Chapter 166 — Chapter 166
164 sections in this chapter.
ORS 166.255 Possession of firearm or ammunition by certain persons prohibited. (1) It is unlawful for a person to knowingly possess a firearm or ammunition if
2.6K chars
(a) The person is the subject of a court order that: (A)(i) 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; or (ii) Was issued, continued or remains in effect, by order or ope…
ORS 166.256 Relinquishment of firearm upon person becoming subject to certain court orders. (1)(a) When a respondent becomes subject to an order described in ORS 166.255 (1)(a) prohibiting the respondent from possessing firearms or ammunition, the court shall
5.7K chars
(A) Indicate in the order that the respondent is prohibited from possessing firearms and ammunition under ORS 166.250 and 166.255 while the order is in effect. (B) Ensure that the respondent is subject to an additional order: (i) Requiring the respondent to transfer all firearms …
ORS 166.257 Return of relinquished firearm. (1) Upon receiving a request to return a firearm or ammunition relinquished to a law enforcement agency pursuant to ORS 166.256, the law enforcement agency shall
0.7K chars
(a) Notify the Department of Justice of the return request for the purposes of notifying the petitioner of the order; and (b) Hold the firearm or ammunition for 72 hours after receiving the request. (2) Prior to returning the firearm or ammunition, the law enforcement agency shal…
ORS 166.259 Relinquishment of firearm upon conviction of certain offenses. (1) When a person is convicted of an offense described in ORS 166.255 (1)(b) or (c), the court shall, at the time of conviction
3.9K chars
(a) Indicate in the judgment of conviction that the person is prohibited from possessing firearms and ammunition under ORS 166.250 and 166.255; (b) Inform the person, orally and in writing, that the person is prohibited from possessing firearms and ammunition; (c) Order in writin…
ORS 166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect
2.8K chars
(a) A parole and probation officer, police officer or reserve officer, as those terms are defined in ORS 181A.355. (b) 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 federa…
ORS 166.262 Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370. A peace officer may not arrest or charge a person for violating ORS 166.250 (1)(a) or (b) or 166.370 (1)(a) if the person has in the person’s immediate possession
0.7K chars
(1) A valid license to carry a firearm as provided in ORS 166.291 and 166.292, unless the person possesses a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year, within a building subject to …
ORS 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 181A.355, may carry a firearm while engaged in official duties if the officer has completed
0.1K chars
(1) A firearms training program recognized by the Board on Public Safety Standards and Training; and (2) A psychological screening. [1995 c.670 §1]
ORS 166.265 Manufacture, importation, sale or transfer of undetectable firearm. (1)(a) A person may not knowingly manufacture or cause to be manufactured within this state, import into this state, or offer for sale, sell or transfer, an undetectable firearm
0.7K chars
(b) A violation of paragraph (a) of this subsection is a Class B felony. (2)(a) A person may not knowingly possess an undetectable firearm. (b)(A) A violation of paragraph (a) of this subsection is a Class A misdemeanor. (B) Notwithstanding subparagraph (A) of this paragraph, a v…
ORS 166.266 Sale, transfer or possession of firearm without serial number. (1) A person may not knowingly possess, offer for sale, sell or transfer a firearm unless the firearm has been imprinted with a serial number by a federally licensed firearm manufacturer, importer or dealer, or a gunsmith with a federal firearms license, in accordance with federal law
1.3K chars
(2) This section does not apply to: (a) Antique firearms; (b) Firearms manufactured prior to October 22, 1968; (c) Firearms rendered permanently inoperable; (d) The sale, offer to sell, or transfer of a firearm to, or possession of a firearm by, a person licensed as a firearm man…
ORS 166.267 Importation, sale, transfer or possession of unfinished frame or receiver. (1)(a) A person may not knowingly import into this state, offer for sale, sell or transfer an unfinished frame or receiver unless
2.4K chars
(A) The person is licensed as a firearm dealer under 18 U.S.C. 923; (B) The name of the manufacturer and an individual serial number is conspicuously placed on the unfinished frame or receiver in accordance with the procedures for the serialization of a firearm in 18 U.S.C. 923(i…
ORS 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
2.3K chars
(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 i…
ORS 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
0.7K chars
(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 possessi…
ORS 166.273 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
4.0K chars
(a) The person is barred from possessing a firearm under ORS 166.250 (1)(c)(D) or (E); (b) 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…
ORS 166.274 Relief from prohibition against possessing or receiving 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
4.0K chars
(a) The person is barred from possessing a firearm under ORS 166.250 (1)(c)(A), (C) or (H) or 166.270; or (b) 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)…
ORS 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]
0.0K chars
[Repealed or reserved.]
