuring another with firearm as cause for loss of right to bear arms
  1. Any person who has committed, with firearms of any kind or description, murder in any degree, or manslaughter, either voluntary or involuntary, or who in a careless or reckless manner, kills or injures another with firearms, and who, at any time after committing murder or manslaughter or after said careless or reckless killing or injury of another, carries or bears firearms of any kind or description within this state, commits a Class A misdemeanor.
  2. Subsection (1) of this section does not deprive the people of this state of the right to bear arms for the defense of themselves and the state, and does not apply to any peace officer in the discharge of official duties or to a member of any regularly constituted military organization while on duty with such military organization.

[Amended by 2011 c.597 §163]

§166.320 - Setting springgun or setgun
  1. Any person who places or sets any loaded springgun, setgun, or any gun, firearm or other device of any kind designed for containing or firing explosives, in any place where it may be fired, exploded or discharged by the contact of any person or animal with any string, wire, rod, stick, spring or other contrivance affixed to or connected with it, or with its trigger, commits a Class B misdemeanor.
  2. Subsection (1) of this section does not apply to any loaded springgun, setgun, firearm or other device placed for the purpose of destroying gophers, moles or other burrowing rodents, and does not prevent the use of a coyote getter by employees of county, state or federal governments engaged in cooperative predatory animal control work.

[Amended by 2011 c.597 §164]

§166.330 - Use of firearms with other than incombustible gun wadding

Any person who uses in any firearms discharged on lands within this state, not owned by the person, anything other than incombustible gun wadding, commits a Class C misdemeanor.

[Amended by 2011 c.597 §165]

§166.350 - Unlawful possession of armor piercing ammunition
  1. A person commits the crime of unlawful possession of armor piercing ammunition if the person:
    1. Makes, sells, buys or possesses any handgun ammunition the bullet or projectile of which is coated with Teflon or any chemical compound with properties similar to Teflon and which is intended to penetrate soft body armor, such person having the intent that the ammunition be used in the commission of a felony; or
    2. Carries any ammunition described in paragraph (a) of this subsection while committing any felony during which the person or any accomplice of the person is armed with a firearm.
  2. As used in this section, "handgun ammunition" means ammunition principally for use in pistols or revolvers notwithstanding that the ammunition can be used in some rifles.
  3. Unlawful possession of armor piercing ammunition is a Class A misdemeanor.

[1985 c.755 §2; 1987 c.158 §29]

POSSESSION OF WEAPON OR DESTRUCTIVE DEVICE IN PUBLIC BUILDING OR COURT FACILITY

§166.360 - (2015) Definitions for ORS 166.360 to 166.380

As used in ORS 166.360 to 166.380, unless the context requires otherwise:

  1. "Capitol building" means the Capitol, the State Office Building, the State Library Building, the Labor and Industries Building, the State Transportation Building, the Agriculture Building or the Public Service Building and includes any new buildings which may be constructed on the same grounds as an addition to the group of buildings listed in this subsection.
  2. "Court facility" means a courthouse or that portion of any other building occupied by a circuit court, the Court of Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel related to the operations of those courts, or in which activities related to the operations of those courts take place.
  3. "Judge" means a judge of a circuit court, the Court of Appeals, the Supreme Court, the Oregon Tax Court, a municipal court, a probate court or a juvenile court or a justice of the peace.
  4. "Judicial district" means a circuit court district established under ORS 3.012 or a justice of the peace district established under ORS 51.020.
  5. "Juvenile court" has the meaning given that term in ORS 419A.004.
  6. "Loaded firearm" means:
    1. A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.
    2. A muzzle-loading firearm which is capped or primed and has a powder charge and ball, shot or projectile in the barrel or cylinder.
  7. "Local court facility" means the portion of a building in which a justice court, a municipal court, a probate court or a juvenile court conducts business, during the hours in which the court operates.
  8. "Probate court" has the meaning given that term in ORS 111.005.
  9. "Public building" means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.
  10. "Weapon" means:
    1. A firearm;
    2. Any dirk, dagger, ice pick, slingshot, metal knuckles or any similar instrument or a knife other than an ordinary pocket knife with a blade less than four inches in length, the use of which could inflict injury upon a person or property;
    3. Mace, tear gas, pepper mace or any similar deleterious agent as defined in ORS 163.211;
    4. An electrical stun gun or any similar instrument;
    5. A tear gas weapon as defined in ORS 163.211;
    6. A club, bat, baton, billy club, bludgeon, knobkerrie, nunchaku, nightstick, truncheon or any similar instrument, the use of which could inflict injury upon a person or property; or
    7. A dangerous or deadly weapon as those terms are defined in ORS 161.015.

[1969 c.705 §1; 1977 c.769 §2; 1979 c.398 §1; 1989 c.982 §4; 1993 c.741 §2; 1999 c.577 §2; 1999 c.782 §6; 2001 c.201 §1; 2015 c.351 §1.]

