Oregon Chapter 166
Chapter 166 — Offenses Against Public Order; Firearms and Other Weapons; RacketeeringDownload Full 2005 Oregon Revised Statutes (coming soon!)
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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
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
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
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
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
(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 carry a concealed
handgun.
(d) A person authorized to possess a
loaded firearm while in or on a public building or court facility under ORS
166.370. [1995 s.s. c.1 §4; 1999 c.782 §8]
166.174
Authority of city, county, municipal corporation or district to regulate possession
or sale of firearms.
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. [1995 s.s. c.1 §5]
166.175
Authority of city to regulate purchase of used firearms. (1) Notwithstanding any other provision of
law, a city may continue to regulate the purchase of used firearms by pawnshops
and secondhand stores.
(2) As used in this section, “secondhand
store” means a store or business whose primary source of revenue is the sale of
used merchandise. [1995 s.s. c.1 §6]
166.176
Exception to preemption for certain county ordinances. (1) 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:
(a) Established a procedure for
regulating, restricting or prohibiting the discharge of firearms; or
(b) Regulated, restricted or prohibited
the discharge of firearms.
(2) Subsection (1) of this section does
not apply to ordinances regulating, restricting or prohibiting the discharge of
firearms on a shooting range or in a shooting gallery or other area designed
and built for the purpose of target shooting. [1997 c.403 §1]
POSSESSION
AND USE OF WEAPONS
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 10 years following the date of conviction. [Formerly
163.310]
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. Justice courts have
jurisdiction concurrent with the circuit court of the trial of violations of
this section. When any person is charged before a justice court with 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. [Formerly 163.320]
166.210
Definitions. As used in ORS
166.250 to 166.270, 166.291 to 166.295 and 166.410 to 166.470:
(1) “Antique firearm” means:
(a) Any firearm, including any firearm
with a matchlock, flintlock, percussion cap or similar type of ignition system,
manufactured in or before 1898; and
(b) Any replica of any firearm described
in paragraph (a) of this subsection if the replica:
(A) Is not designed or redesigned for
using rimfire or conventional centerfire fixed ammunition; or
(B) Uses rimfire or conventional
centerfire fixed ammunition that is no longer manufactured in the
(2) “Corrections officer” has the meaning
given that term in ORS 181.610.
(3) “Firearm” means a weapon, by whatever
name known, which is designed to expel a projectile by the action of powder and
which is readily capable of use as a weapon.
(4) “Firearms silencer” means any device
for silencing, muffling or diminishing the report of a firearm.
(5) “Handgun” means any pistol or revolver
using a fixed cartridge containing a propellant charge, primer and projectile,
and designed to be aimed or fired otherwise than from the shoulder.
(6) “Machine gun” means a weapon of any
description by whatever name known, loaded or unloaded, which is designed or
modified to allow two or more shots to be fired by a single pressure on the
trigger device.
(7) “Minor” means a person under 18 years
of age.
(8) “Offense” has the meaning given that
term in ORS 161.505.
(9) “Parole and probation officer” has the
meaning given that term in ORS 181.610.
(10) “Peace officer” has the meaning given
that term in ORS 133.005.
(11) “Short-barreled rifle” means a rifle
having one or more barrels less than 16 inches in length and any weapon made
from a rifle if the weapon has an overall length of less than 26 inches.
(12) “Short-barreled shotgun” means a
shotgun having one or more barrels less than 18 inches in length and any weapon
made from a shotgun if the weapon has an overall length of less than 26 inches.
[Amended by 1977 c.769 §1; 1979 c.779 §3; 1989 c.839 §1; 1993 c.735 §14; 1995
c.670 §3; 1999 c.1040 §2; 2001 c.666 §§32,44; 2003 c.614 §7; 2007 c.368 §1]
166.220
Unlawful use of weapon. (1)
A person commits the crime of unlawful use of a weapon if the person:
(a) 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
(b) Intentionally discharges a firearm,
blowgun, bow and arrow, crossbow or explosive device within the city limits of
any city or within residential areas within urban growth boundaries at or in
the direction of any person, building, structure or vehicle within the range of
the weapon without having legal authority for such discharge.
(2) This section does not apply to:
(a) Police officers or military personnel
in the lawful performance of their official duties;
(b) Persons lawfully defending life or
property as provided in ORS 161.219;
(c) Persons discharging firearms,
blowguns, bows and arrows, crossbows or explosive devices upon public or
private shooting ranges, shooting galleries or other areas designated and built
for the purpose of target shooting; or
(d) Persons lawfully engaged in hunting in
compliance with rules and regulations adopted by the State Department of Fish
and Wildlife.
(3) Unlawful use of a weapon is a Class C
felony. [Amended by 1975 c.700 §1; 1985 c.543 §1; 1991 c.797 §1]
166.230 [Repealed by 1979 c.779 §7]
166.240
Carrying of concealed weapons.
(1) 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 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. Justice courts have concurrent
jurisdiction to try any person charged with violating any of the provisions of
subsection (1) of this section. [Amended by 1977 c.454 §1; 1985 c.543 §2; 1989
c.839 §21; 1999 c.1040 §15]
166.245 [1989 c.839 §38; repealed by 1995 s.s. c.1 §7]
166.250
Unlawful possession of firearms. (1) Except as otherwise provided in this section or ORS 166.260,
166.270, 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:
(a) Carries any firearm concealed upon the
person;
(b) Possesses a handgun that is concealed
and readily accessible to the person within any vehicle; or
(c) Possesses a firearm and:
(A) Is under 18 years of age;
(B)(i) While a minor, was found to be within
the jurisdiction of the juvenile court for having committed an act which, if
committed by an adult, would constitute a felony or a misdemeanor involving
violence, as defined in ORS 166.470; and
(ii) Was discharged from the jurisdiction
of the juvenile court within four years prior to being charged under this
section;
(C) Has been convicted of a felony or
found guilty, except for insanity under ORS 161.295, of a felony;
(D) Was committed to the Department of
Human Services under ORS 426.130; or
(E) Was found to be mentally ill and
subject to an order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental illness.
