Oregon Revised Statutes
A person commits the crime of treason if the person levies war against the State of Oregon or adheres to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act or upon confession in open court. A person convicted of treason shall be punished by imprisonment for life…
A person commits the crime of riot if while participating with five or more other persons the person engages in tumultuous and violent conduct and thereby intentionally or recklessly creates a grave risk of causing public alarm. Riot is a Class C felony.
A person commits the crime of disorderly conduct in the first degree if, with intent to cause public inconvenience, annoyance or alarm, or knowingly creating a risk thereof, the person initiates or circulates a report, knowing it to be false: Concerning an alleged hazardous substance or an alleged or impending fire, explosion, catastrophe or other emergency…
A person commits the crime of disorderly conduct in the second degree if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person: Engages in fighting or in violent, tumultuous or threatening behavior; Makes unreasonable noise; Disturbs any lawful assembly of persons without lawful authority; Obstr…
A person commits the crime of harassment if the person intentionally: Harasses or annoys another person by subjecting such other person to offensive physical contact; Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to…
A person commits the crime of aggravated harassment if the person, knowing that the other person is a: Staff member, knowingly propels saliva, blood, urine, semen, feces or other dangerous substance at the staff member while the staff member is acting in the course of official duty or as a result of the staff member’s official duties; Public safety officer…
A person commits the crime of abuse of venerated objects if the person intentionally abuses a public monument or structure, a place of worship or the national or state flag. As used in this section and ORS 166.085, “abuse” means to deface, damage, defile or otherwise physically mistreat in a manner likely to outrage public sensibilities. Abuse of venerated…
A person commits the crime of abuse of a memorial to the dead if the person: Intentionally destroys, mutilates, defaces, injures or removes any: Tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead; or Fence, railing, curb or other thing intended for the protection or for the ornamentation of any structur…
A person commits the crime of abuse of corpse in the second degree if, except as otherwise authorized by law, the person intentionally: Abuses a corpse; or Disinters, removes or carries away a corpse. Abuse of corpse in the second degree is a Class C felony. As used in this section and ORS 166.087, “abuse of corpse” includes treatment of a corpse by any …
A person commits the crime of abuse of corpse in the first degree if the person: Engages in sexual activity with a corpse or involving a corpse; or Dismembers, mutilates, cuts or strikes a corpse. Abuse of corpse in the first degree is a Class B felony. Note: 166.087 was enacted into law by the Legislative Assembly but was not added to or made a part of …
A telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person: By causing the telephone of the other person to ring, such caller having no communicative purpose; By causing such other person’s telephone to ring, knowing that the caller has been forbidden from so doing by a person exercising lawf…
A person commits the crime of misconduct with emergency telephone calls if the person: Intentionally refuses to relinquish immediately a party line or public pay telephone after being informed that it is needed for an emergency call; or Requests another to relinquish a party line or public pay telephone to place an emergency call with knowledge that no suc…
A person commits the crime of interfering with public transportation if the person: Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station; Intentionally or knowingly interferes with the provision or use of public transportation services by, among other things, interfering with the movement of, o…
A person commits the crime of interfering with a health care facility if the person intentionally, knowingly or recklessly interferes with access to or from a health care facility, or disrupts the normal functioning of a health care facility, by: Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or …
As used in ORS 166.122 to 166.128: “Critical infrastructure” means a gas, electric or water utility system, an electric substation, a pipeline or other conveyance for carrying gas, natural gas or fuel, a fiber optic cable network, a base transceiver station or other wireless communication infrastructure, a data center, or a dam, bridge, road, airport, marin…
A person commits the crime of domestic terrorism in the first degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure: Intentionally destroys or substantially damages critical infrastructure; or Intentionally introduces, releases or dispe…
A person commits the crime of domestic terrorism in the second degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure: Intentionally possesses a toxic substance with the intent to introduce the substance into widespread contact with human…
BIAS CRIME
A person commits a bias crime in the second degree if the person: Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another person because of the person’s perception of the other person’s race, color, religion, gender identity, …
A person commits a bias crime in the first degree if the person: Intentionally, knowingly or recklessly causes physical injury to another person because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin; With criminal negligence causes physical injury to another person…
If a court sentences a person to community service for a violation of ORS 166.155 or 166.165 and the conduct that was the subject of the violation occurred while on the waters of this state or on publicly owned land used for outdoor recreation, the community service may include: Habitat restoration or restoration or maintenance of outdoor recreation facilit…
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. Except as expressly authorized b…
A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries. Ordinances adopted under subsection (1) of this section may not apply to or affect: A person discharging a firearm in the lawful defense of person or property. A person discharging a firearm in the course of lawful hunting. A landowner and g…
A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city’s boundaries. Ordinances adopted under subsection (1) of this section may not apply to or affect: A person discharging a firearm in the lawful defense of person or property. A person discharging a firearm on a public or private shooting range, shooting …
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. Ordinances adopted under subsection (1) of this section do not apply to or affect: A law enforcement officer. A member of the military in the performance of official duty. A person licensed to carry a conce…
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.