§166.370 - (2015) Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school
  1. Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.
    1. Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:
      1. A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.
      2. A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a law enforcement officer or to immediately remove it from the court facility. A person who fails to comply with this subparagraph is guilty, upon conviction, of a Class C felony.
      3. A firearm in a local court facility is guilty, upon conviction, of a Class C felony if, prior to the offense, the presiding judge of the local court facility entered an order prohibiting firearms in the area in which the court conducts business and during the hours in which the court operates.
    2. The presiding judge of a judicial district may enter an order permitting the possession of specified weapons in a court facility.
    3. Within a shared court facility, the presiding judge of a municipal court or justice of the peace district may not enter an order concerning the possession of weapons in the court facility that is in conflict with an order entered by the presiding judge of the circuit court.
  2. Subsection (1) of this section does not apply to:
    1. A police officer or reserve officer, as those terms are defined in ORS 181A.355.
    2. A parole and probation officer, as defined in ORS 181A.355, while the parole and probation officer is acting within the scope of employment.
    3. A federal officer, as defined in ORS 133.005, or a certified reserve officer or corrections officer, as those terms are defined in ORS 181A.355, while the federal officer, certified reserve officer or corrections officer is acting within the scope of employment.
    4. A person summoned by an officer described in paragraph (a), (b) or (c) of this subsection to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.
    5. An honorably retired law enforcement officer.
    6. An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.
    7. A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
    8. A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.
    9. An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a firearm in the course of the lawful taking of wildlife.
    10. Possession of a firearm on school property if the firearm:
      1. Is possessed by a person who is not otherwise prohibited from possessing the firearm; and
      2. Is unloaded and locked in a motor vehicle.
    1. The exceptions listed in subsection (3)(d) to (j) of this section constitute affirmative defenses to a charge of violating subsection (1) of this section.
    2. A person may not use the affirmative defense described in subsection (3)(e) of this section if the person 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.
    1. Any person who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place that the person knows is a school shall upon conviction be guilty of a Class C felony.
    2. Paragraph (a) of this subsection does not apply to the discharge of a firearm:
      1. As part of a program approved by a school in the school by an individual who is participating in the program;
      2. By a law enforcement officer acting in the officer's official capacity; or
      3. By an employee of the United States Department of Agriculture, acting within the scope of employment, in the course of the lawful taking of wildlife.
  3. Any weapon carried in violation of this section is subject to the forfeiture provisions of ORS 166.279.
  4. Notwithstanding the fact that a person's conduct in a single criminal episode constitutes a violation of both subsections (1) and (5) of this section, the district attorney may charge the person with only one of the offenses.
  5. As used in this section, "dangerous weapon" means a dangerous weapon as that term is defined in ORS 161.015.

[1969 c.705 §§2,4; 1977 c.207 §2; 1979 c.398 §2; 1989 c.839 §22; 1989 c.982 §5; 1991 c.67 §39; 1993 c.625 §1; 1999 c.782 §7; 1999 c.1040 §4; 2001 c.666 §§24,36; 2003 c.614 §6; 2009 c.556 §6; 2015 c.351 §2; 2015 c.709 §4]

§166.373 - (2015) Possession of weapon in court facility by peace officer or federal officer
  1. Notwithstanding ORS 166.370 (2) and except as provided in subsection (2) of this section, a peace officer, as defined in ORS 161.015, or a federal officer, as defined in ORS 133.005, may possess a weapon in a court facility if the officer:
    1. Is acting in an official capacity and is officially on duty;
    2. Is carrying a weapon that the employing agency of the officer has authorized the officer to carry; and
    3. Is in compliance with any security procedures established under subsections (3) and (4) of this section.
  2. A judge may prohibit a peace officer or a federal officer from possessing a weapon in a courtroom. A notice of the prohibition of the possession of a weapon by an officer in a courtroom must be posted outside the entrance to the courtroom.
  3. A presiding judge of a judicial district or a municipal court or the Chief Justice of the Supreme Court may establish procedures regulating the possession of a weapon in a court facility by a peace officer or a federal officer subject to the following:
    1. The procedures for a circuit court must be established through a plan for court security improvement, emergency preparedness and business continuity under ORS 1.177 or 1.180;
    2. he procedures for a justice court or a municipal court may only prohibit the possession of weapons within the area in which the court conducts business and during the hours in which the court operates;
    3. Within a shared court facility, the presiding judge of a municipal court or justice of the peace district may not establish procedures in conflict with the procedures established by the presiding judge of the circuit court; and
    4. Notice of the procedures must be posted at the entrance to the court facility, or at an entrance for peace officers or federal officers if the entrance is separate from the entrance to the court facility, and at a security checkpoint in the court facility.
  4. A judge may establish procedures regulating the possession of a weapon in a courtroom by a peace officer or a federal officer. A notice of the procedures regulating the possession of a weapon by an officer must be posted outside the entrance to the courtroom.

[2001 c.201 §3; 2005 c.804 §7; 2015 c.351 §3.]

§166.375 - (2015) Possession of handgun or ammunition by Department of Corrections authorized staff member; rules
  1. Notwithstanding ORS 162.135 and 162.185 or any Department of Corrections regulation, rule, policy or provision of an employment contract to the contrary, if the department has not provided a secure and locked location for the storage of personal handguns and ammunition by authorized staff, authorized staff may possess a personal handgun and ammunition in the authorized staff member's personal vehicle when the vehicle is parked in a department parking lot if the authorized staff member:
    1. Is present at a public building owned or occupied by the department;
    2. Has a valid concealed handgun license issued pursuant to ORS 166.291 and 166.292; and
    3. Has secured the personal handgun and ammunition in a closed and locked container designed for the storage of firearms inside the vehicle.
    1. Authorized staff may possess and store only the amount and types of ammunition authorized by the department by written policy or rule.
    2. The department shall adopt written policies or rules to carry out the purposes of this section. The policies or rules shall include, at a minimum, procedures for and responsibilities of authorized staff when possessing and storing personal handguns and ammunition on property owned or occupied by the department under this section.
  2. As used in this section and ORS 423.045:
    1. "Authorized staff" means employees of the department and employees of the State Board of Parole and Post-Prison Supervision and Oregon Corrections Enterprises who are assigned to work in or at a public building owned or occupied by the department.
    2. "Handgun" has the meaning given that term in ORS 166.210.
    3. "Vehicle" means a vehicle that is self-propelled and that is commonly known as a passenger car, van, truck or motorcycle.

[2014 c.88 §2; 2015 c.246 §1]

§166.380 - (2015) Examination of firearm by peace officer; arrest for failure to allow examination
  1. Except as provided in subsection (2) of this section, a peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.
  2. A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun may present a valid concealed handgun license to the peace officer instead of providing the firearm to the peace officer for examination.