(2) This section does not prohibit:
(a) A minor, who is not otherwise prohibited
under subsection (1)(c) of this section, from possessing a firearm:
(A) Other than a handgun, if the firearm
was transferred to the minor by the minor’s parent or guardian or by another
person with the consent of the minor’s parent or guardian; or
(B) Temporarily for hunting, target
practice or any other lawful purpose; or
(b) 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 and
subsection (1) of this section, from owning, possessing or keeping within the
person’s place of residence or place of business any handgun, 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. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13;
1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8]
166.260
Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect:
(a) Sheriffs, constables, marshals, police
officers, whether active or honorably retired, parole and probation officers or
other duly appointed peace officers.
(b) 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.
(c) The possession or transportation by
any merchant of unloaded firearms as merchandise.
(d) Active or reserve members of the Army,
Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the
National Guard, when on duty.
(e) Organizations which are by law
authorized to purchase or receive weapons described in ORS 166.250 from the
(f) Duly authorized military or civil
organizations while parading, or the members thereof when going to and from the
places of meeting of their organization.
(g) 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.
(h) A person who is licensed under ORS 166.291
and 166.292 to carry a concealed handgun.
(2) Except for persons who are otherwise
prohibited from possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS
166.250 does not apply to or affect:
(a) 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.
(b) Licensed hunters or fishermen while
engaged in hunting or fishing, or while going to or returning from a hunting or
fishing expedition.
(3) The exceptions listed in subsection
(1)(b) to (h) of this section constitute affirmative defenses to a charge of
violating ORS 166.250. [Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1;
1995 c.670 §2; 1999 c.1040 §3]
166.262
Limitation on peace officer’s authority to arrest for violating ORS 166.250 or
166.370. A peace officer may
not arrest or charge a person for violating ORS 166.250 (1)(a) or (b) or
166.370 (1) 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. [1999 c.1040
§5]
166.263
Authority of parole and probation officer to carry firearm. When authorized by the officer’s employer, a
parole and probation officer, as defined in ORS 181.610, may carry a firearm
while engaged in official duties if the officer has completed:
(1) A firearms training program recognized
by the Board on Public Safety Standards and Training; and
(2) A psychological screening. [1995 c.670
§1]
166.270
Possession of weapons by certain felons. (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 commits the
crime of felon 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 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 instrument or weapon having a blade that projects or swings into
position by force of a spring or by centrifugal force or any blackjack,
slungshot, sandclub, sandbag, sap glove or metal knuckles, or who carries a
dirk, dagger or stiletto, commits the crime of felon 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. Such conviction shall not be deemed a conviction of a felony
if:
(a) The court declared the conviction to
be a misdemeanor at the time of judgment; or
(b) The offense was possession of
marijuana and the conviction was prior to January 1, 1972.
(4) Subsection (1) of this section does
not apply to any person who has been:
(a) 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
criminal homicide, as defined in ORS 163.005, or the possession or use of a
firearm or a weapon having a blade that projects or swings into position by
force of a spring or by centrifugal force, 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; or
(b) Granted relief from the disability
under 18 U.S.C. 925(c) or has had the person’s record expunged under the laws
of this state or equivalent laws of another jurisdiction.
(5) Felon in possession of a firearm is a
Class C felony. Felon in possession of a restricted weapon is a Class A
misdemeanor. [Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987
c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16; 2003
c.14 §64]
166.272
Unlawful possession of machine guns, certain short-barreled firearms and
firearms silencers. (1) 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.
(2) Unlawful possession of a machine gun,
short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B
felony.
(3) A peace officer may not arrest or
charge a person for violating subsection (1) of this section if the person has
in the person’s immediate possession documentation showing that the machine
gun, short-barreled rifle, short-barreled shotgun or firearms silencer is
registered as required under federal law.
(4) It is an affirmative defense to a
charge of violating subsection (1) of this section that the machine gun,
short-barreled rifle, short-barreled shotgun or firearms silencer was
registered as required under federal law. [1989 c.839 §13a; 1997 c.749 §8; 1997
c.798 §1]
166.274
Relief from prohibition against possessing or purchasing firearm. (1) A person barred from possessing a
firearm under ORS 166.250 (1)(c)(A), (B), (D) or (E) or barred from purchasing
a firearm under ORS 166.470 may file a petition for relief from the bar in:
(a) A justice court in the petitioner’s
county of residence that is reasonably accessible to the petitioner; or
(b) If no justice court is reasonably
accessible, the circuit court.
(2) A person may apply once per calendar
year for relief under the provisions of this section.
(3)(a) A person petitioning for relief
under this section shall serve a copy of the petition on:
(A) The city chief of police if the court
in which the petition is filed is located in a city; or
(B) The sheriff of the county in which the
court is located.
(b) The copy of the petition shall be
served on the chief of police or sheriff at the same time the petition is filed
at the court.
(4)(a) When a petition is denied, the
judge shall cause that information to be entered into the Department of State
Police computerized criminal history files.
(b) When a petition is granted, the judge
shall cause that information and a fingerprint card of the petitioner to be
entered into the Department of State Police computerized criminal history
files. If, after a petition is granted, the petitioner is arrested and
convicted of a crime that would disqualify the petitioner from purchasing or
possessing a firearm, the Department of State Police shall notify the court
that granted relief under this section. The court shall review the order
granting relief and determine whether to rescind the order. The Department of
State Police may charge a reasonable fee, under ORS 192.440, for the entry and
maintenance of information under this section.
(5) Notwithstanding the provisions of ORS
9.320, a corporation, the state or any city, county, district or other
political subdivision or public corporation in this state, without appearance
by attorney, may appear as a party to an action under this section.
(6) If the petitioner seeks relief from
the bar on possessing or purchasing a firearm, relief shall be granted when the
petitioner demonstrates, by clear and convincing evidence, that the petitioner
does not pose a threat to the safety of the public or the petitioner.
(7) A person barred from possessing or
purchasing a firearm because the person, while a minor, was found to be within
the jurisdiction of the juvenile court for committing an act which, if
committed by an adult, would have constituted a felony or a misdemeanor
involving violence, is not eligible to petition for relief under this section
until more than four years have passed since the person was discharged from the
jurisdiction of the juvenile court.
