II. Firearms Laws
C. State Laws
1. Concealed Carry Laws
g. Oregon CCW Information
3. Statutes
OCR'ed by Leroy Pluard
Multnomah County
BOB SKIPPER
Sheriffs Office SHERIFF
12240 N.E. GLISAN ST., PORTLAND, OREGON 97230 (503)255-3600
TO: CONCEALED WEAPON LICENSE APPLICANTS
SUBJECT: OREGON REVISED STATUTES THAT APPLY TO THE USE OF FIREARMS
The below listed Oregon Revised Statutes were selected from the
Criminal Code of Oregon. They are provided so that they may give
the concealed weapon permit applicant more knowledge of the law
as it relates to the possession and use of firearms, and the use
of force. It is important to keep in mind that these selected
statutes do not encompass all of Oregons, laws relating to
firearms and their use. Also, incorporated cities may have
ordinances that further regulate possession and use of firearms.
161.209 - Use of Physical Force in Defense of a Person.
Except as provided in ORS 161.215 and 161.219, a person is
justified in using physical force upon another person for self
defense, or to defend a third person from what the person
reasonably believes to be the use or imminent use of unlawful
physical force, and the person may use a degree of force which
the person reasonably believes to be necessary for the purpose.
161.215 - Limitations on Use of Physical Force in Defense of a Person.
Notwithstanding ORS 161.209, a person is not justified in using
physical force upon another person if:
(1) With intent to cause physical injury or death to another
person, the person provokes the use of unlawful physical force
by that person; or
(2) The person is the initial aggressor, except that the use
of physical force upon another person under such circumstances is
justifiable if the person withdraws from the encounter, and
effectively communicates to the other person the intent to do so,
but the latter nevertheless continues or threatens to continue
the use of unlawful physical force; or
(3) The physical force involved is the product of a combat by
agreement not specifically authorized by law.
161.219 - Limitations on Use of Deadly Physical Force in
Defense of a Person.
Notwithstanding the provisions of ORS 161.209, a person is not
justified in using deadly physical force upon another person
unless the person reasonably believes that the other person is:
(1) Committing or attempting to commit a felony involving the
use or threatened imminent use of physical force against a person; or
(2) Committing or attempting to commit a burglary in a
dwelling; or
(3) Using or about to use unlawful deadly physical force
against a person.
161.225 Use of Physical Force in Defense of Premises.
(1) A person in lawful possession or control of premises
is justified in using physical force upon another person when
and to the extent that the person reasonably believes it necessary
to prevent or terminate what the person reasonably believes to
be the commission or attempted commission of a criminal trespass
by the other person in or upon the premises.
(2) A person may use deadly physical force under the
circumstances set forth in subsection (1) of this section
only:
(a) In defense of a person as provided in ORS 161.219; or
(b) When the person reasonably believes it necessary to
prevent the commission of arson or a felony by force and
violence by the trespasser.
(3) As used in subsection (1) and paragraph (a) of subsection
(2) of this section, "premises" includes any building as
defined in ORS 164.205 and any real property. As used in
paragraph (b) of subsection (2) of this section, "premises"
includes any building.
161.229 Use of Physical Force in Defense of Property.
A person is justified in using physical force, other than deadly
physical force, upon another person when and to the extent that
the person reasonably believes it to be necessary to prevent or
terminate the commission or attempted commission by the other
person of theft or criminal mischief of property.
161.255 - Use of Physical Force by Private Person Making Citizen's Arrest.
(1) Except as provided in subsection (2) of this section,
a private person acting on the person's own account is justified
in using physical force upon another person when and to the
extent that the person reasonably believes it necessary to make
an arrest or to prevent the escape from custody of an arrested
person whom the person has arrested under ORS 133.225.
(2) A private person acting under the circumstances prescribed
in subsection (1) of this section is justified in using deadly
physical force only when the person reasonably believes it
necessary for self defense or to defend a third person from
what the person reasonably believes to be the use or imminent
use of deadly physical force.
166.180 - Negligently Wounding Another.
Any person who, as a result of failure to use ordinary care
under the circumstances, wounds any other person with a bullet
or shot from any firearm, or with an arrow from any bow, shall
be punished by imprisonment in the County jail for a period not
to exceed six months, or by a fine not to exceed $500, or both.
