US Laws, Codes, Statutes & Cases

Chapter 166 — Offenses Against Public Order;

Firearms and Other Weapons; Racketeering

 

2007 EDITION

 

PUBLIC ORDER OFFENSES

 

CRIMES AND PUNISHMENTS

 

TREASON, RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES

 

166.005     Treason

 

166.015     Riot

 

166.023     Disorderly conduct in the first degree

 

166.025     Disorderly conduct in the second degree

 

166.065     Harassment

 

166.075     Abuse of venerated objects

 

166.076     Abuse of a memorial to the dead

 

166.085     Abuse of corpse in the second degree

 

166.087     Abuse of corpse in the first degree

 

166.090     Telephonic harassment

 

166.095     Misconduct with emergency telephone calls

 

166.116     Interfering with public transportation

 

INTIMIDATION

 

166.155     Intimidation in the second degree

 

166.165     Intimidation in the first degree

 

AUTHORITY TO REGULATE FIREARMS

 

166.170     State preemption

 

166.171     Authority of county to regulate discharge of firearms

 

166.172     Authority of city to regulate discharge of firearms

 

166.173     Authority of city or county to regulate possession of loaded firearms in public places

 

166.174     Authority of city, county, municipal corporation or district to regulate possession or sale of firearms

 

166.175     Authority of city to regulate purchase of used firearms

 

166.176     Exception to preemption for certain county ordinances

 

POSSESSION AND USE OF WEAPONS

 

166.180     Negligently wounding another

 

166.190     Pointing firearm at another; courts having jurisdiction over offense

 

166.210     Definitions

 

166.220     Unlawful use of weapon

 

166.240     Carrying of concealed weapons

 

166.250     Unlawful possession of firearms

 

166.260     Persons not affected by ORS 166.250

 

166.262     Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370

 

166.263     Authority of parole and probation officer to carry firearm

 

166.270     Possession of weapons by certain felons

 

166.272     Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers

 

166.274     Relief from prohibition against possessing or purchasing firearm

 

166.275     Possession of weapons by inmates of institutions

 

166.279     Forfeiture of deadly weapons

 

166.282     Sale of weapons by political subdivision; disposition of proceeds

 

166.291     Issuance of concealed handgun license; application; fees; liability

 

166.292     Procedure for issuing; form of license; duration

 

166.293     Denial or revocation of license; review

 

166.295     Renewal of license

 

166.297     Annual report regarding revocation of licenses

 

166.300     Killing another as cause for loss of right to bear arms

 

166.320     Setting springgun or setgun

 

166.330     Use of firearms with other than incombustible gun wadding

 

166.350     Unlawful possession of armor piercing ammunition

 

POSSESSION OF WEAPON OR DESTRUCTIVE DEVICE IN PUBLIC BUILDING OR COURT FACILITY

 

166.360     Definitions for ORS 166.360 to 166.380

 

166.370     Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school

 

166.373     Possession of weapon in court facility by peace officer or federal officer

 

166.380     Examination of firearm by peace officer; arrest for failure to allow examination

 

166.382     Possession of destructive device prohibited; exceptions

 

166.384     Unlawful manufacture of destructive device

 

166.385     Possession of hoax destructive device

 

SALE OR TRANSFER OF FIREARMS

 

166.410     Manufacture, importation or sale of firearms

 

166.412     Definitions; firearms transaction record; criminal record check; rules

 

166.414     Fees for conducting criminal history record checks

 

166.416     Providing false information in connection with a transfer of a firearm

 

166.418     Improperly transferring a firearm

 

166.421     Stolen firearms; determination; telephone requests

 

166.422     Enforcement of ORS 166.412

 

166.425     Unlawful purchase of firearm

 

166.427     Register of transfers of used firearms

 

166.429     Firearms used in felony

 

166.432     Definitions for ORS 166.412 and 166.433 to 166.441

 

166.433     Findings regarding transfers of firearms

 

166.434     Application of ORS 166.412 to all firearm transfers by gun dealers; fees for criminal background checks

 

166.436     Firearm transfers by persons other than gun dealers; criminal background checks authorized; liability

 

166.438     Transfer of firearms at gun shows

 

166.441     Form for transfer of firearm at gun show

 

166.445     Short title

 