(8) Petitions filed under this section
shall be heard and disposed of within 15 judicial days of filing or as soon as
is practicable thereafter, but not more than 30 days thereafter. The judge
shall then make findings and conclusions and issue a judgment based on the
findings and conclusions in accordance with the requirements of law.
(9) Filing fees shall be as for any civil
action filed in the court.
(10)(a) Initial appeals of petitions shall
be heard de novo.
(b) Any party to a judgment under this
subsection may appeal to the Court of Appeals in the same manner as for any
other civil action.
(c) If the governmental entity files an
appeal under this subsection and does not prevail, it shall be ordered to pay
the attorney fees for the prevailing party. [1989 c.839 §11; 1991 c.67 §37;
1993 c.732 §§3,4; 1995 c.518 §2; 1995 c.658 §88]
Note: Section 15 (22), chapter 860, Oregon Laws
2007, provides:
Sec.
15. (22) In addition to the
fee provided for in ORS 166.274, for the period commencing September 1, 2007,
and ending June 30, 2009, the clerk of the court shall collect a surcharge of
$5 for the filing of a petition for relief under ORS 166.274. [2007 c.860 §15(22)]
166.275
Possession of weapons by inmates of institutions. 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, explosive substance, dirk, dagger, sharp instrument, pistol, revolver
or other firearm without lawful authority, is guilty of a felony and upon
conviction thereof shall be punished by imprisonment in the custody of the
Department of Corrections for a term not more than 20 years. [1953 c.533 §1;
1987 c.320 §88]
166.279
Forfeiture of deadly weapons.
(1) 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.
(2) Except as provided in subsection (3)
of this section, at the time of sentencing for any criminal offense in which a
firearm or other deadly weapon was possessed, used or available for use to
facilitate the offense, the court shall declare the weapon to be contraband and
order that the weapon be forfeited.
(3) If a firearm or other deadly weapon
that was possessed, used or available for use to facilitate a criminal offense
was stolen from its lawful owner and was recovered from a person other than the
lawful owner, the court may not order that the weapon be forfeited but shall
order that the weapon be restored to the lawful owner as soon as the weapon is
no longer needed for evidentiary purposes.
(4) The court shall release a firearm or
other deadly weapon forfeited under subsection (2) of this section to the law
enforcement agency that seized the weapon. The law enforcement agency may
destroy or sell the weapon, use the weapon as a service weapon or use the
weapon for training, identification or demonstration purposes. When a weapon is
sold pursuant to this subsection, the law enforcement agency shall pay the
proceeds from the sale, less the costs of the sale, as provided in ORS 131.594
and 131.597.
(5) As used in this section, “deadly
weapon” has the meaning given that term in ORS 161.015. [2003 c.614 §4; 2005
c.830 §24]
166.280 [Amended by 1981 c.767 §1; 1993 c.625 §2;
1997 c.480 §5; 1997 c.693 §2; repealed by 2001 c.666 §56]
166.281 [2001 c.666 §52; repealed by 2003 c.614 §13]
166.282
(2) Subsection (1) of this section applies
to a weapon that is donated to the police agency. [1997 c.693 §1; 2001 c.666 §§25,37;
2003 c.614 §5]
166.290 [Amended by 1973 c.391 §1; repealed by 1989
c.839 §7 (166.291 to 166.293 enacted in lieu of 166.290)]
166.291
Issuance of concealed handgun license; application; fees; liability. (1) The sheriff of a county, upon a person’s
application for an Oregon concealed handgun license, upon receipt of the
appropriate fees and after compliance with the procedures set out in this
section, shall issue the person a concealed handgun license if the person:
(a)(A) Is a citizen of the
(B) Is a legal resident alien who can
document continuous residency in the county for at least six months and has
declared in writing to the United States Citizenship and Immigration Services
the intent to acquire citizenship status and can present proof of the written
declaration to the sheriff at the time of application for the license;
(b) Is at least 21 years of age;
(c) Is a resident of the county;
(d) Has no outstanding warrants for
arrest;
(e) Is not free on any form of pretrial
release;
(f) Demonstrates competence with a handgun
by any one of the following:
(A) Completion of any hunter education or
hunter safety course approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component of the
course;
(B) Completion of any National Rifle
Association firearms safety or training course if handgun safety was a
component of the course;
(C) Completion of any firearms safety or
training course or class available to the general public offered by law
enforcement, community college, or private or public institution or
organization or firearms training school utilizing instructors certified by the
National Rifle Association or a law enforcement agency if handgun safety was a
component of the course;
(D) Completion of any law enforcement
firearms safety or training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law enforcement
officers if handgun safety was a component of the course;
(E) Presents evidence of equivalent
experience with a handgun through participation in organized shooting
competition or military service;
(F) Is licensed or has been licensed to
carry a firearm in this state, unless the license has been revoked; or
(G) Completion of any firearms training or
safety course or class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun safety was a
component of the course;
(g) Has never been convicted of a felony
or found guilty, except for insanity under ORS 161.295, of a felony;
(h) Has not been convicted of a
misdemeanor or found guilty, except for insanity under ORS 161.295, of a
misdemeanor within the four years prior to the application;
(i) Has not been committed to the
Department of Human Services under ORS 426.130;
(j) Has not been found to be mentally ill
and is not subject to an order under ORS 426.130 that the person be prohibited
from purchasing or possessing a firearm as a result of that mental illness;
(k) Has been discharged from the
jurisdiction of the juvenile court for more than four years if, while a minor,
the person was found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would constitute a
felony or a misdemeanor involving violence, as defined in ORS 166.470;
(L) Has not been convicted of an offense
involving controlled substances or participated in a court-supervised drug
diversion program, except this disability does not operate to exclude a person
if:
(A) The person has been convicted only
once of violating ORS 475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
(B) The person has completed a
court-supervised drug diversion program under ORS 135.907 and has not been
convicted of violating ORS 475.864 (3);
(m) Is not subject to a citation issued
under ORS 163.735 or an order issued under ORS 30.866, 107.700 to 107.735 or
163.738;
(n) Has not received a dishonorable
discharge from the Armed Forces of the
(o) Is not required to register as a sex
offender in any state.