In addition, any person so convicted shall forfeit any license
to hunt, obtained under the laws of this State, and shall be
ineligible to obtain a license to hunt for a period of ten
years following the date of his conviction.
166.190 - Pointing Firearm at Another; Courts Having
Jurisdiction Over Offense.
Any person over the age of 12 years who, with or without
malice, purposely points or aims any loaded or empty pistol,
gun, revolver or other firearm, at or toward any other person
within range of the firearm, except in self-defense, shall be
fined upon conviction in any sum not less than $10 nor more
than $500, or be imprisoned in the County jail not less than
10 days nor more than six months, or both. Justices of the
peace and district courts have jurisdiction concurrent with
the circuit court of the trial of violations of this section.
When any person is charged before a justice of the peace with
a violation of this section, the court shall, upon motion of
the district attorney, at any time before trial, act as a
committing magistrate, and if probable cause be established,
hold such person to the grand jury.
166.210 - Definitions for ORS 166.250 to 166.470. As used in ORS
166.250 to 166.270, 166.280, 166.290, and 166.410 to 166.470:
(1) "Firearm", means a weapon, by whatever name known,
which is designed to expel a projectile by the action of
black powder or smokeless powder, and which is readily
capable of use as a weapon.
(2) "Pistol", "Revolver", and "Firearms capable of being
concealed upon the person", apply to and include all firearms
having a barrel less than 12 inches in length.
(3) "Machine gun" means a wea on of any description by
whatever name known, loaded or unloaded, from which two or more
shots may be fired by a single pressure on the trigger device.
166.220 - Attempting to Use Unlawfully Dangerous Weapon; Carrying
Dangerous Weapon With Intent to Use It Unlawfully.
Any person who attempts to use unlawfully against another, or who
carries or possesses with intent to use unlawfully against another,
any dangerous or deadly weapon as defined in ORS 161.015, commits
a Class C felony.
166.240 - Carrying of Concealed Weapons.
(1) Except as provided in ORS 166.260, 166.290, and
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 and
commonly known as a switch blade knife, any dirk, dagger, ice pick,
slung shot, metal knuckles, or any similar instrument by the use of
which injury could be inflicted upon the person or property of any
other person, commits a Class B misdemeanor.
(2) Nothing in subsection (1) of this section applies to any
peace officer as defined in ORS 133.005, whose duty it is to serve
process or make arrests. Justices of the peace have concurrent
jurisdiction to try any person charged with violating any of the
provisions of subsection (1) of this section.
166.250 Unlawful Possession of Firearms.
(1) Except as otherwise provided in this section, ORS 166.260,
166.270, 166.280, 166.290, or 166.410 to 166.470, a person commits
the crime of Unlawful Possession of a Firearm if the person knowingly:
(a) Possesses or has in possession any machine gun not
registered as required under Federal law;
(b) Carries any firearm concealed upon the person, without
having a license to carry such firearm as provided in ORS 166.290; or
(c) Carries concealed and readily accessible about the person
within any vehicle which is under the person's control or direction,
any firearm capable of being concealed upon the person, without
having a license to carry such firearm as provided in ORS
166.290.
(2) This section does not prohibit any citizen of the United
States over the age of 18 years who resides in or is temporarily
sojourning within this state, and who is not within the excepted
classes prescribed by ORS 166.270, from owning, possessing or
keeping within the person's place of residence or place of
business any pistol, revolver or other firearm capable of being
concealed upon the person, and no permit or license to purchase,
own, possess or keep any such firearm at the person' s place of
residence or place of business is required of any such citizen.
As used in this subsection, "residence" includes a recreational
vessel or recreational vehicle while used, for whatever period
of time, as residential quarters.
(3) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
(4) Unlawful possession of a firearm is a Class A misdemeanor.
166.260 Persons Not Affected by ORS 166.250. ORS 166.250 Does Not
Apply to or Affect:
(1) Sheriffs, constables, marshals, policemen, whether active
or honorably retired, or other duly appointed peace officers.
(2) Any person summoned by any such officer to assist in
making arrests or preserving the peace, while said person so
summoned is actually engaged in assisting the officer.
(3) The possession or transportation by any merchant of
unloaded firearms as merchandise.
(4) Members of the Army, Navy, Air Force, Coast Guard or
Marine Corps of the United States, or the National Guard; when on duty.