[1969 c.705 §3; 2015 c.605 §1]

§166.382 - Possession of destructive device prohibited; exceptions
  1. A person commits the crime of unlawful possession of a destructive device if the person possesses:
    1. Any of the following devices with an explosive, incendiary or poison gas component:
      1. Bomb;
      2. Grenade;
      3. Rocket having a propellant charge of more than four ounces;
      4. Missile having an explosive or incendiary charge of more than one-quarter ounce; or
      5. Mine; or
    2. Any combination of parts either designed or intended for use in converting any device into any destructive device described in paragraph (a) of this subsection and from which a destructive device may be readily assembled.
  2. As used in this section:
    1. "Destructive device" does not include any device which is designed primarily or redesigned primarily for use as a signaling, pyrotechnic, line throwing, safety or similar device.
    2. "Possess" has the meaning given that term in ORS 161.015.
  3. This section does not apply to:
    1. Persons who possess explosives as provided in ORS 480.200 to 480.290.
    2. The possession of an explosive by a member of the Armed Forces of the United States while on active duty and engaged in the performance of official duties or by a member of a regularly organized fire or police department of a public agency while engaged in the performance of official duties.
    3. The possession of an explosive in the course of transportation by way of railroad, water, highway or air while under the jurisdiction of, or in conformity with, regulations adopted by the United States Department of Transportation.
    4. The possession, sale, transfer or manufacture of an explosive by a person acting in accordance with the provisions of any applicable federal law or regulation that provides substantially the same requirements as the comparable provisions of ORS 480.200 to 480.290.
  4. Possession of a destructive device is a Class C felony.

[1989 c.982 §1]

§166.384 - Unlawful manufacture of destructive device
  1. A person commits the crime of unlawful manufacture of a destructive device if the person assembles, produces or otherwise manufactures:
    1. A destructive device, as defined in ORS 166.382; or
    2. A pyrotechnic device containing two or more grains of pyrotechnic charge in violation of chapter 10, Title 18 of the United States Code.
  2. Unlawful manufacture of a destructive device is a Class C felony.

[1989 c.982 §2]

§166.385 - Possession of hoax destructive device
  1. A person commits the crime of possession of a hoax destructive device if the person knowingly places another person in fear of serious physical injury by:
    1. Possessing, manufacturing, selling, delivering, placing or causing to be placed a hoax destructive device; or
    2. Sending a hoax destructive device to another person.
  2. Possession of a hoax destructive device is a Class A misdemeanor.
  3. Notwithstanding subsection (2) of this section, possession of a hoax destructive device is a Class C felony if a person possesses, or threatens to use, a hoax destructive device while the person is committing or attempting to commit a felony.
  4. As used in this section, "hoax destructive device" means an object that reasonably appears, under the circumstances:
    1. To be a destructive device, as described in ORS 166.382 (1)(a), or an explosive, as defined in ORS 166.660, but is an inoperative imitation of a destructive device or explosive; or
    2. To contain a destructive device, as described in ORS 166.382 (1)(a), or an explosive, as defined in ORS 166.660.

[1997 c.749 §1]

SALE OR TRANSFER OF FIREARMS

§166.410 - Manufacture, importation or sale of firearms

Any person who manufactures or causes to be manufactured within this state, or who imports into this state, or offers, exposes for sale, or sells or transfers a handgun, short-barreled rifle, short-barreled shotgun, firearms silencer or machine gun, otherwise than in accordance with ORS 166.250, 166.260, 166.270, 166.291, 166.292, 166.425, 166.450, 166.460 and 166.470, is guilty of a Class B felony.

[Amended by 1979 c.779 §5; 1987 c.320 §89; 1989 c.839 §23; 1995 c.729 §7; 2001 c.666 §§34,46; 2003 c.14 §§66,67; 2003 c.614 §9]

§166.412 - (2015) Definitions; firearms transaction record; criminal record check; rules
  1. As used in this section:
    1. "Antique firearm" has the meaning given that term in 18 U.S.C. 921;
    2. "Department" means the Department of State Police;
    3. "Firearm" has the meaning given that term in ORS 166.210, except that it does not include an antique firearm;
    4. "Firearms transaction record" means the firearms transaction record required by 18 U.S.C. 921 to 929;
    5. "Firearms transaction thumbprint form" means a form provided by the department under subsection (11) of this section;
    6. "Gun dealer" means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise;
    7. "Handgun" has the meaning given that term in ORS 166.210; and
    8. "Purchaser" means a person who buys, leases or otherwise receives a firearm from a gun dealer.
  2. Except as provided in subsections (3)(c) and (12) of this section, a gun dealer shall comply with the following before a handgun is delivered to a purchaser:
    1. The purchaser shall present to the dealer current identification meeting the requirements of subsection (4) of this section.
    2. The gun dealer shall complete the firearms transaction record and obtain the signature of the purchaser on the record.
    3. The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction thumbprint form and attach the form to the gun dealer's copy of the firearms transaction record to be filed with that copy.
    4. The gun dealer shall request by telephone that the department conduct a criminal history record check on the purchaser and shall provide the following information to the department:
      1. The federal firearms license number of the gun dealer;
      2. The business name of the gun dealer;
      3. The place of transfer;
      4. The name of the person making the transfer;
      5. The make, model, caliber and manufacturer's number of the handgun being transferred;
      6. The name and date of birth of the purchaser;
      7. The Social Security number of the purchaser if the purchaser voluntarily provides this number to the gun dealer; and
      8. The type, issuer and identification number of the identification presented by the purchaser.
    5. The gun dealer shall receive a unique approval number for the transfer from the department and record the approval number on the firearms transaction record and on the firearms transaction thumbprint form.
    6. The gun dealer may destroy the firearms transaction thumbprint form five years after the completion of the firearms transaction thumbprint form.
    1. Upon receipt of a request of the gun dealer for a criminal history record check, the department shall immediately, during the gun dealer's telephone call or by return call:
      1. Determine, from criminal records and other information available to it, whether the purchaser is disqualified under ORS 166.470 from completing the purchase; and
      2. Notify the dealer when a purchaser is disqualified from completing the transfer or provide the dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer.
    2. If the department is unable to determine if the purchaser is qualified or disqualified from completing the transfer within 30 minutes, the department shall notify the dealer and provide the dealer with an estimate of the time when the department will provide the requested information.
    3. If the department fails to provide a unique approval number to a gun dealer or to notify the gun dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close of the gun dealer's next business day following the request by the dealer for a criminal history record check, the dealer may deliver the handgun to the purchaser.
    1. Identification required of the purchaser under subsection (2) of this section shall include one piece of current identification bearing a photograph and the date of birth of the purchaser that:
      1. Is issued under the authority of the United States Government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and
      2. Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual.
    2. If the identification presented by the purchaser under paragraph (a) of this subsection does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser. The Superintendent of State Police may specify by rule the type of identification that may be presented under this paragraph.
    3. The department may require that the dealer verify the identification of the purchaser if that identity is in question by sending the thumbprints of the purchaser to the department.
  3. The department shall establish a telephone number that shall be operational seven days a week between the hours of 8 a.m. and 10 p.m. for the purpose of responding to inquiries from dealers for a criminal history record check under this section.
  4. No public employee, official or agency shall be held criminally or civilly liable for performing the investigations required by this section provided the employee, official or agency acts in good faith and without malice.
    1. The department may retain a record of the information obtained during a request for a criminal history record check for no more than five years.
    2. The record of the information obtained during a request for a criminal history record check by a gun dealer is exempt from disclosure under public records law.
    3. If the department determines that a purchaser is prohibited from possessing a firearm under ORS 166.250 (1)(c), as soon as practicable, the department may report the attempted transfer and the purchaser's name to the appropriate law enforcement agency.
  5. A law enforcement agency may inspect the records of a gun dealer relating to transfers of handguns with the consent of a gun dealer in the course of a reasonable inquiry during a criminal investigation or under the authority of a properly authorized subpoena or search warrant.
  6. When a handgun is delivered, it shall be unloaded.
  7. In accordance with applicable provisions of ORS chapter 183, the Superintendent of State Police may adopt rules necessary for:
    1. The design of the firearms transaction thumbprint form;
    2. The maintenance of a procedure to correct errors in the criminal records of the department;
    3. The provision of a security system to identify dealers who request a criminal history record check under subsection (2) of this section; and
    4. The creation and maintenance of a database of the business hours of gun dealers.
  8. The department shall publish the firearms transaction thumbprint form and shall furnish the form to gun dealers on application at cost.
  9. This section does not apply to transactions between persons licensed as dealers under 18 U.S.C. 923.
    1. If requested by a transferor who is not a gun dealer, a gun dealer may request a criminal background check pursuant to ORS 166.438 or section 2 of this 2015 Act and may charge a reasonable fee for providing the service.
    2. A gun dealer that requests a criminal background check under this subsection is immune from civil liability for any use of the firearm by the recipient or transferee, provided that the gun dealer requests the criminal background check as described in this section.