(2) A person who has been granted relief
under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or has had the person’s record
expunged under the laws of this state or equivalent laws of other jurisdictions
is not subject to the disabilities in subsection (1)(g) to (L) of this section.
(3) Before the sheriff may issue a
license:
(a) The application must state the
applicant’s legal name, current address and telephone number, date and place of
birth, hair and eye color and height and weight. The application must also list
the applicant’s residence address or addresses for the previous three years.
The application must contain a statement by the applicant that the applicant
meets the requirements of subsection (1) of this section. The application may
include the Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed by the
applicant.
(b) The applicant must submit to
fingerprinting and photographing by the sheriff. The sheriff shall fingerprint
and photograph the applicant and shall conduct any investigation necessary to
corroborate the requirements listed under subsection (1) of this section. If a
nationwide criminal records check is necessary, the sheriff shall request the
Department of State Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The Federal Bureau
of Investigation shall return the fingerprint cards used to conduct the
criminal records check and may not keep any record of the fingerprints. The
Department of State Police shall report the results of the fingerprint-based
criminal records check to the sheriff. The Department of State Police shall
also furnish the sheriff with any information about the applicant that the
Department of State Police may have in its possession from its central bureau
of criminal identification including, but not limited to, manual or
computerized criminal offender information.
(4) Application forms for concealed
handgun licenses shall be supplied by the sheriff upon request. The forms shall
be uniform throughout the state in substantially the following form:
______________________________________________________________________________
APPLICATION FOR LICENSE TO CARRY CONCEALED
HANDGUN
Date________
I hereby declare as follows:
I am a citizen of the United States or a
legal resident alien who can document continuous residency in the county for at
least six months and have declared in writing to the United States Citizenship
and Immigration Services my intention to become a citizen and can present proof
of the written declaration to the sheriff at the time of this application. I am
at least 21 years of age. I have been discharged from the jurisdiction of the
juvenile court for more than four years if, while a minor, I was found to be
within the jurisdiction of the juvenile court for having committed an act that,
if committed by an adult, would constitute a felony or a misdemeanor involving
violence, as defined in ORS 166.470. I have never been convicted of a felony or
found guilty, except for insanity under ORS 161.295, of a felony in the State
of
Legal name ____________
Age ______
Date of birth ________
Place of
birth ____________
Social
Security number ___________
(Disclosure
of your Social Security account number is voluntary. Solicitation of the number
is authorized under ORS 166.291. It will be used only as a means of
identification.)
Proof of
identification (Two pieces of current identification are required, one of which
must bear a photograph of the applicant. The type of identification and the
number on the identification are to be filled in by the sheriff.):
1.____________
2.____________
Height _____
Weight _____
Hair color _____
Eye color _____
Current address
________
(List residence addresses for the
past three years on the back.)
Phone _____
I have read
the entire text of this application, and the statements therein are correct and
true. (Making false statements on this application is a misdemeanor.)
_______________
(Signature of Applicant)
Character
references.
___________________________
Name Address
___________________________
Name Address
Approved ___
Disapproved ___ by ___
Competence
with handgun demonstrated
by _____ (to
be filled in by sheriff)
Date _____ Fee
Paid _____
License No. _____
______________________________________________________________________________
(5)(a) Fees for concealed handgun licenses
are:
(A) $15 to the Department of State Police
for conducting the fingerprint check of the applicant.
(B) $50 to the sheriff for the issuance or
renewal of a concealed handgun license.
(C) $15 to the sheriff for the duplication
of a license because of loss or change of address.
(b) The sheriff may enter into an
agreement with the Department of Transportation to produce the concealed
handgun license.
(6) No civil or criminal liability shall
attach to the sheriff or any authorized representative engaged in the receipt
and review of, or an investigation connected with, any application for, or in
the issuance, denial or revocation of, any license under ORS 166.291 to 166.295
as a result of the lawful performance of duties under those sections.
(7) Immediately upon acceptance of an
application for a concealed handgun license, the sheriff shall enter the
applicant’s name into the Law Enforcement Data System indicating that the
person is an applicant for a concealed handgun license or is a license holder.
(8) The county sheriff may waive the
residency requirement in subsection (1)(c) of this section for a resident of a
contiguous state who has a compelling business interest or other legitimate
demonstrated need.
(9) For purposes of subsection (1)(c) of
this section, a person is a resident of a county if the person:
(a) Has a current
(b) Is registered to vote in the county
and has a memorandum card issued to the person under ORS 247.181 showing a
residence address in the county;
(c) Has documentation showing that the
person currently leases or owns real property in the county; or
(d) Has documentation showing that the
person filed an
166.292
Procedure for issuing; form of license; duration. (1) If the application for the license is
approved, the sheriff shall issue and mail or otherwise deliver to the
applicant at the address shown on the application, within 45 days of the
application, a wallet sized license bearing the photograph of the licensee. The
license must be signed by the licensee and carried whenever the licensee
carries a concealed handgun.
(2) Failure of a person who carries a
concealed handgun also to carry a concealed handgun license is prima facie
evidence that the person does not have such a license.
(3) Licenses for concealed handguns shall
be uniform throughout the state in substantially the following form:
______________________________________________________________________________
LICENSE
Expires ________ Date
of birth ______
Height ________ Weight
________
Name _________ Address
_________
Licensee’s City _____ Zip ___
Photograph
Signature _______________
Issued by _______________
Date of issue _______________
______________________________________________________________________________
(4) An
(5) The sheriff shall keep a record of
each license issued under ORS 166.291 and this section, or renewed pursuant to
ORS 166.295.
(6) When a sheriff issues a concealed
handgun license under this section, the sheriff shall provide the licensee with
a list of those places where carrying concealed handguns is prohibited or
restricted by state or federal law. [1989 c.839 §9 (166.291 to 166.293 enacted
in lieu of 166.290); 1993 c.625 §5; 1993 c.693 §2; 1993 c.735 §5]
166.293
Denial or revocation of license; review. (1) If the application for the concealed handgun license is denied,
the sheriff shall set forth in writing the reasons for the denial. The denial
shall be sent to the applicant by certified mail, restricted delivery, within
45 days after the application was made. If no decision is issued within 45
days, the person may seek review under the procedures in subsection (5) of this
section.