(5) Organizations which are by law authorized to purchase or
receive weapons described in ORS 166.250 from the United States,
or from this state.
(6) Duly authorized military or civil organizations while
parading, or the members thereof when going to and from the
places of meeting of their organization.
(7) A corrections officer while transporting or accompanying
an individual convicted of or arrested of an offense and confined
in a place of incarceration or detention while outside the confines
of the place of incarceration or detention.
(8) Except for persons who are otherwise prohibited from
possession a firearm under ORS 166.250 (1) (c) or ORS
166.270 does not apply to or affect:
(9) Members of any club or organization, for the purpose of
practicing shooting at targets upon the established target
ranges, whether public or private, while such members are using
any of the firearms referred to in ORS
166.250 upon such target ranges,.or while going to and from such ranges.
(10) Licensed hunters or fishermen while engaged in hunting or
fishing, or while going to or returning from a hunting or fishing
expedition.
(11) A Corrections Officer while transporting or accompanying
an individual convicted of or arrested for an offense and confined
in a place of incarceration or detention while outside the confines
of the place of incarceration or detention.
166.270 - Certain Ex-Convicts Forbidden to Possess Arms.
(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 capable of being concealed upon
the person, or any machine gun, commits the crime of ex-convict
in possession of a firearm.
(2) Any person who has been convicted of a felony under the
law of this state or any other state, or who has been convicted
of a f elony under the laws of the government of the United States,
who owns or has in the person, s possession or under the person's
custody or control any instrument or weapon having a blade that
projects or swings into position by force of a spring or by
centrifugal force and commonly known as a switch blade knife, or
any instrument or weapon commonly known as a black jack, slung
shot, sandclub, sand bag, sap glove, or metal knuckles, or who
carries a dirk, dagger or stiletto, commits the crime of Ex-Convict
in Possession of a Restricted Weapon.
(3) For the purposes of this section, a person "has been
convicted of a felony" if, at the time of conviction for an
offense, that offense was a felony under the law of the jurisdiction
in which it was committed. Provided, however, that such conviction
shall not be deemed a conviction of a felony if:
(a) At the time of the conviction, and pursuant to the law of
the jurisdiction in which the offense occurred, the offense was
made a misdemeanor by the type or manner of sentence actually imposed; or
(b) The offense was for possession of marijuana.
(4) Subsection (1) of this section shall not apply to any person
who has been convicted of only one felony under the law of this
state or any other state, or who has been convicted of only one
felony under the laws of the United States, which felony did not
involve c@iminal homicide, as defined in ORS 163.005, or the
possession or use of a firearm or switch blade knife, and who has
been discharged from imprisonment, parole or probation for said
offense for a period of 15 years prior to the date of alleged
violation of subsection (1) of this section.
(5) Ex-convict in possession of a firearm is a Class C felony.
Ex-convict in possession of a restricted weapon is a Class A misdemeanor.
166.280 - Seizure of Concealed Weapons; Destruction; Exception;
Sale by Auction.
(1) The unlawful concealed carrying upon the person or within
the vehicle of the carrier of any machine gun, pistol, revolver or
other firearm capable of being concealed upon the person, or any
firearm used during the commission of
any felony or misdemeanor is a nuisance. Any such weapons taken
from the person or vehicle of any person unlawfully carrying the
same are nuisances, and shall be surrendered to the magistrate
before whom the person is taken, except that in any city, county,
town or other municipal corporations the weapons shall be
surrendered to the head of the police force or police department.
(2) The officers to whom the weapons are surrendered, except
as provided under subsection (4) of this section, or upon the
certificate of a judge of a court of record or of the District
Attorney of the county that their preservation is necessary or
proper to the ends of justice, shall have the authority and be
responsible, subject to applicable laws, for selling such weapons
or shall destroy the weapons to such extent that they are wholly
and entirely ineffective and useless for the purpose for which
they were manufactured.
(3) Upon the certificate of a judge or of the District Attorney
that the ends of justice will be subserved thereby, such weapon
shall be preserved until the necessity for its use ceases, at
which time, except as provided under subsection (4) of this section,
the court shall order that the weapons be delivered to the officials
having responsibility under applicable laws and subsection (2) of
this section for selling such weapons, or destroying the weapons
to such extent that they are wholly and entirely ineffective, and
useless for the purpose for which they were manufactured.