[1995 c.729 §1; 2001 c.900 §25; 2009 c.595 §114; 2009 c.826 §17; 2015 c. 050 §4]

Note: 166.412 to 166.421 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

§166.414 - Fees for conducting criminal history record checks
  1. The Department of State Police may adopt a fee schedule for criminal history record checks required under ORS 166.412 and collect a fee for each criminal history record check requested. The fee schedule shall be calculated to recover the cost of performing criminal history record checks required under ORS 166.412, but may not exceed $10 per record check.
  2. Fees collected under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the State Police Account.

[1995 c.729 §2]

Note: See note under 166.412.

§166.416 - Providing false information in connection with a transfer of a firearm
  1. A person commits the crime of providing false information in connection with a transfer of a firearm if the person knowingly provides a false name or false information or presents false identification in connection with a purchase or transfer of a firearm.
  2. Providing false information in connection with a transfer of a firearm is a Class A misdemeanor.

[1995 c.729 §3; 2001 c.1 §9]

Note: See note under 166.412.

§166.418 - Improperly transferring a firearm
  1. A person commits the crime of improperly transferring a firearm if the person is a gun dealer as defined in ORS 166.412 and sells, leases or otherwise transfers a firearm and intentionally violates ORS 166.412 or 166.434.
  2. Improperly transferring a firearm is a Class A misdemeanor.

[1995 c.729 §4; 2001 c.1 §10]

Note: See note under 166.412.

§166.421 - Stolen firearms; determination; telephone requests

The Department of State Police may respond to a telephone request from any person requesting that the department determine if department records show that a firearm is stolen. No public employee, official or agency shall be held criminally or civilly liable for performing the investigation allowed by this section provided that the employee, official or agency acts in good faith and without malice.

[1995 c.729 §5]

Note: See note under 166.412.

§166.422 - (2015) Enforcement of ORS 166.412

Where appropriate, a person may enforce the legal duties imposed by ORS 166.412 (7) (a) or (b), by the provisions of ORS 30.260 to 30.300 and ORS chapter 183.

[1989 c.839 §12; 1995 c.729 §8; 2015 c. 050 §5]

Note: 166.422 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

§166.425 - Unlawfully purchasing a firearm
  1. A person commits the crime of unlawfully purchasing a firearm if the person, knowing that the person is prohibited by state law from owning or possessing the firearm or having the firearm under the person's custody or control, purchases or attempts to purchase the firearm.
  2. Unlawfully purchasing a firearm is a Class A misdemeanor.

[1989 c.839 §15; 2011 c.662 §5]

§166.427 - Register of transfers of used firearms
  1. Whenever a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise, buys or accepts in trade, a used firearm, the person shall enter in a register the time, date and place of purchase or trade, the name of the person selling or trading the firearm, the number of the identification documentation presented by the person and the make, model and manufacturer's number of the firearm. The register shall be obtained from and furnished by the Department of State Police to the dealer on application at cost.
  2. The duplicate sheet of the register shall, on the day of purchase or trade, be hand delivered or mailed to the local law enforcement authority.
  3. Violation of this section by any person engaged in the business of selling, leasing or otherwise transferring a firearm is a Class C misdemeanor.

[1989 c.839 §16; 1993 c.4 §3; 2001 c.539 §12]

§166.429 - Firearms used in felony

Any person who, with intent to commit a felony or who knows or reasonably should know that a felony will be committed with the firearm, ships, transports, receives, sells or otherwise furnishes any firearm in the furtherance of the felony is guilty of a Class B felony.