(2) Notwithstanding ORS 166.291 (1), and
subject to review as provided in subsection (5) of this section, a sheriff may
deny a concealed handgun license if the sheriff has reasonable grounds to
believe that the applicant has been or is reasonably likely to be a danger to
self or others, or to the community at large, as a result of the applicant’s mental
or psychological state or as demonstrated by the applicant’s past pattern of
behavior involving unlawful violence or threats of unlawful violence.
(3)(a) Any act or condition that would
prevent the issuance of a concealed handgun license is cause for revoking a
concealed handgun license.
(b) A sheriff may revoke a concealed
handgun license by serving upon the licensee a notice of revocation. The notice
must contain the grounds for the revocation and must be served either
personally or by certified mail, restricted delivery. The notice and return of
service shall be included in the file of the licensee. The revocation is
effective upon the licensee’s receipt of the notice.
(4) Any peace officer or corrections
officer may seize a concealed handgun license and return it to the issuing
sheriff if the license is held by a person who has been arrested or cited for a
crime that can or would otherwise disqualify the person from being issued a
concealed handgun license. The issuing sheriff shall hold the license for 30
days. If the person is not charged with a crime within the 30 days, the sheriff
shall return the license unless the sheriff revokes the license as provided in
subsection (3) of this section.
(5) A person denied a concealed handgun
license or whose license is revoked or not renewed under ORS 166.291 to 166.295
may petition the circuit court in the petitioner’s county of residence to
review the denial, nonrenewal or revocation. The petition must be filed within
30 days after the receipt of the notice of denial or revocation.
(6) The judgment affirming or overturning
the sheriff’s decision shall be based on whether the petitioner meets the
criteria that are used for issuance of a concealed handgun license and, if the
petitioner was denied a concealed handgun license, whether the sheriff has
reasonable grounds for denial under subsection (2) of this section. Whenever
the petitioner has been previously sentenced for a crime under ORS 161.610 or
for a crime of violence for which the person could have received a sentence of
more than 10 years, the court shall grant relief only if the court finds that
relief should be granted in the interest of justice.
(7) Notwithstanding the provisions of ORS
9.320, a corporation, the state or any city, county, district or other
political subdivision or public corporation in this state, without appearance
by attorney, may appear as a party to an action under this section.
(8) Petitions filed under this section
shall be heard and disposed of within 15 judicial days of filing or as soon as
practicable thereafter.
(9) Filing fees for actions shall be as
for any civil action filed in the court. If the petitioner prevails, the amount
of the filing fee shall be paid by the respondent to the petitioner and may be
incorporated into the court order.
(10) Initial appeals of petitions shall be
heard de novo.
(11) Any party to a judgment under this
section may appeal to the Court of Appeals in the same manner as for any other
civil action.
(12) If the governmental entity files an
appeal under this section and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party. [1989 c.839 §9a (166.291 to 166.293
enacted in lieu of 166.290); 1993 c.735 §6; 1995 c.518 §3; 1995 c.658 §89; 1999
c.1052 §7; 2003 c.14 §65; 2007 c.202 §1; 2007 c.368 §3]
166.295
Renewal of license. (1)(a) A
concealed handgun license is renewable by repeating the procedures set out in
ORS 166.291 and 166.292, except for the requirement to submit fingerprints and
provide character references. A licensee may submit the application for renewal
by mail if the licensee:
(A) Is an active member of the Armed
Forces of the United States, the National Guard of the United States or the
Oregon National Guard; and
(B) Submits with the application proof of
the licensee’s military orders and a copy of the licensee’s military
identification.
(b) An otherwise expired concealed handgun
license continues to be valid for up to 45 days after the licensee applies for
renewal if:
(A) The licensee applies for renewal
before the original license expires;
(B) The licensee has proof of the
application for renewal; and
(C) The application for renewal has not
been denied.
(2) If a licensee changes residence, the
licensee shall report the change of address and the sheriff shall issue a new
license as a duplication for a change of address. The license shall expire upon
the same date as would the original. [1989 c.839 §10; 1993 c.735 §7; 2007 c.368
§4]
166.297
Annual report regarding revocation of licenses. (1) The sheriff of a county shall submit
annually to the Department of State Police a report containing the number of
concealed handgun licenses revoked during the reporting period and the reasons
for the revocations.
(2) The Department of State Police shall
compile the reports submitted under subsection (1) of this section and shall
submit the compilation to the Legislative Assembly biennially. [1993 c.735 §13]
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) Justice courts, county courts and all
other courts having jurisdiction as justice courts, shall have concurrent
jurisdiction with the circuit courts of all prosecutions under subsection (1)
of this section.
166.310 [Repealed by 1985 c.709 §4]
166.320
Setting springgun or setgun.
(1) Any person who places or sets any loaded springgun, setgun, or any gun,
firearm or other device of any kind designed for containing or firing
explosives, in any place where it may be fired, exploded or discharged by the
contact of any person or animal with any string, wire, rod, stick, spring or
other contrivance affixed to or connected with it, or with its trigger, shall
be punished upon conviction by a fine of not less than $100 nor more than $500,
or by imprisonment in the county jail for not less than 30 days nor more than
six months, or both.
(2) Subsection (1) of this section does
not apply to any loaded springgun, setgun, firearm or other device placed for
the purpose of destroying gophers, moles or other burrowing rodents, and does
not prevent the use of a coyote getter by employees of county, state or federal
governments engaged in cooperative predatory animal control work.
166.330
Use of firearms with other than incombustible gun wadding. Any person who uses in any firearms
discharged on lands within this state, not owned by the person, anything other
than incombustible gun wadding, shall be punished upon conviction by a fine of
not less than $5 nor more than $100, or by imprisonment in the county jail for
not less than two days nor more than 60 days.