166.450     Obliteration or change of identification number on firearms

 

166.460     Antique firearms excepted

 

166.470     Limitations and conditions for sales of firearms

 

166.480     Sale or gift of explosives to children

 

166.490     Purchase of firearms in certain other states

 

DISCHARGING WEAPONS

 

166.630     Discharging weapon on or across highway, ocean shore recreation area or public utility facility

 

166.635     Discharging weapon or throwing objects at trains

 

166.638     Discharging weapon across airport operational surfaces

 

POSSESSION OF BODY ARMOR

 

166.641     Definitions for ORS 166.641 to 166.643

 

166.642     Felon in possession of body armor

 

166.643     Unlawful possession of body armor

 

MISCELLANEOUS

 

166.645     Hunting in cemeteries prohibited

 

166.649     Throwing an object off an overpass in the second degree

 

166.651     Throwing an object off an overpass in the first degree

 

166.660     Unlawful paramilitary activity

 

166.663     Casting artificial light from vehicle while possessing certain weapons prohibited

 

RACKETEERING

 

166.715     Definitions for ORS 166.715 to 166.735

 

166.720     Racketeering activity unlawful; penalties

 

166.725     Remedies for violation of ORS 166.720; time limitation

 

166.730     Authority of investigative agency; compelling compliance with subpoena

 

166.735     Short title; construction

 

TREASON, RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES

 

      166.005 Treason. (1) 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.

      (2) 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.

      (3) A person convicted of treason shall be punished by imprisonment for life. [1971 c.743 §217]

 

      166.010 [Repealed by 1971 c.743 §432]

 

      166.015 Riot. (1) 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.

      (2) Riot is a Class C felony. [1971 c.743 §218]

 

      166.020 [Repealed by 1971 c.743 §432]

 

      166.023 Disorderly conduct in the first degree. (1) 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:

      (a) Concerning an alleged hazardous substance or an alleged or impending fire, explosion, catastrophe or other emergency; and

      (b) Stating that the hazardous substance, fire, explosion, catastrophe or other emergency is located in or upon a school as defined in ORS 339.315.

      (2)(a) Disorderly conduct in the first degree is a Class A misdemeanor.

      (b) Notwithstanding paragraph (a) of this subsection, disorderly conduct in the first degree is a Class C felony if the defendant has at least one prior conviction for violating subsection (1) of this section. [2005 c.631 §3]

 

      166.025 Disorderly conduct in the second degree. (1) 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:

      (a) Engages in fighting or in violent, tumultuous or threatening behavior;

      (b) Makes unreasonable noise;

      (c) Disturbs any lawful assembly of persons without lawful authority;

      (d) Obstructs vehicular or pedestrian traffic on a public way;

      (e) Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse;

      (f) Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or

      (g) Creates a hazardous or physically offensive condition by any act which the person is not licensed or privileged to do.

      (2) Disorderly conduct in the second degree is a Class B misdemeanor. [1971 c.743 §220; 1983 c.546 §5; 2001 c.104 §55; 2005 c.631 §1]

 

      166.030 [Repealed by 1971 c.743 §432]

 

      166.035 [1971 c.743 §221; repealed by 1975 c.715 §2]

 

      166.040 [Repealed by 1971 c.743 §432]

 

      166.045 [1971 c.743 §222; repealed by 1983 c.546 §3]

 

      166.050 [Repealed by 1971 c.743 §432]

 

      166.060 [Amended by 1959 c.436 §1; 1961 c.503 §1; repealed by 1971 c.743 §432]

 

      166.065 Harassment. (1) A person commits the crime of harassment if the person intentionally:

      (a) Harasses or annoys another person by:

      (A) Subjecting such other person to offensive physical contact; or

      (B) Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response;

      (b) 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 cause alarm; or

      (c) Subjects another to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person’s family, which threat reasonably would be expected to cause alarm.

      (2) A person is criminally liable for harassment if the person knowingly permits any telephone or electronic device under the person’s control to be used in violation of subsection (1) of this section.

      (3) Harassment is a Class B misdemeanor.