[1989 c.839 §17]

§166.432 - (2015) Definitions for ORS 166.412 and 166.433 to 166.441
  1. As used in ORS 166.412, 166.433, 166.434, 166.436 and 166.438 and section 2 of this 2015 Act, "criminal background check" or "criminal history record check" means determining the eligibility of a person to purchase or possess a firearm by reviewing state and federal databases including, but not limited to, the:
    1. Oregon computerized criminal history system;
    2. Oregon mental health data system;
    3. Law Enforcement Data System;
    4. National Instant Criminal Background Check System; and
    5. Stolen guns system.
  2. As used in ORS 166.433, 166.434, 166.436, 166.438 and 166.441 and section 2 of this 2015 Act:
    1. "Gun dealer" has the meaning given that term in ORS 166.412.
    2. "Gun show" means an event at which more than 25 firearms are on site and available for transfer.

[2001 c.1 §3; 2015 c. 050 §6, eff. Aug 8, 2015]

Note: 166.432, 166.433 and 166.445 were enacted into law but were not added to or made a part of ORS chapter 166 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

§166.433 - (2015) Findings regarding transfers of firearms

The people of this state find that:

  1. The laws of Oregon regulating the sale of firearms contain a loophole that allows people other than gun dealers to sell firearms at gun shows without first conducting criminal background checks; and
  2. It is necessary for the safety of the people of Oregon that any person who transfers a firearm at a gun show be required to request a criminal background check before completing the transfer of the firearm;

[2001 c.1 §1; 2015 c. 050 §7, eff. Aug 8, 2015]

Note: See note under 166.432.

§166.434 - (2015) Application of ORS 166.412 to all firearm transfers by gun dealers; fees for criminal background checks
  1. Notwithstanding the fact that ORS 166.412 requires a gun dealer to request a criminal history record check only when transferring a handgun, a gun dealer shall comply with the requirements of ORS 166.412 before transferring any firearm to a purchaser. The provisions of ORS 166.412 apply to the transfer of firearms other than handguns to the same extent that they apply to the transfer of handguns.
  2. In addition to the determination required by ORS 166.412 (3)(a)(A), in conducting a criminal background check or criminal history record check, the Department of State Police shall also determine whether the recipient is otherwise prohibited by state or federal law from possessing a firearm.
  3. Notwithstanding ORS 166.412 (5), the department is not required to operate the telephone number established under ORS 166.412 (5) on Thanksgiving Day or Christmas Day.
    1. The department may charge a fee, not to exceed the amount authorized under ORS 166.414, for criminal background checks required under this section or ORS 166.436 or section 2 of this 2015 Act.
    2. The department shall establish a reduced fee for subsequent criminal background checks on the same recipient that are performed during the same day between the hours of 8 a.m. and 10 p.m.

[2001 c.1 §5; 2015 c. 050 §8, eff. Aug 8, 2015]

§166.435 - (2015) Firearm transfers by unlicensed persons; requirements; exceptions; penalties
  1. As used in this section:
    1. "Transfer" means the delivery of a firearm from a transferor to a transferee, including, but not limited to, the sale, gift, loan or lease of the firearm. "Transfer" does not include the temporary provision of a firearm to a transferee if the transferor has no reason to believe the transferee is prohibited from possessing a firearm or intends to use the firearm in the commission of a crime, and the provision occurs:
      1. At a shooting range, shooting gallery or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class or a similar lawful activity;
      2. For the purpose of hunting, trapping or target shooting, during the time in which the transferee is engaged in activities related to hunting, trapping or target shooting;
      3. Under circumstances in which the transferee and the firearm are in the presence of the transferor;
      4. To a transferee who is in the business of repairing firearms, for the time during which the firearm is being repaired;
      5. To a transferee who is in the business of making or repairing custom accessories for firearms, for the time during which the accessories are being made or repaired; or
      6. For the purpose of preventing imminent death or serious physical injury, and the provision lasts only as long as is necessary to prevent the death or serious physical injury.
    2. "Transferee" means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to receive a firearm from a transferor.
    3. "Transferor" means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferee.
  2. Except as provided in ORS 166.436 and 166.438 and subsection (4) of this section, a transferor may not transfer a firearm to a transferee unless the transfer is completed through a gun dealer as described in subsection (3) of this section.
    1. A transferor may transfer a firearm to a transferee only as provided in this section. Except as provided in paragraph (b) of this subsection, prior to the transfer both the transferor and the transferee must appear in person before a gun dealer, with the firearm, and request that the gun dealer perform a criminal background check on the transferee.
    2. If the transferor and the transferee reside over 40 miles from each other, the transferor may ship or deliver the firearm to a gun dealer located near the transferee or a gun dealer designated by the transferee, and the transferor need not appear before the gun dealer in person.
    3. A gun dealer who agrees to complete a transfer of a firearm under this section shall request a criminal history record check on the transferee as described in ORS 166.412 and shall comply with all requirements of federal law.
    4. If, upon completion of a criminal background check, the gun dealer:
      1. Receives a unique approval number from the Department of State Police indicating that the transferee is qualified to complete the transfer, the gun dealer shall notify the transferor, enter the firearm into the gun dealer's inventory and transfer the firearm to the transferee.
      2. Receives notification that the transferee is prohibited by state or federal law from possessing or receiving the firearm, the gun dealer shall notify the transferor and neither the transferor nor the gun dealer shall transfer the firearm to the transferee. If the transferor shipped or delivered the firearm to the gun dealer pursuant to paragraph (b) of this subsection, the gun dealer shall comply with federal law when returning the firearm to the transferor.
    5. A gun dealer may charge a reasonable fee for facilitating a firearm transfer pursuant to this section.
  3. The requirements of subsections (2) and (3) of this section do not apply to:
    1. The transfer of a firearm by or to a law enforcement agency, or by or to a law enforcement officer, private security professional or member of the Armed Forces of the United States, while that person is acting within the scope of official duties.
    2. The transfer of a firearm as part of a firearm turn-in or buyback event, in which a law enforcement agency receives or purchases firearms from members of the public.
    3. The transfer of a firearm to:
      1. A transferor's spouse or domestic partner;
      2. A transferor's parent or stepparent;
      3. A transferor's child or stepchild;
      4. A transferor's sibling;
      5. A transferor's grandparent;
      6. A transferor's grandchild;
      7. A transferor's aunt or uncle;
      8. A transferor's first cousin;
      9. A transferor's niece or nephew; or
      10. The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of this paragraph.
    4. The transfer of a firearm that occurs because of the death of the firearm owner, provided that:
      1. he transfer is conducted or facilitated by a personal representative, as defined in ORS 111.005, or a trustee of a trust created in a will; and
      2. The transferee is related to the deceased firearm owner in a manner specified in paragraph (c) of this subsection.
    1. A transferor who fails to comply with the requirements of this section commits a Class A misdemeanor.
    2. Notwithstanding paragraph (a) of this subsection, a transferor who fails to comply with the requirements of this section commits a Class B felony if the transferor has a previous conviction under this section at the time of the offense.