166.340 [1965 c.20 §§2,3; 1969 c.351 §1; repealed by
1981 c.41 §3]
166.350
Unlawful possession of armor piercing ammunition. (1) A person commits the crime of unlawful
possession of armor piercing ammunition if the person:
(a) Makes, sells, buys or possesses any
handgun ammunition the bullet or projectile of which is coated with Teflon or
any chemical compound with properties similar to Teflon and which is intended
to penetrate soft body armor, such person having the intent that the ammunition
be used in the commission of a felony; or
(b) Carries any ammunition described in
paragraph (a) of this subsection while committing any felony during which the
person or any accomplice of the person is armed with a firearm.
(2) As used in this section, “handgun
ammunition” means ammunition principally for use in pistols or revolvers
notwithstanding that the ammunition can be used in some rifles.
(3) Unlawful possession of armor piercing
ammunition is a Class A misdemeanor. [1985 c.755 §2; 1987 c.158 §29]
POSSESSION OF
WEAPON OR DESTRUCTIVE DEVICE IN
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 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 same grounds as an addition to the group of buildings listed in this
subsection.
(2) “Court facility” means a courthouse or
that portion of any other building occupied by a circuit court, the Court of
Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel
related to the operations of those courts, or in which activities related to
the operations of those courts take place.
(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, a
capitol building, a public or private school, as defined in ORS 339.315, a
college or university, 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, other than
a court facility.
(5) “Weapon” means:
(a) A firearm;
(b) Any dirk, dagger, ice pick, slingshot,
metal knuckles or any similar instrument or a knife other than an ordinary
pocket knife, the use of which could inflict injury upon a person or property;
(c) Mace, tear gas, pepper mace or any
similar deleterious agent as defined in ORS 163.211;
(d) An electrical stun gun or any similar
instrument;
(e) A tear gas weapon as defined in ORS
163.211;
(f) A club, bat, baton, billy club,
bludgeon, knobkerrie, nunchaku, nightstick, truncheon or any similar
instrument, the use of which could inflict injury upon a person or property; or
(g) A dangerous or deadly weapon as those
terms are defined in ORS 161.015. [1969 c.705 §1; 1977 c.769 §2; 1979 c.398 §1;
1989 c.982 §4; 1993 c.741 §2; 1999 c.577 §2; 1999 c.782 §6; 2001 c.201 §1]
166.370
Possession of firearm or dangerous weapon in public building or court facility;
exceptions; discharging firearm at school. (1) 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.
(2)(a) Except as otherwise provided in
paragraph (b) of this subsection, a person who intentionally possesses:
(A) A firearm in a court facility is
guilty, upon conviction, of a Class C felony. A person who intentionally
possesses a firearm in a court facility shall surrender the firearm to a law
enforcement officer.
(B) A weapon, other than a firearm, in a
court facility may be required to surrender the weapon to a law enforcement
officer or to immediately remove it from the court facility. A person who fails
to comply with this subparagraph is guilty, upon conviction, of a Class C
felony.
(b) The presiding judge of a judicial
district may enter an order permitting the possession of specified weapons in a
court facility.
(3) Subsection (1) of this section does
not apply to:
(a) A sheriff, police officer, 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) An active or reserve member of the
military forces of this state or the
(d) A person who is licensed under ORS
166.291 and 166.292 to carry a concealed handgun.
(e) A person who is authorized by the
officer or agency that controls the public building to possess a firearm or
dangerous weapon in that public building.
(f) Possession of a firearm on school
property if the firearm:
(A) Is possessed by a person who is not
otherwise prohibited from possessing the firearm; and
(B) Is unloaded and locked in a motor
vehicle.
(4) The exceptions listed in subsection
(3)(b) to (f) of this section constitute affirmative defenses to a charge of
violating subsection (1) of this section.
(5)(a) Any person who knowingly, or with
reckless disregard for the safety of another, discharges or attempts to
discharge a firearm at a place that the person knows is a school shall upon
conviction be guilty of a Class C felony.
(b) Paragraph (a) of this subsection does
not apply to the discharge of a firearm:
(A) As part of a program approved by a
school in the school by an individual who is participating in the program; or
(B) By a law enforcement officer acting in
the officer’s official capacity.
(6) Any weapon carried in violation of
this section is subject to the forfeiture provisions of ORS 166.279.
(7) Notwithstanding the fact that a person’s
conduct in a single criminal episode constitutes a violation of both
subsections (1) and (5) of this section, the district attorney may charge the
person with only one of the offenses.
(8) As used in this section, “dangerous
weapon” means a dangerous weapon as that term is defined in ORS 161.015. [1969
c.705 §§2,4; 1977 c.207 §2; 1979 c.398 §2; 1989 c.839 §22; 1989 c.982 §5; 1991
c.67 §39; 1993 c.625 §1; 1999 c.782 §7; 1999 c.1040 §4; 2001 c.666 §§24,36;
2003 c.614 §6]
166.372 [1993 c.625 §3; repealed by 1996 c.16 §5]
166.373
Possession of weapon in court facility by peace officer or federal officer. (1) Notwithstanding ORS 166.370 (2) and
except as provided in subsection (2) of this section, a peace officer, as
defined in ORS 161.015, or a federal officer, as defined in ORS 133.005, may
possess a weapon in a court facility if the officer:
(a) Is acting in an official capacity and
is officially on duty;
(b) Is carrying a weapon that the
employing agency of the officer has authorized the officer to carry; and
(c) Is in compliance with any security
procedures established under subsections (3) and (4) of this section.
(2) A judge may prohibit a peace officer
or a federal officer from possessing a weapon in a courtroom. A notice of the
prohibition of the possession of a weapon by an officer in a courtroom must be
posted outside the entrance to the courtroom.
(3) A presiding judge of a judicial
district or the Chief Justice of the Supreme Court may establish procedures
regulating the possession of a weapon in a court facility by a peace officer or
a federal officer subject to the following:
(a) The procedures must be established
through a plan for court security improvement, emergency preparedness and
business continuity under ORS 1.177 or 1.180; and
(b) Notice of the procedures must be
posted at the entrance to the court facility, or at an entrance for peace
officers or federal officers if the entrance is separate from the entrance to
the court facility, and at a security checkpoint in the court facility.