      (4) Notwithstanding subsection (3) of this section, harassment is a Class A misdemeanor if a person violates subsection (1) of this section by subjecting another person to offensive physical contact and the offensive physical contact consists of touching the sexual or other intimate parts of the other person. [1971 c.743 §223; 1981 c.468 §1; 1985 c.498 §1; 1987 c.806 §3; 1995 c.802 §1; 2001 c.870 §2]

 

      166.075 Abuse of venerated objects. (1) 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.

      (2) 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.

      (3) Abuse of venerated objects is a Class C misdemeanor. [1971 c.743 §224; 1995 c.261 §2]

 

      166.076 Abuse of a memorial to the dead. (1) A person commits the crime of abuse of a memorial to the dead if the person:

      (a) Intentionally destroys, mutilates, defaces, injures or removes any:

      (A) Tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead; or

      (B) Fence, railing, curb or other thing intended for the protection or for the ornamentation of any structure or thing listed in subparagraph (A) of this paragraph;

      (b) Intentionally destroys, mutilates, removes, cuts, breaks or injures any tree, shrub or plant within any structure listed in paragraph (a) of this subsection; or

      (c) Buys, sells or transports any object listed in paragraph (a) of this subsection that was stolen from a historic cemetery knowing that the object is stolen.

      (2) Abuse of a memorial to the dead is a Class A misdemeanor.

      (3)(a) Notwithstanding ORS 161.635, the maximum fine that a court may impose for abuse of a memorial to the dead is $50,000 if:

      (A) The person violates subsection (1)(a) of this section and the object destroyed, mutilated, defaced, injured or removed is or was located in a historic cemetery; or

      (B) The person violates subsection (1)(c) of this section.

      (b) In addition to any other sentence a court may impose, if a defendant is convicted of violating this section under the circumstances described in paragraph (a)(A) of this subsection, the court shall consider ordering the defendant to pay restitution. The court shall base the amount of restitution on the historical value of the object destroyed, mutilated, defaced, injured or removed.

      (4) This section does not apply to a person who is the burial right owner or that person’s representative, an heir at law of the deceased, or a person having care, custody or control of a cemetery by virtue of law, contract or other legal right, if the person is acting within the scope of the person’s legal capacity and the person’s actions have the effect of maintaining, protecting or improving the tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead.

      (5) As used in this section, “historic cemetery” means a cemetery that is listed with the Oregon Commission on Historic Cemeteries under ORS 97.782. [1995 c.261 §1; 1999 c.731 §12; 2003 c.291 §1; 2005 c.22 §113]

 

      Note: 166.076 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 for further explanation.

 

      166.085 Abuse of corpse in the second degree. (1) A person commits the crime of abuse of corpse in the second degree if, except as otherwise authorized by law, the person intentionally:

      (a) Abuses a corpse; or

      (b) Disinters, removes or carries away a corpse.

      (2) Abuse of corpse in the second degree is a Class C felony.

      (3) As used in this section and ORS 166.087, “abuse of corpse” includes treatment of a corpse by any person in a manner not recognized by generally accepted standards of the community or treatment by a professional person in a manner not generally accepted as suitable practice by other members of the profession, as may be defined by rules applicable to the profession. [1971 c.743 §225; 1985 c.207 §2; 1993 c.294 §1]

 

      166.087 Abuse of corpse in the first degree. (1) A person commits the crime of abuse of corpse in the first degree if the person:

      (a) Engages in sexual activity with a corpse or involving a corpse; or

      (b) Dismembers, mutilates, cuts or strikes a corpse.

      (2) Abuse of corpse in the first degree is a Class B felony. [1993 c.294 §2]

 

      Note: 166.087 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 for further explanation.

 

      166.090 Telephonic harassment. (1) A telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person:

      (a) By causing the telephone of the other person to ring, such caller having no communicative purpose;

      (b) By causing such other person’s telephone to ring, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone; or

      (c) By sending to, or leaving at, the other person’s telephone a text message, voice mail or any other message, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone.

      (2) Telephonic harassment is a Class B misdemeanor.