[Added 2015 c. 050 §1]

§166.436 - (2015) Firearm transfers by persons other than gun dealers; criminal background checks authorized; liability
  1. The Department of State Police shall make the telephone number established under ORS 166.412 (5) available for requests for criminal background checks under this section from persons who are not gun dealers and who are transferring firearms at gun shows.
  2. Prior to transferring a firearm at a gun show, a transferor who is not a gun dealer may request by telephone that the department conduct a criminal background check on the recipient and shall provide the following information to the department:
    1. The name, address and telephone number of the transferor;
    2. The make, model, caliber and manufacturer's number of the firearm being transferred;
    3. The name, date of birth, race, sex and address of the recipient;
    4. The Social Security number of the recipient if the recipient voluntarily provides that number;
    5. The address of the place where the transfer is occurring; and
    6. The type, issuer and identification number of a current piece of identification bearing a recent photograph of the recipient presented by the recipient. The identification presented by the recipient must meet the requirements of ORS 166.412 (4)(a).
    1. Upon receipt of a request for a criminal background check under this section, the department shall immediately, during the telephone call or by return call:
      1. Determine from criminal records and other information available to it whether the recipient is disqualified under ORS 166.470 from completing the transfer or is otherwise prohibited by state or federal law from possessing a firearm; and
      2. Notify the transferor when a recipient is disqualified from completing the transfer or provide the transferor with a unique approval number indicating that the recipient is qualified to complete the transfer. The unique approval number is a permit valid for 24 hours for the requested transfer. If the firearm is not transferred from the transferor to the recipient within 24 hours after receipt of the unique approval number, a new request must be made by the transferor.
    2. If the department is unable to determine whether the recipient is qualified for or disqualified from completing the transfer within 30 minutes of receiving the request, the department shall notify the transferor and provide the transferor with an estimate of the time when the department will provide the requested information.
  3. A public employee or public agency incurs no criminal or civil liability for performing the criminal background checks required by this section, provided the employee or agency acts in good faith and without malice.
    1. The department may retain a record of the information obtained during a request for a criminal background check under this section for the period of time provided in ORS 166.412 (7).
    2. The record of the information obtained during a request for a criminal background check under this section is exempt from disclosure under public records law.
    3. If the department determines that a recipient is prohibited from possessing a firearm under ORS 166.250 (1)(c), as soon as practicable, the department may report the attempted transfer and the recipient's name to the appropriate law enforcement agency.
  4. The recipient of the firearm must be present when the transferor requests a criminal background check under this section.
    1. Except as otherwise provided in paragraph (b) of this subsection, a transferor who receives notification under this section that the recipient is qualified to complete the transfer of a firearm, has the recipient fill out the form required by ORS 166.438 (1)(a) and retains the form as required by ORS 166.438
    2. is immune from civil liability for any use of the firearm from the time of the transfer unless the transferor knows, or reasonably should know, that the recipient is likely to commit an unlawful act involving the firearm. The immunity provided by paragraph (a) of this subsection does not apply:
      1. If the transferor knows, or reasonably should know, that the recipient of the firearm intends to deliver the firearm to a third person who the transferor knows, or reasonably should know, may not lawfully possess the firearm; or
      2. In any product liability civil action under ORS 30.900 to 30.920.

[2001 c.1 §6; 2015 c. 050 §3]

§166.438 - (2015) Transfer of firearms at gun shows
  1. A transferor who is not a gun dealer may not transfer a firearm at a gun show unless the transferor:
      1. Requests a criminal background check under ORS 166.436 prior to completing the transfer;
      2. Receives a unique approval number from the Department of State Police indicating that the recipient is qualified to complete the transfer; and
      3. Has the recipient complete the form described in ORS 166.441; or
    1. Completes the transfer through a gun dealer.
  2. The transferor shall retain the completed form referred to in subsection (1) of this section for at least five years and shall make the completed form available to law enforcement agencies for the purpose of criminal investigations.
  3. A person who organizes a gun show shall post in a prominent place at the gun show a notice explaining the requirements of subsections (1) and (2) of this section. The person shall provide the form required by subsection (1) of this section to any person transferring a firearm at the gun show.
  4. Subsection (1) of this section does not apply if the transferee is licensed as a dealer under 18 U.S.C. 923.
    1. Failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class A misdemeanor.
    2. Notwithstanding paragraph (a) of this subsection, failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class C felony if the person has two or more previous convictions under this section.
  5. It is an affirmative defense to a charge of violating subsection (1) or (3) of this section that the person did not know, or reasonably could not know, that more than 25 firearms were at the site and available for transfer.

[2001 c.1 §7; 2015 c. 050 §9, eff. Aug 8, 2015]

§166.441 - Form for transfer of firearm at gun show
  1. The Department of State Police shall develop a form to be completed by a person seeking to obtain a firearm at a gun show from a transferor other than a gun dealer. The department shall consider including in the form all of the requirements for disclosure of information that are required by federal law for over-the-counter firearms transactions.
  2. The department shall make the form available to the public at no cost.

[2001 c.1 §8]

§166.445 - Short title

ORS 166.432 to 166.445 and the amendments to ORS 166.416, 166.418 and 166.460 by sections 9, 10 and 11, chapter 1, Oregon Laws 2001, shall be known as the Gun Violence Prevention Act.

[2001 c.1 §2]

Note: See note under 166.432.

§166.450 - Obliteration or change of identification number on firearms

Any person who intentionally alters, removes or obliterates the identification number of any firearm for an unlawful purpose, shall be punished upon conviction by imprisonment in the custody of the Department of Corrections for not more than five years. Possession of any such firearm is presumptive evidence that the possessor has altered, removed or obliterated the identification number.