ORS 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
1.4K chars
(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…
ORS 166.280 [Amended by 1981 c.767 §1; 1993 c.625 §2; 1997 c.480 §5; 1997 c.693 §2; repealed by 2001 c.666 §56]
0.0K chars
[Repealed or reserved.]
ORS 166.281 [2001 c.666 §52; repealed by 2003 c.614 §13]
0.0K chars
[Repealed or reserved.]
ORS 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
0.1K chars
(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]
ORS 166.290 [Amended by 1973 c.391 §1; repealed by 1989 c.839 §7 (166.291 to 166.293 enacted in lieu of 166.290)]
0.0K chars
[Repealed or reserved.]
ORS 166.291 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
13.0K chars
(a)(A) Is a citizen of the United States; or (B) Is a legal resident noncitizen 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 stat…
ORS 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
1.4K chars
(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: _…
ORS 166.293 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
3.8K chars
(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 …
ORS 166.295 Renewal of license. (1)(a) 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
0.9K chars
(A) 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 (B) Submits with the application proof of the licensee’s military orders and a copy of the licensee’s military identification. (b) An otherw…
ORS 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
0.2K chars
(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]
ORS 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
0.4K chars
(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 org…
ORS 166.310 [Repealed by 1985 c.709 §4]
0.0K chars
[Repealed or reserved.]
ORS 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
0.4K chars
(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 gove…
ORS 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]
0.0K chars
[Repealed or reserved.]
ORS 166.340 [1965 c.20 §§2,3; 1969 c.351 §1; repealed by 1981 c.41 §3]
0.0K chars
[Repealed or reserved.]
ORS 166.350 Unlawful possession of armor piercing ammunition. (1) A person commits the crime of unlawful possession of armor piercing ammunition if the person
0.8K chars
(a) 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 u…
ORS 166.352 Unlawful transport, manufacture, transfer or possession of rapid fire activator. (1) A person commits the crime of unlawful transport, manufacture or transfer of a rapid fire activator if the person knowingly
3.8K chars
(a) Transports a rapid fire activator into this state; or (b) Manufactures, sells, offers to sell or transfers a rapid fire activator. (2) A person commits the crime of unlawful possession of a rapid fire activator if the person knowingly possesses, purchases or receives a rapid …
ORS 166.355 Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine. (1) As used in this section
9.8K chars
(a) “Armed Forces of the United States” has the meaning given that term in ORS 348.282. (b) “Detachable magazine” means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted in a firearm. (c) “Fixed magazine” means an ammun…
ORS 166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise
3.3K chars
(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 o…
ORS 166.370 Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school. (1)(a) 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
5.7K chars
(b) Notwithstanding paragraph (a) of this subsection, in a prosecution under this section for the possession of a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year, within a building subjec…
ORS 166.372 [1993 c.625 §3; repealed by 1996 c.16 §5]
0.0K chars
[Repealed or reserved.]