      (3) It is an affirmative defense to a charge of violating subsection (1) of this section that the caller is a debt collector, as defined in ORS 646.639, who engaged in the conduct proscribed by subsection (1) of this section while attempting to collect a debt. The affirmative defense created by this subsection does not apply if the debt collector committed the unlawful collection practice described in ORS 646.639 (2)(a) while engaged in the conduct proscribed by subsection (1) of this section. [1987 c.806 §2; 1999 c.115 §1; 2005 c.752 §1]

 

      166.095 Misconduct with emergency telephone calls. (1) A person commits the crime of misconduct with emergency telephone calls if the person:

      (a) Intentionally refuses to relinquish immediately a party line or public pay telephone after being informed that it is needed for an emergency call; or

      (b) Requests another to relinquish a party line or public pay telephone to place an emergency call with knowledge that no such emergency exists.

      (2) As used in this section:

      (a) “Emergency call” means a telephone call to a police or fire department, or for medical aid or ambulance service, necessitated by a situation in which human life or property is in jeopardy and prompt summoning of aid is essential.

      (b) “Party line” means a subscriber’s line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.

      (3) Every telephone directory that is distributed to members of the general public in this state shall contain in a prominent place a notice of the offense punishable by this section.

      (4) Misconduct with emergency telephone calls is a Class B misdemeanor. [1971 c.743 §288; 2005 c.22 §114]

 

      166.110 [Amended by 1961 c.503 §2; repealed by 1971 c.743 §432]

 

      166.115 [1981 c.783 §3; repealed by 2001 c.851 §2 (166.116 enacted in lieu of 166.115)]

 

      166.116 Interfering with public transportation. (1) A person commits the crime of interfering with public transportation if the person:

      (a) Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station;

      (b) Intentionally or knowingly interferes with the provision or use of public transportation services by, among other things, interfering with the movement of, or access to, public transit vehicles;

      (c) While in or on a public transit vehicle or public transit station, engages in disorderly conduct in the second degree as defined in ORS 166.025; or

      (d) Subjects a public transportation passenger, employee, agent or security officer or transit police officer to offensive physical contact.

      (2) Interfering with public transportation is a Class A misdemeanor.

      (3) As used in this section:

      (a) “Enter or remain unlawfully” has the meaning given that term in ORS 164.205.

      (b) “Public transit station” includes all facilities, structures, lands and rights of way that are owned, leased, held or used for the purposes of providing public transportation services.

      (c) “Public transit vehicle” means a vehicle that is used for public transportation or operated by or under contract to any public body in order to provide public transportation.

      (d) “Public transportation” means transportation provided by a city, county, special district or any other political subdivision or municipal or public corporation. [2001 c.851 §3 (enacted in lieu of 166.115); 2005 c.631 §4]

 

      166.120 [Repealed by 1971 c.743 §432]

 

      166.130 [Repealed by 1971 c.743 §432]

 

      166.140 [Repealed by 1971 c.743 §432]

 

      166.150 [Repealed by 1971 c.743 §432]

 

INTIMIDATION

 

      166.155 Intimidation in the second degree. (1) A person commits the crime of intimidation in the second degree if the person:

      (a) 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 because of the person’s perception of the other’s race, color, religion, national origin or sexual orientation;

      (b) Intentionally subjects another to offensive physical contact because of the person’s perception of the other’s race, color, religion, national origin or sexual orientation; or

      (c) Intentionally, because of the person’s perception of race, color, religion, national origin or sexual orientation of another or of a member of the other’s family, subjects such other person to alarm by threatening:

      (A) To inflict serious physical injury upon or to commit a felony affecting such other person, or a member of the person’s family; or

      (B) To cause substantial damage to the property of the other person or of a member of the other person’s family.

      (2) Intimidation in the second degree is a Class A misdemeanor.

      (3) For purposes of this section:

      (a) “Property” means any tangible personal property or real property.

      (b) “Sexual orientation” means heterosexuality, homosexuality or bisexuality. [1981 c.785 §1; 1983 c.521 §1; 1989 c.1029 §1]

 

      Note: The amendments to 166.155 by section 18, chapter 100, Oregon Laws 2007, are the subject of a referendum petition that may be filed with the Secretary of State not later than September 26, 2007. If the referendum petition is filed with the required number of signatures of electors, chapter 100, Oregon Laws 2007, will be submitted to the people for their approval or rejection at the regular general election held on November 4, 2008. If approved by the people at the general election, chapter 100, Oregon Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed with the Secretary of State or does not contain the required number of signatures of electors, the amendments to 166.155 by section 18, chapter 100, Oregon Laws 2007, take effect January 1, 2008. 166.155, as amended by section 18, chapter 100, Oregon Laws 2007, is set forth for the user’s convenience.