(4) In the event any such weapon has been stolen and is
thereafter recovered from the thief or the thief's transferee, it
shall not be destroyed but shall be restored to its lawful owner
as soon as its use as evidence has been served, upon identification
of the weapon and proof of ownership.
(5) The sale of any weapons under this section shall be by
public auction. The agency holding the weapons shall conduct the
auction annually. The agency shall publish notice of the time
and place of the auction in the principle local newspaper no less
than 20 nor more than 30 days before the date of the auction.
Written or printed notice of the auction shall also be posted in
three public places of the county where the sale is to take place,
not less than 10 days successively. The agency shall permit public
inspection of the weapons to be auctioned. Items shall be sold
individually unless there is no interested bidder, in which case
they may be sold in lots.
166.300 Killing Another 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,
shall be punished upon conviction by a fine of not more than
$500, or by imprisonment in the county jail not to exceed one year, or both.
(2) Subsection (1) of this section does not deprive the
people of this state of the right to bear arms for the defense
of themselves and the state, and does not apply to any peace
officer in the discharge of official duties or to a member of
any regularly constituted military organization while on duty
with such military organization.
(3) Justices of the peace, district courts, county courts,
and all other courts having jurisdiction as justices of the peace,
shall have concurrent jurisdiction with the circuit courts of all
prosecutions under subsection (1) of this section.
166.360 - Definitions for ORS 166.360 to 166.380. As Used in ORS
166.360 to 166.380, Unless the Context Requires otherwise:
(1) "Capitol building" means the Capitol, the Supreme Court
Building, the State Off ice Building" the State Library Building,
the Labor and Industries Building, the State Highway Building, the
Agriculture Building, or the Public Service Building and includes
any new buildings which may be constructed on the same grounds as
an addition to the group of buildings listed in this subsection.
(2) "Destructive device" means:
(a) A projectile containing an explosive or incendiary material
or any other chemical substance; or
(b) A bomb, grenade, missile or similar device or any launching
device therefor.
(3) "Loaded firearm" means:
(a) A breech-loading firearm in which there is an unexpended
cartridge or shell in or attached to the firearm including, but not
limited to, in a chamber, magazine or clip which is attached to
the firearm.
(b) A muzzle-loading firearm which is capped or primed and has
a powder charge and ball, shot or projectile in the barrel or cylinder.
4. "Public building" means a hospital, capitol building, a
public or private school, college or university, a county courthouse,
a city hall, or the residence of any state official elected by
the state at large, and the grounds adjacent to each such building.
The term also includes that portion of any other building occupied
by an agency of the state or a municipal corporation, as defined
in ORS 297.405..
166.370 - Possession of Destructive Device or Firearm in Public
Building; Exceptions.
(1) Any person who possesses a destructive device or loaded or
unloaded firearm, on the person in or on a public building, shall
be punished upon conviction by a fine of not more than $500 or by
imprisonment in the county jail for not more than one year, or both.
(2) Subsection (1) of this section does not apply to:
(a) A sheriff, policeman, or other duly appointed peace officers
or a Corrections Officer while acting within the scope of employment.
(b) A person summoned by a peace officer to assist in making an
arrest or preserving the peace, while the summoned person is engaged
in assisting the officer.
(c) A member of the military forces of this state or the United
States, when engaged in the performance of duty.
(d) A person who is licensed under ORS 166.290 to carry a
concealed weapon.
(e) A person who is authorized by the officer or agency that
controls the public building to possess a firearm in that public building.
166.380 Examination of Device or Firearm by Peace Officer; Arrest
For Failure to Allow Examination.
(1) 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) Refusal by a person to allow the examination authorized by
subsection (1) of this section constitutes reason to believe that
the person has committed a crime and the peace officer may make an
arrest pursuant to ORS 133.310.
161.535, 161.555, 161.615, and 161.635 (Classifications of
Misdemeanors and Felonies; Fines for Misdemeanors and Felonies):
Misdemeanors: Felonies:
Class A - one year, $2,500 maximum Class A - 20 years
Class B - six months, $1,000 maximum Class B - 10 years Class C
- thirty days, $500 maximum Class C - 5 years
Fines not to exceed $100,000