Notwithstanding any other provision of law, a city may continue to regulate the purchase of used firearms by pawnshops and secondhand stores. As used in this section, “secondhand store” means a store or business whose primary source of revenue is the sale of used merchandise.
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: Established a procedure for regulating, restricting or prohibiting the discharge of firearms; or Regulated, restricted or prohibited the disc…
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 li…
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 th…
As used in ORS 166.250 to 166.270, 166.291 to 166.295 and 166.410 to 166.470: “Antique firearm” means: Any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898; and Any replica of any firearm described in paragraph (a) of this subsection if the replica: Is not design…
A person commits the crime of unlawful use of a weapon if the person: 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 Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits …
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 pr…
Except as otherwise provided in this section or ORS 166.260, 166.270, 166.273, 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: Carries any firearm concealed upon the person; Possesses a handgun that is concealed and readily accessible to the person within any vehicle; …
It is unlawful for a person to knowingly possess a firearm or ammunition if: The person is the subject of a court order that: 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 Was issued, continued or remains in effect, by order or operation of law, 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: 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. Ensure that the respondent is subject to…
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: Notify the Department of Justice of the return request for the purposes of notifying the petitioner of the order; and Hold the firearm or ammunition for 72 hours after receiving the request. Prior t…
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: Indicate in the judgment of conviction that the person is prohibited from possessing firearms and ammunition under ORS 166.250 and 166.255; Inform the person, orally and in writing, that the person is prohibited from possessing firea…
ORS 166.250 does not apply to or affect: A parole and probation officer, police officer or reserve officer, as those terms are defined in ORS 181A.355. 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 corre…
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: 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 …
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: A firearms training program recognized by the Board on Public Safety Standards and Training; and A psychological screening.
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. A violation of paragraph (a) of this subsection is a Class B felony. A person may not knowingly possess an undetectable firearm. A violation of paragraph (a) of this subsection is a Cla…
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. This section does not apply to: Antique firearms; Firearms manufactured pr…
A person may not knowingly import into this state, offer for sale, sell or transfer an unfinished frame or receiver unless: The person is licensed as a firearm dealer under 18 U.S.C. 923; 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 seriali…
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. Any person who has be…
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. Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is …
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: The person is barred from possessing a firearm under ORS 166.250 (1)(c)(D) or (E); The person is barred from receiving a firearm under ORS 166.470 (1)(e) or (f) or, if the person has been …
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: The person is barred from possessing a firearm under ORS 166.250 (1)(c)(A), (C) or (H) or 166.270; or The person is barred from receiving a firearm un…
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…
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. Except as provided in subsection (3) of this section, at the time of sentencing for any criminal offense in which a firearm or other de…
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. Subsection (1) of thi…
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: Is a citizen of the United States; or Is a legal resident noncitizen who can document continuou…
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 handg…
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 subsecti…
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: Is an active member of the Armed Forces of the United States, the National Guard of the United …
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. The Department of State Police shall compile the reports submitted under subsection (1) of this section and shall submit the compilation to the L…
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 o…
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 …
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.