[Amended by 1987 c.320 §90; 1989 c.839 §24]

§166.460 - (2015) Antique firearms excepted
  1. ORS 166.250, 166.260, 166.291 to 166.295, 166.410, 166.412, 166.425, 166.434, 166.438 and 166.450 do not apply to antique firearms.
  2. Notwithstanding the provisions of subsection (1) of this section, possession of an antique firearm by a person described in ORS 166.250 (1)(c)(B) to (D) or (G) constitutes a violation of ORS 166.250.

[Amended by 1979 c.779 §6; 1989 c.839 §25; 1993 c.735 §8; 1995 c.729 §9; 2001 c.1 §11; 2001 c.666 §§35,47; 2003 c.614 §10; 2009 c.499 §5; 2015 c. 050 §14]

§166.470 - (2015) Limitations and conditions for sales of firearms
  1. Unless relief has been granted under ORS 166.273 or 166.274 or 18 U.S.C. 925(c) or the expunction laws of this state or an equivalent law of another jurisdiction, a person may not intentionally sell, deliver or otherwise transfer any firearm when the transferor knows or reasonably should know that the recipient:
    1. Is under 18 years of age;
    2. Has been convicted of a felony;
    3. Has any outstanding felony warrants for arrest;
    4. Is free on any form of pretrial release for a felony;
    5. Was committed to the Oregon Health Authority under ORS 426.130;
    6. After January 1, 1990, was found to be a person with mental illness and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;
    7. Has been convicted of a misdemeanor involving violence or found guilty except for insanity under ORS 161.295 of a misdemeanor involving violence within the previous four years. As used in this paragraph, "misdemeanor involving violence" means a misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195 or 166.155 (1)(b);
    8. Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing or possessing a firearm; or
    9. Has been found guilty except for insanity under ORS 161.295 of a felony.
  2. A person may not sell, deliver or otherwise transfer any firearm that the person knows or reasonably should know is stolen.
  3. Subsection (1)(a) of this section does not prohibit:
    1. The parent or guardian, or another person with the consent of the parent or guardian, of a minor from transferring to the minor a firearm, other than a handgun; or
    2. The temporary transfer of any firearm to a minor for hunting, target practice or any other lawful purpose.
  4. Violation of this section is a Class A misdemeanor.

[Amended by 1989 c.839 §3; 1991 c.67 §40; 1993 c.735 §11; 2001 c.828 §2; 2003 c.577 §7; 2009 c.499 §6; 2009 c.595 §115; 2009 c.826 §8; 2013 c.360 §10; 2015 c. 050 §§17, 18; 2015 c.201 §6]

Note: The amendments to 166.470 by section 11, chapter 826, Oregon Laws 2009, become operative January 2, 2016. See section 14, chapter 826, Oregon Laws 2009, as amended by section 23, chapter 826, Oregon Laws 2009, and section 2, chapter 448, Oregon Laws 2011. The text that is operative on and after January 2, 2016, including amendments by section 11, chapter 360, Oregon Laws 2013, is set forth for the user's convenience.

§166.480 - Sale or gift of explosives to children

Any person who sells, exchanges, barters or gives to any child, under the age of 14 years, any explosive article or substance, other than an ordinary firecracker containing not more than 10 grains of gunpowder or who sells, exchanges, barters or gives to any such child, any instrument or apparatus, the chief utility of which is the fact that it is used, or is ordinarily capable of being used, as an article or device to increase the force or intensity of any explosive, or to direct or control the discharge of any such explosive, is guilty of a misdemeanor.

[Amended by 1989 c.839 §26]

§166.490 - Purchase of firearms in certain other states
  1. As used in this section, unless the context requires otherwise:
    1. "Contiguous state" means California, Idaho, Nevada or Washington.
    2. "Resident" includes an individual or a corporation or other business entity that maintains a place of business in this state.
  2. A resident of this state may purchase or otherwise obtain a rifle or shotgun in a contiguous state and receive in this state or transport into this state such rifle or shotgun, unless the purchase or transfer violates the law of this state, the state in which the purchase or transfer is made or the United States.
  3. This section does not apply to the purchase, receipt or transportation of rifles and shotguns by federally licensed firearms manufacturers, importers, dealers or collectors.
  4. This section expires and stands repealed upon the date that section 922(b) (3) of the Gun Control Act of 1968 (18 U.S.C. 922(b) (3)) and regulations pursuant thereto are repealed or rescinded.

[1969 c.289 §§1,2,3,4]

DISCHARGING WEAPONS

§166.630 - Discharging weapon on or across highway, ocean shore recreation area or public utility facility
  1. Except as provided in ORS 166.220, any person is guilty of a violation who discharges or attempts to discharge any blowgun, bow and arrow, crossbow, air rifle or firearm:
    1. Upon or across any highway, railroad right of way or other public road in this state, or upon or across the ocean shore within the state recreation area as defined in ORS 390.605.
    2. At any public or railroad sign or signal or an electric power, communication, petroleum or natural gas transmission or distribution facility of a public utility, telecommunications utility or railroad within range of the weapon.
  2. Any blowgun, bow and arrow, crossbow, air rifle or firearm in the possession of the person that was used in committing a violation of this section may be confiscated and forfeited to the State of Oregon. This section does not prevent:
    1. The discharge of firearms by peace officers in the performance of their duty or by military personnel within the confines of a military reservation.
    2. The discharge of firearms by an employee of the United States Department of Agriculture acting within the scope of employment in the course of the lawful taking of wildlife.
  3. The hunting license revocation provided in ORS 497.415 is in addition to and not in lieu of the penalty and forfeiture provided in subsections (1) and (2) of this section.
  4. As used in this section:
    1. "Public sign" includes all signs, signals and markings placed or erected by authority of a public body.
    2. "Public utility" has the meaning given that term in ORS 164.365 (2).
    3. "Railroad" has the meaning given that term in ORS 824.020.

