Title 16, Crimes and Punishments

(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: (a)(A) Is a c…

(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 b…

(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 i…

(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: (A) Is an…

(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 s…

(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 man…

(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, r…

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]

(1) A person commits the crime of unlawful possession of armor piercing ammunition if the person: (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 whic…

(1) A person commits the crime of unlawful transport, manufacture or transfer of a rapid fire activator if the person knowingly: (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 com…

(1) As used in this section: (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) “F…

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 …

(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. (b) Notwithstanding paragraph (a) of this subsection, in a prosecu…

(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: (a) Is acting in an official capacit…

(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 aut…

(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 def…

(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 c…

(1) A person commits the crime of unlawful possession of a destructive device if the person possesses: (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…

(1) A person commits the crime of unlawful manufacture of a destructive device if the person assembles, produces or otherwise manufactures: (a) A destructive device, as defined in ORS 166.382; or (b) A pyrotechnic device containing two or more grains of pyrotechnic charge in viol…

(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: (a) Possessing, manufacturing, selling, delivering, placing or causing to be placed a hoax destructive device; or (b) Sen…

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]

As used in ORS 166.392 to 166.403: (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…

(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: (A) With an engaged trigger or cable lock; (B) In a locked container; or (C) In a gun room. (b) …

(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 rea…

(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: (a) With an engaged trigger or cable lock; or (b) In a locked container. (2)(a) A violation of subsection (1) of this se…

(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. (2)(a) If a person delivers or otherwise transfers a firearm to a minor and fails to direc…

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…

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 w…

(1) As used in this section: (a) “Antique firearm” has the meaning given that term in 18 U.S.C. 921; (b) “Department” means the Department of State Police; (c) “Firearm” has the meaning given that term in ORS 166.210, except that it does not include an antique firearm; (d) “Firea…

(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 re…

(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…

(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. (2) Improperly transferring a firearm is a Class A misdemeanor. […

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 inv…

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.50 §5] Note: 166.422 was enacted into law by the Legislative Assembly but was not a…

(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…

(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 …

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.83…

(1) As used in ORS 166.412, 166.433, 166.434, 166.435, 166.436 and 166.438, “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 li…

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…

(1) 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 posse…

(1) As used in this section: (a) “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 tran…

(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 transfer…

(1) A transferor who is not a gun dealer may not transfer a firearm at a gun show unless the transferor: (a)(A) Verifies with the department that the recipient has a valid permit-to-purchase issued under ORS 166.505; (B) Requests a criminal background check under ORS 166.436 prio…

(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 …

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.

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 fir…

(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)(…

(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 reaso…

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 instr…

(1) As used in this section, unless the context requires otherwise: (a) “Contiguous state” means California, Idaho, Nevada or Washington. (b) “Resident” includes an individual or a corporation or other business entity that maintains a place of business in this state. (2) A reside…