A person commits the crime of unlawful possession of armor piercing ammunition if the person: 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 ammu…
A person commits the crime of unlawful transport, manufacture or transfer of a rapid fire activator if the person knowingly: Transports a rapid fire activator into this state; or Manufactures, sells, offers to sell or transfers a rapid fire activator. A person commits the crime of unlawful possession of a rapid fire activator if the person knowingly posse…
As used in this section: “Armed Forces of the United States” has the meaning given that term in ORS 348.282. “Detachable magazine” means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted in a firearm. “Fixed magazine” means an ammunition feeding device contained in or permanently attached to a f…
As used in ORS 166.360 to 166.380, unless the context requires otherwise: “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 sam…
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. Notwithstanding paragraph (a) of this subsection, in a prosecution under this section for the possession of a firearm within the Capitol, within the pas…
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: Is acting in an official capacity and is officially on duty; Is carrying a weapon that the employing agency of the off…
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…
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 conceal…
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. 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 off…
A person commits the crime of unlawful possession of a destructive device if the person possesses: Any of the following devices with an explosive, incendiary or poison gas component: Bomb; Grenade; Rocket having a propellant charge of more than four ounces; Missile having an explosive or incendiary charge of more than one-quarter ounce; or Mine; or An…
A person commits the crime of unlawful manufacture of a destructive device if the person assembles, produces or otherwise manufactures: A destructive device, as defined in ORS 166.382; or A pyrotechnic device containing two or more grains of pyrotechnic charge in violation of chapter 10, Title 18 of the United States Code. Unlawful manufacture of a destru…
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: Possessing, manufacturing, selling, delivering, placing or causing to be placed a hoax destructive device; or Sending a hoax destructive device to another person. Possession of a hoax destructive device…
ORS 166.392 to 166.403 shall be known and may be cited as the Cindy Yuille and Steve Forsyth Act.
As used in ORS 166.392 to 166.403: “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. “Container” means a box, case, chest, locker, safe or other similar receptacle, including, within a vehicle, a glove compartment, enclosed trunk …
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: With an engaged trigger or cable lock; In a locked container; or In a gun room. For purposes of paragraph (a) of this subsection, a firearm is not secured if: A key or combinatio…
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. If a means of reporting a loss or thef…
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: With an engaged trigger or cable lock; or In a locked container. A violation of subsection (1) of this section is a Class C violation. Each firearm transferred in violation of subsection (1) of this s…
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. 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…
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 firea…
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 a…
As used in this section: “Antique firearm” has the meaning given that term in 18 U.S.C. 921; “Department” means the Department of State Police; “Firearm” has the meaning given that term in ORS 166.210, except that it does not include an antique firearm; “Firearms transaction record” means the firearms transaction record required by 18 U.S.C. 921 to 929; …
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. Fe…
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. Providing false information in connection with a transfer of a firearm is a Class A misdemeanor. Note…
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. Improperly transferring a firearm is a Class A misdemeanor. Note: See third note under 166.412.
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 agenc…
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. 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…
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. Unlawfully purchasing a firearm is a Class A misdemeanor.
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…
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.
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 limited to, the: Oregon computerized criminal history system; Oregon mental health d…
The people of this state find that: 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 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…
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. Notwithstanding ORS 166.412 (5), the department is not required to…
As used in this section: “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 …
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. Prior to transferring a firearm at a gun show, a transferor who is not a gun dealer shall by telephone v…
A transferor who is not a gun dealer may not transfer a firearm at a gun show unless the transferor: Verifies with the department that the recipient has a valid permit-to-purchase issued under ORS 166.505; Requests a criminal background check under ORS 166.436 prior to completing the transfer; Receives a unique approval number from the department indicati…
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. The departm…
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. 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 firearm is presumptive evidence that the possessor has altered, removed or oblitera…
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. 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.