(4) A judge may establish procedures
regulating the possession of a weapon in a courtroom by a peace officer or a
federal officer. A notice of the procedures regulating the possession of a
weapon by an officer must be posted outside the entrance to the courtroom. [2001
c.201 §3; 2005 c.804 §7]
166.380
Examination of 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. [1969 c.705 §3]
166.382
Possession of destructive device prohibited; exceptions. (1) A person commits the crime of unlawful
possession of a destructive device if the person possesses:
(a) Any of the following devices with an
explosive, incendiary or poison gas component:
(A) Bomb;
(B) Grenade;
(C) Rocket having a propellant charge of
more than four ounces;
(D) Missile having an explosive or
incendiary charge of more than one-quarter ounce; or
(E) Mine; or
(b) Any combination of parts either
designed or intended for use in converting any device into any destructive
device described in paragraph (a) of this subsection and from which a
destructive device may be readily assembled.
(2) As used in this section:
(a) “Destructive device” does not include
any device which is designed primarily or redesigned primarily for use as a
signaling, pyrotechnic, line throwing, safety or similar device.
(b) “Possess” has the meaning given that
term in ORS 161.015.
(3) This section does not apply to:
(a) Persons who possess explosives as
provided in ORS 480.200 to 480.290.
(b) The possession of an explosive by a
member of the Armed Forces of the
(c) The possession of an explosive in the
course of transportation by way of railroad, water, highway or air while under
the jurisdiction of, or in conformity with, regulations adopted by the United
States Department of Transportation.
(d) The possession, sale, transfer or
manufacture of an explosive by a person acting in accordance with the
provisions of any applicable federal law or regulation that provides
substantially the same requirements as the comparable provisions of ORS 480.200
to 480.290.
(4) Possession of a destructive device is
a Class C felony. [1989 c.982 §1]
166.384
Unlawful manufacture of destructive device. (1) A person commits the crime of unlawful manufacture of a
destructive device if the person assembles, produces or otherwise manufactures:
(a) A destructive device, as defined in
ORS 166.382; or
(b) A pyrotechnic device containing two or
more grains of pyrotechnic charge in violation of chapter 10, Title 18 of the
United States Code.
(2) Unlawful manufacture of a destructive
device is a Class C felony. [1989 c.982 §2]
166.385
Possession of hoax destructive device. (1) A person commits the crime of possession of a hoax destructive
device if the person knowingly places another person in fear of serious
physical injury by:
(a) Possessing, manufacturing, selling,
delivering, placing or causing to be placed a hoax destructive device; or
(b) Sending a hoax destructive device to
another person.
(2) Possession of a hoax destructive
device is a Class A misdemeanor.
(3) Notwithstanding subsection (2) of this
section, possession of a hoax destructive device is a Class C felony if a
person possesses, or threatens to use, a hoax destructive device while the
person is committing or attempting to commit a felony.
(4) As used in this section, “hoax
destructive device” means an object that reasonably appears, under the
circumstances:
(a) To be a destructive device, as
described in ORS 166.382 (1)(a), or an explosive, as defined in ORS 166.660,
but is an inoperative imitation of a destructive device or explosive; or
(b) To contain a destructive device, as
described in ORS 166.382 (1)(a), or an explosive, as defined in ORS 166.660. [1997
c.749 §1]
166.410
Manufacture, importation or sale of firearms. 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 and 166.470, is
guilty of a Class B felony. [Amended by 1979 c.779 §5; 1987 c.320 §89; 1989
c.839 §23; 1995 c.729 §7; 2001 c.666 §§34,46; 2003 c.14 §§66,67; 2003 c.614 §9]
166.412
Definitions; firearms transaction record; criminal record check; rules. (1) As used in this section:
(a) “Antique firearm” has the meaning
given that term in 18 U.S.C. 921;
(b) “Department” means the Department of
State Police;
(c) “Firearm” has the meaning given that
term in ORS 166.210, except that it does not include an antique firearm;
(d) “Firearms transaction record” means
the firearms transaction record required by 18 U.S.C. 921 to 929;
(e) “Firearms transaction thumbprint form”
means a form provided by the department under subsection (12) of this section;
(f) “Gun dealer” means 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;
(g) “Handgun” has the meaning given that
term in ORS 166.210; and
(h) “Purchaser” means a person who buys,
leases or otherwise receives a firearm from a gun dealer.
(2) Except as provided in subsections
(3)(c) and (13) of this section, a gun dealer shall comply with the following
before a handgun is delivered to a purchaser:
(a) The purchaser shall present to the
dealer current identification meeting the requirements of subsection (4) of
this section.
(b) The gun dealer shall complete the
firearms transaction record and obtain the signature of the purchaser on the
record.
(c) The gun dealer shall obtain the
thumbprints of the purchaser on the firearms transaction thumbprint form and
attach the form to the gun dealer’s copy of the firearms transaction record to
be filed with that copy.
(d) The gun dealer shall request by
telephone that the department conduct a criminal history record check on the
purchaser and shall provide the following information to the department:
(A) The federal firearms license number of
the gun dealer;
(B) The business name of the gun dealer;
(C) The place of transfer;
(D) The name of the person making the
transfer;
(E) The make, model, caliber and
manufacturer’s number of the handgun being transferred;
(F) The name and date of birth of the
purchaser;
(G) The Social Security number of the
purchaser if the purchaser voluntarily provides this number to the gun dealer;
and
(H) The type, issuer and identification
number of the identification presented by the purchaser.
(e) The gun dealer shall receive a unique
approval number for the transfer from the department and record the approval
number on the firearms transaction record and on the firearms transaction
thumbprint form.
(f) The gun dealer may destroy the
firearms transaction thumbprint form five years after the completion of the
firearms transaction thumbprint form.
(3)(a) Upon receipt of a request of the
gun dealer for a criminal history record check, the department shall
immediately, during the gun dealer’s telephone call or by return call:
(A) Determine, from criminal records and
other information available to it, whether the purchaser is disqualified under
ORS 166.470 from completing the purchase; and
(B) Notify the dealer when a purchaser is
disqualified from completing the transfer or provide the dealer with a unique
approval number indicating that the purchaser is qualified to complete the
transfer.
(b) If the department is unable to
determine if the purchaser is qualified or disqualified from completing the
transfer within 30 minutes, the department shall notify the dealer and provide
the dealer with an estimate of the time when the department will provide the
requested information.