      166.155. (1) A person commits the crime of intimidation in the second degree if the person:

      (a) 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 because of the person’s perception of the other’s race, color, religion, sexual orientation or national origin;

      (b) Intentionally subjects another to offensive physical contact because of the person’s perception of the other’s race, color, religion, sexual orientation or national origin; or

      (c) Intentionally, because of the person’s perception of race, color, religion, sexual orientation or national origin of another or of a member of the other’s family, subjects the other person to alarm by threatening:

      (A) To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the person’s family; or

      (B) To cause substantial damage to the property of the other person or of a member of the other person’s family.

      (2) Intimidation in the second degree is a Class A misdemeanor.

      (3) For purposes of this section, “property” means any tangible personal property or real property.

 

      166.160 [Repealed by 1971 c.743 §432]

 

      166.165 Intimidation in the first degree. (1) Two or more persons acting together commit the crime of intimidation in the first degree, if the persons:

      (a)(A) Intentionally, knowingly or recklessly cause physical injury to another person because of the actors’ perception of that person’s race, color, religion, national origin or sexual orientation; or

      (B) With criminal negligence cause physical injury to another person by means of a deadly weapon because of the actors’ perception of that person’s race, color, religion, national origin or sexual orientation;

      (b) Intentionally, because of the actors’ perception of another person’s race, color, religion, national origin or sexual orientation, place another person in fear of imminent serious physical injury; or

      (c) Commit such acts as would constitute the crime of intimidation in the second degree, if undertaken by one person acting alone.

      (2) Intimidation in the first degree is a Class C felony.

      (3) “Sexual orientation” has the meaning given that term in ORS 166.155. [1981 c.785 §2; 1983 c.521 §2; 1989 c.1029 §2; 1993 c.332 §1; 1995 c.79 §53; 1997 c.249 §50]

 

      Note: The amendments to 166.165 by section 19, chapter 100, Oregon Laws 2007, are the subject of a referendum petition that may be filed with the Secretary of State not later than September 26, 2007. If the referendum petition is filed with the required number of signatures of electors, chapter 100, Oregon Laws 2007, will be submitted to the people for their approval or rejection at the regular general election held on November 4, 2008. If approved by the people at the general election, chapter 100, Oregon Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed with the Secretary of State or does not contain the required number of signatures of electors, the amendments to 166.165 by section 19, chapter 100, Oregon Laws 2007, take effect January 1, 2008. 166.165, as amended by section 19, chapter 100, Oregon Laws 2007, is set forth for the user’s convenience.

      166.165. (1) Two or more persons acting together commit the crime of intimidation in the first degree, if the persons:

      (a)(A) Intentionally, knowingly or recklessly cause physical injury to another person because of the actors’ perception of that person’s race, color, religion, sexual orientation or national origin; or

      (B) With criminal negligence cause physical injury to another person by means of a deadly weapon because of the actors’ perception of that person’s race, color, religion, sexual orientation or national origin;

      (b) Intentionally, because of the actors’ perception of another person’s race, color, religion, sexual orientation or national origin, place another person in fear of imminent serious physical injury; or

      (c) Commit such acts as would constitute the crime of intimidation in the second degree, if undertaken by one person acting alone.

      (2) Intimidation in the first degree is a Class C felony.

 

AUTHORITY TO REGULATE FIREARMS

 

      166.170 State preemption. (1) 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.

      (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]

 

      166.171 Authority of county to regulate discharge of firearms. (1) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries.

      (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

      (a) A person discharging a firearm in the lawful defense of person or property.

      (b) A person discharging a firearm in the course of lawful hunting.

      (c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger adjacent persons or property.

      (d) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

      (e) A person discharging a firearm in the course of target shooting on public land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property. [1995 s.s. c.1 §2]

 

      166.172 Authority of city to regulate discharge of firearms. (1) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city’s boundaries.

      (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

      (a) A person discharging a firearm in the lawful defense of person or property.

      (b) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting. [1995 s.s. c.1 §3]

 

      166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) 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.

      (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

      (a) A law enforcement officer in the performance of official duty.

      (b) A member of the military in the performance of official duty.

      (c) A person licensed to c