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: Is under 18 years of age; Has been convicted…
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 i…
As used in this section, unless the context requires otherwise: “Contiguous state” means California, Idaho, Nevada or Washington. “Resident” includes an individual or a corporation or other business entity that maintains a place of business in this state. A resident of this state may purchase or otherwise obtain a rifle or shotgun in a contiguous state an…
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 rounds will promote the public health and safety of the residents of this state and …
As used in this section and ORS 166.412, 166.435, 166.436, 166.438, 166.505 and 166.508: “Criminal background check” has the same meaning given to this term in ORS 166.432 (1)(a) to (e). “Department” means the Department of State Police. “Gun dealer” means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise tran…
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.” A person is qualified to be issued a permit-to-purchase under this section if the person: Is not …
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 no decision is issued within 30 days, the person may seek review under the procedures…
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 application, and to this end the provisions of chapter 1, Oregon Laws 2023, are severable.…
EXTREME RISK PROTECTION ORDERS
As used in ORS 166.525 to 166.543: “Deadly weapon” means: Any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury; or A firearm, whether loaded or unloaded. “Family or household member” means a spouse, intimate partner, mother, father, child or sibling of the respondent, or any pers…
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 attempting to purchase or receive, a deadly weapon. An extreme risk protection order pe…
At a hearing on an extreme risk protection order requested by the respondent under ORS 166.527 (9), the court may: Examine under oath the petitioner, the respondent and any witness either party may produce, including a mental health professional selected by the respondent, or, in lieu of examination, consider sworn affidavits of the petitioner, the responde…
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 under ORS 166.535, for a hearing to terminate the order. A hearing under this section …
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 renewal of the order within 90 days before the expiration date of the order by filing …
Upon issuance of an extreme risk protection order under ORS 166.527, the court shall further order that the respondent: 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 party who may lawfully possess the deadly weapons; and Within 24 hours surrender to a law…
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 the order only after: Confirming through a criminal background check, if the deadly …
A person commits a Class A misdemeanor if: The person knowingly possesses a deadly weapon; and The person is prohibited from possessing deadly weapons pursuant to an extreme risk protection order: Issued after notice and a hearing under ORS 166.530; Confirmed by operation of law after the person failed to request a hearing under ORS 166.527 (9); or Rene…
DISCHARGING WEAPONS
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: 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. At any …
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 o…
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 Sta…
POSSESSION OF BODY ARMOR
As used in this section and ORS 166.642 and 166.643: “Body armor” means any clothing or equipment designed in whole or in part to minimize the risk of injury from a deadly weapon. “Deadly weapon” has the meaning given that term in ORS 161.015. “Misdemeanor involving violence” has the meaning given that term in ORS 166.470.
A person commits the crime of felon in possession of body armor if the person: Has been convicted of a felony or misdemeanor involving violence under the law of any state or the United States; and Knowingly is in possession or control of body armor. Felon in possession of body armor is a Class C felony. For purposes of subsection (1) of this section, a p…
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: Wears body armor; and Possesses a deadly weapon. Unlawful possession of body armor is a Class B felony. MISCELLANEOUS
Hunting in cemeteries is prohibited. As used in subsection (1) of this section “hunting” has the meaning for that term provided in ORS 496.004. Violation of subsection (1) of this section is a misdemeanor.
A person commits the crime of throwing an object off an overpass in the second degree if the person: With criminal negligence throws an object off an overpass; and Knows, or reasonably should have known, that the object was of a type or size to cause damage to any person or vehicle that the object might hit. Throwing an object off an overpass in the secon…
A person commits the crime of throwing an object off an overpass in the first degree if the person: Recklessly throws an object off an overpass; and Knows, or reasonably should have known, that the object was of a type or size to cause damage to any person or vehicle that the object might hit. Throwing an object off an overpass in the first degree is a Cl…
A person commits the crime of unlawful paramilitary activity if the person: Exhibits, displays or demonstrates to another person the use, application or making of any firearm, explosive or incendiary device or any technique capable of causing injury or death to persons and intends or knows that such firearm, explosive or incendiary device or technique will …
A person may not cast from a motor vehicle an artificial light while there is in the possession or in the immediate physical presence of the person a bow and arrow or a firearm. Subsection (1) of this section does not apply to a person casting an artificial light: From the headlights of a motor vehicle that is being operated on a road in the usual manner. …
RACKETEERING
As used in ORS 166.715 to 166.735, unless the context requires otherwise: “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other…
It is unlawful for any person who has knowingly received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to…
Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of ORS 166.720 (1) to (4) by issuing appropriate orders and judgments, including, but not limited to: Ordering a divestiture by the defendant of any interest in any enterprise, including real property. Imposing reasonable restrictions u…
If, pursuant to the civil enforcement provisions of ORS 166.725, an investigative agency has reason to believe that a person or other enterprise has engaged in, or is engaging in, activity in violation of ORS 166.715 to 166.735, the investigative agency may administer oaths or affirmations, subpoena witnesses or documents or other material, and collect evide…
ORS 166.715 to 166.735 may be cited as the Oregon Racketeer Influenced and Corrupt Organization Act. The provisions of ORS 166.715 to 166.735 shall be liberally construed to effectuate its remedial purposes. _______________