ORS 166.373 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
2.0K chars
(a) Is acting in an official capacity and is officially on duty; (b) Is carrying a weapon that the employing agency of the officer has authorized the officer to carry; and (c) Is in compliance with any security procedures established under subsections (3) and (4) of this section.…
ORS 166.375 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
1.3K chars
(a) Is present at a public building owned or occupied by the department; (b) Has a valid concealed handgun license issued pursuant to ORS 166.291 and 166.292; and (c) Has secured the personal handgun and ammunition in a closed and locked container designed for the storage of fire…
ORS 166.377 Possession of firearms in certain public buildings by concealed handgun licensees. (1) The governing board of a public university listed in ORS 352.002, the Oregon Health and Science University Board of Directors, the governing board of a community college or a district school board as defined in ORS 332.002 may adopt a policy providing that the affirmative defense described in ORS 166.370 (3)(g), concerning persons licensed to carry a concealed handgun under ORS 166.291 and 166.292, does not apply to the possession of firearms on the grounds of the schools controlled by the board
1.6K chars
(2) A board that adopts a policy under subsection (1) of this section shall: (a) Post a clearly visible sign, at all normal points of entry to the school grounds subject to the policy described in subsection (1) of this section, indicating that the affirmative defense described i…
ORS 166.380 Examination of firearm by peace officer; presentation of concealed handgun license. (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
0.3K chars
(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] (Destructive Devices)
ORS 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
1.8K chars
(a) Any of the following devices with an explosive, incendiary or poison gas component: (A) Bomb; (B) Grenade; (C) Rocket having a propellant charge of more than four ounces; (D) Missile having an explosive or incendiary charge of more than one-quarter ounce; or (E) Mine; or (b) …
ORS 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
0.3K chars
(a) A destructive device, as defined in ORS 166.382; or (b) 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 §…
ORS 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
1.0K chars
(a) Possessing, manufacturing, selling, delivering, placing or causing to be placed a hoax destructive device; or (b) 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 t…
ORS 166.390 Short title. ORS 166.392 to 166.403 shall be known and may be cited as the Cindy Yuille and Steve Forsyth Act. [2021 c.146 §1]
0.0K chars
[Repealed or reserved.]
ORS 166.392 Definitions. As used in ORS 166.392 to 166.403
2.3K chars
(1) “Authorized person” means a person authorized by the owner or possessor of a firearm to temporarily carry or control the firearm while in the presence of the owner or possessor. (2) “Container” means a box, case, chest, locker, safe or other similar receptacle, including, wit…
ORS 166.395 Securing firearms; penalties; civil liability. (1)(a) An owner or possessor of a firearm shall, at all times that the firearm is not carried by or under the control of the owner, possessor or authorized person, secure the firearm
2.0K chars
(A) With an engaged trigger or cable lock; (B) In a locked container; or (C) In a gun room. (b) For purposes of paragraph (a) of this subsection, a firearm is not secured if: (A) A key or combination to the trigger or cable lock or the container is readily available to a person t…
ORS 166.397 Reporting loss or theft of firearm; penalties; civil liability. (1)(a) A person who owns, possesses or controls a firearm shall report the loss or theft of the firearm to a law enforcement agency in the jurisdiction in which the loss or theft occurred as soon as practicable but not later than within 72 hours of the time the person knew or reasonably should have known of the loss or theft
2.2K chars
(b) If a means of reporting a loss or theft of a firearm within 72 hours is not reasonably available, the person who owned, possessed or controlled the firearm that was lost or stolen must report the loss or theft within 24 hours of the means of reporting becoming available. (c) …
ORS 166.400 Requirement that firearm be locked during transfer; penalties; civil liability. (1) If a person transfers a firearm and a criminal background check under ORS 166.435 is required prior to the transfer, the person shall transfer the firearm
1.2K chars
(a) With an engaged trigger or cable lock; or (b) In a locked container. (2)(a) A violation of subsection (1) of this section is a Class C violation. (b) Each firearm transferred in violation of subsection (1) of this section constitutes a separate violation. (3) If a firearm tra…
ORS 166.403 Duty to supervise upon transfer of firearm to minor; civil liability. (1) Except as provided in subsections (3) and (4) of this section, a person who delivers or otherwise transfers a firearm to a minor shall directly supervise the minor’s use of the firearm
1.8K chars
(2)(a) If a person delivers or otherwise transfers a firearm to a minor and fails to directly supervise the minor’s use of the firearm as required by subsection (1) of this section, in an action against the person to recover damages for injury to a person or property caused by th…
ORS 166.405 Gun dealer notice requirement. A gun dealer shall post in a prominent location in the gun dealer’s place of business a notice, in block letters not less than one inch in height, that states, “The purchaser of a firearm has an obligation to store firearms in a safe manner and to prevent unsupervised access to a firearm by a minor. If a minor or unauthorized person obtains access to a firearm and the owner failed to store the firearm in a safe manner, the owner may be in violation of the law.” [2021 c.146 §7]
0.0K chars
[Repealed or reserved.]