[Amended by 1963 c.94 §1; 1969 c.501 §2; 1969 c.511 §4; 1973 c.196 §1; 1973 c.723 §118; 1981 c.900 §1; 1987 c.447 §113; 1991 c.797 §2; 2009 c.556 §7]

§166.635 - Discharging weapon or throwing objects at trains
  1. A person shall not knowingly throw an object at, drop an object on, or discharge a bow and arrow, air rifle, rifle, gun, revolver or other firearm at a railroad train, a person on a railroad train or a commodity being transported on a railroad train. This subsection does not prevent a peace officer or a railroad employee from performing the duty of a peace officer or railroad employee.
  2. Violation of subsection (1) of this section is a misdemeanor.

[1973 c.139 §4]

§166.638 - Discharging weapon across airport operational surfaces
  1. Any person who knowingly or recklessly discharges any bow and arrow, gun, air gun or other firearm upon or across any airport operational surface commits a Class A misdemeanor. Any bow and arrow, gun, air gun or other firearm in the possession of the person that was used in committing a violation of this subsection may be confiscated and forfeited to the State of Oregon, and the clear proceeds shall be deposited with the State Treasury in the Common School Fund.
  2. As used in subsection (1) of this section, "airport operational surface" means any surface of land or water developed, posted or marked so as to give an observer reasonable notice that the surface is developed for the purpose of storing, parking, taxiing or operating aircraft, or any surface of land or water when actually being used for such purpose.
  3. Subsection (1) of this section does not prohibit the discharge of firearms by peace officers in the performance of their duty or by military personnel within the confines of a military reservation, or otherwise lawful hunting, wildlife control or other discharging of firearms done with the consent of the proprietor, manager or custodian of the airport operational surface.
  4. The hunting license revocation provided in ORS 497.415 is in addition to and not in lieu of the penalty provided in subsection (1) of this section.

[1981 c.901 §2; 1987 c.858 §2]

POSSESSION OF BODY ARMOR

§166.641 - Definitions for ORS 166.641 to 166.643

As used in this section and ORS 166.642 and 166.643:

  1. "Body armor" means any clothing or equipment designed in whole or in part to minimize the risk of injury from a deadly weapon.
  2. "Deadly weapon" has the meaning given that term in ORS 161.015.
  3. "Misdemeanor involving violence" has the meaning given that term in ORS 166.470.

[2001 c.635 §1]

§166.642 - Felon in possession of body armor
  1. A person commits the crime of felon in possession of body armor if the person:
    1. Has been convicted of a felony or misdemeanor involving violence under the law of any state or the United States; and
    2. Knowingly is in possession or control of body armor.
  2. Felon in possession of body armor is a Class C felony.
  3. For purposes of subsection (1) of this section, a person who has been found to be within the jurisdiction of a juvenile court for having committed an act that would constitute a felony or misdemeanor involving violence has been convicted of a felony or misdemeanor involving violence.
  4. Subsection (1) of this section does not apply to:
    1. A person who is wearing body armor provided by a peace officer for the person's safety or protection while the person is being transported or accompanied by a peace officer; or
    2. A person who has been convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the law of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, and who has been discharged from imprisonment, parole or probation for the offense for a period of 15 years prior to the date of the alleged violation of subsection (1) of this section.
  5. It is an affirmative defense to a charge of violating subsection (1) of this section that a protective order or restraining order has been entered to the benefit of the person. The affirmative defense created by this subsection is not available if the person possesses the body armor while committing or attempting to commit a crime.

[2001 c.635 §2]

§166.643 - Unlawful possession of body armor
  1. A person commits the crime of unlawful possession of body armor if the person, while committing or attempting to commit a felony or misdemeanor involving violence, knowingly:
    1. Wears body armor; and
    2. Possesses a deadly weapon.
  2. Unlawful possession of body armor is a Class B felony.

[2001 c.635 §3]

TITLE 32 - MILITARY AFFAIRS; EMERGENCY SERVICES

CHAPTER 401 - Emergency Management And Services

(Declaration of State of Emergency)

§401.198 - Seizure of firearms during emergency
  1. As used in this section, "unit of government" means any department or agency of the federal government and any public body as defined by ORS 174.109.
  2. Notwithstanding ORS 401.165 to 401.236, a unit of government may not seize a firearm from an individual who lawfully possesses the firearm during a state of emergency declared under ORS 401.165.
  3. If a unit of government seizes a firearm from an individual during a state of emergency in violation of this section, the individual may recover from the unit of government that seized the firearm all costs incurred in the recovery of the firearm, including attorney fees, court costs and any other costs incurred in the recovery of the firearm.

[Formerly 401.039]

Volume 12 - Drugs and Alcohol, Fire Protection, Natural Resources

Chapter 477 - Fire Protection of Forests and Vegetation

FIRE PREVENTION

§477.512 - (2013) Additional acts prohibited during fire season
  1. As used in this section:
    1. "Exploding target" means a device:
      1. Designed for use or used as a target for small arms ammunition or for other projectiles;
      2. Consisting of a flammable substance or flammable combination of substances; and
      3. Capable of exploding when struck by small arms gunfire or by other projectiles.
    2. "Sky lantern" means an unmanned self-contained luminary device that uses heated air produced by an open flame or produced by another source to become or remain airborne.
    3. "Small arms" means a shotgun, rifle, pistol or revolver.
    4. "Tracer ammunition" means a bullet that contains a flammable substance designed to ignite upon firing of the bullet and to burn with sufficient brightness to allow observation of the bullet trajectory.
  2. A person violates this section if, during a fire season declared under ORS 477.505 for a forest protection district or a part of a forest protection district:
    1. The person releases a sky lantern or discharges an exploding target or tracer ammunition on land that is inside the district or is within one-eighth of a mile of the district; or
    2. A sky lantern released by the person or tracer ammunition discharged by the person crosses above land that is inside the district or is within one-eighth of a mile of the district.
  3. Violation of this section is a Class A violation. In addition to any enforcement officer specifically identified in ORS 153.005, the State Fire Marshal, the State Forestry Department or the State Forester may issue a citation for a violation under this section.

[2013 c.223 §2]

Note: 477.512 was added to and made a part of ORS chapter 477 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.