Title 16, Crimes and Punishments

(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…

The People of the State of Oregon find and declare that regulation of sale, purchase and otherwise transferring of all firearms and restriction of the manufacture, import, sale, purchase, transfer, use and possession of ammunition magazines to those that hold no more than 10 roun…

As used in this section and ORS 166.412, 166.435, 166.436, 166.438, 166.505 and 166.508: (1) “Criminal background check” has the same meaning given to this term in ORS 166.432 (1)(a) to (e). (2) “Department” means the Department of State Police. (3) “Gun dealer” means a person en…

(1)(a) A person may apply for a permit-to-purchase a firearm or firearms under this section to the police chief or county sheriff with jurisdiction over the residence of the person making the application, or their designees, hereinafter referred to as “permit agent.” (b) A person…

(1) If the application for the permit-to-purchase is denied, the permit agent shall set forth in writing the reasons for the denial. The denial shall be placed in the mail to the applicant by certified mail, restricted delivery, within 30 days after the application was made. If n…

If any provision of chapter 1, Oregon Laws 2023, or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of chapter 1, Oregon Laws 2023, which can be given effect without the invalid provision or applicatio…

As used in ORS 166.525 to 166.543: (1) “Deadly weapon” means: (a) Any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury; or (b) A firearm, whether loaded or unloaded. (2) “Family or household member” means…

(1) A law enforcement officer or a family or household member of a person may file a petition requesting that the court issue an extreme risk protection order enjoining the person from having in the person’s custody or control, owning, purchasing, possessing or receiving, or atte…

(1) At a hearing on an extreme risk protection order requested by the respondent under ORS 166.527 (9), the court may: (a) Examine under oath the petitioner, the respondent and any witness either party may produce, including a mental health professional selected by the respondent…

(1) The petitioner or the respondent of an extreme risk protection order issued or continued under ORS 166.527 or 166.530 may each submit a written request once during the 12-month effective period of the order, and once during any 12-month effective period of an order renewed un…

(1) A law enforcement officer or a family or household member of a respondent, including but not limited to the law enforcement officer or family or household member who petitioned the court for the original extreme risk protection order issued under ORS 166.527, may request a re…

(1) Upon issuance of an extreme risk protection order under ORS 166.527, the court shall further order that the respondent: (a) Within 24 hours surrender all deadly weapons in the respondent’s custody, control or possession to a law enforcement agency, a gun dealer or a third par…

(1) If an extreme risk protection order is terminated or expires without renewal, a law enforcement agency holding any deadly weapon or concealed handgun license that has been surrendered pursuant to the order shall return the surrendered items as requested by the respondent of t…

(1) A person commits a Class A misdemeanor if: (a) The person knowingly possesses a deadly weapon; and (b) The person is prohibited from possessing deadly weapons pursuant to an extreme risk protection order: (A) Issued after notice and a hearing under ORS 166.530; (B) Confirmed …