(c) If the department fails to provide a
unique approval number to a gun dealer or to notify the gun dealer that the
purchaser is disqualified under paragraph (a) of this subsection before the
close of the gun dealer’s next business day following the request by the dealer
for a criminal history record check, the dealer may deliver the handgun to the
purchaser.
(4)(a) Identification required of the
purchaser under subsection (2) of this section shall include one piece of
current identification bearing a photograph and the date of birth of the
purchaser that:
(A) Is issued under the authority of the
United States Government, a state, a political subdivision of a state, a
foreign government, a political subdivision of a foreign government, an
international governmental organization or an international quasi-governmental
organization; and
(B) Is intended to be used for
identification of an individual or is commonly accepted for the purpose of
identification of an individual.
(b) If the identification presented by the
purchaser under paragraph (a) of this subsection does not include the current
address of the purchaser, the purchaser shall present a second piece of current
identification that contains the current address of the purchaser. The
Superintendent of State Police may specify by rule the type of identification
that may be presented under this paragraph.
(c) The department may require that the
dealer verify the identification of the purchaser if that identity is in
question by sending the thumbprints of the purchaser to the department.
(5) The department shall establish a
telephone number that shall be operational seven days a week between the hours
of 8 a.m. and 10 p.m. for the purpose of responding to inquiries from dealers
for a criminal history record check under this section.
(6) No public employee, official or agency
shall be held criminally or civilly liable for performing the investigations
required by this section provided the employee, official or agency acts in good
faith and without malice.
(7)(a) The department may retain a record
of the information obtained during a request for a criminal records check for
no more than five years.
(b) The record of the information obtained
during a request for a criminal records check by a gun dealer is exempt from
disclosure under public records law.
(8) The Department of Human Services shall
provide the Department of State Police with direct electronic access to
information from the Department of Human Services’ database of information
identifying persons meeting the criteria in ORS 166.470 (1)(e) and (f) who were
committed or subject to an order under ORS 426.130. The Department of State
Police and the Department of Human Services shall enter into an agreement
describing the access to information under this subsection.
(9) A law enforcement agency may inspect
the records of a gun dealer relating to transfers of handguns with the consent
of a gun dealer in the course of a reasonable inquiry during a criminal
investigation or under the authority of a properly authorized subpoena or
search warrant.
(10) When a handgun is delivered, it shall
be unloaded.
(11) In accordance with applicable
provisions of ORS chapter 183, the Superintendent of State Police may adopt
rules necessary for:
(a) The design of the firearms transaction
thumbprint form;
(b) The maintenance of a procedure to
correct errors in the criminal records of the department;
(c) The provision of a security system to
identify dealers who request a criminal history record check under subsection
(2) of this section; and
(d) The creation and maintenance of a
database of the business hours of gun dealers.
(12) The department shall publish the
firearms transaction thumbprint form and shall furnish the form to gun dealers
on application at cost.
(13) This section does not apply to
transactions between persons licensed as dealers under 18 U.S.C. 923. [1995
c.729 §1; 2001 c.900 §25]
Note: 166.412 to 166.421 were enacted into law by
the Legislative Assembly but were 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.
166.414
Fees for conducting criminal history record checks. (1) The Department of State Police may adopt
a fee schedule for criminal history record checks required under ORS 166.412
and collect a fee for each criminal history record check requested. The fee
schedule shall be calculated to recover the cost of performing criminal history
record checks required under ORS 166.412, but may not exceed $10 per record
check.
(2) Fees collected under this section
shall be paid into the State Treasury and deposited in the General Fund to the
credit of the State Police Account. [1995 c.729 §2]
Note: See note under 166.412.
166.416
Providing false information in connection with a transfer of a firearm. (1) A person commits the crime of providing
false information in connection with a transfer of a firearm if the person
knowingly provides a false name or false information or presents false
identification in connection with a purchase or transfer of a firearm.
(2) Providing false information in
connection with a transfer of a firearm is a Class A misdemeanor. [1995 c.729 §3;
2001 c.1 §9]
Note: See note under 166.412.
166.418
Improperly transferring a firearm. (1) A person commits the crime of improperly transferring a firearm if
the person is a gun dealer as defined in ORS 166.412 and sells, leases or
otherwise transfers a firearm and intentionally violates ORS 166.412 or
166.434.
(2) Improperly transferring a firearm is a
Class A misdemeanor. [1995 c.729 §4; 2001 c.1 §10]
Note: See note under 166.412.
166.420 [Amended by 1989 c.839 §2; 1993 c.4 §1; 1993
c.594 §4; 1993 c.693 §1; repealed by 1995 c.729 §13]
166.421
Stolen firearms; determination; telephone requests. 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 agency acts in good faith and without malice. [1995 c.729 §5]
Note: See note under 166.412.
166.422
Enforcement of ORS 166.412.
Where appropriate, a person may enforce the legal duties imposed by ORS 166.412
(7), by the provisions of ORS 30.260 to 30.300 and ORS chapter 183. [1989 c.839
§12; 1995 c.729 §8]
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 for further explanation.
166.425
Unlawful purchase of firearm.
(1) A person commits the crime of unlawfully purchasing a firearm if the
person, knowing that the person is prohibited by state or federal law from
owning or possessing the firearm or having the firearm under the person’s
custody or control, purchases or attempts to purchase the firearm.
(2) Unlawfully purchasing a firearm is a
Class A misdemeanor. [1989 c.839 §15]
166.427
Register of transfers of used firearms. (1) Whenever a person engaged in the business, as defined in 18 U.S.C.
921, of selling, leasing or otherwise transferring a firearm, whether the
person is a retail dealer, pawnbroker or otherwise, buys or accepts in trade, a
used firearm, the person shall enter in a register the time, date and place of
purchase or trade, the name of the person selling or trading the firearm, the
number of the identification documentation presented by the person and the make,
model and manufacturer’s number of the firearm. The register shall be obtained
from and furnished by the Department of State Police to the dealer on
application at cost.
(2) The duplicate sheet of the register
shall, on the day of purchase or trade, be hand delivered or mailed to the
local law enforcement authority.
(3) Violation of this section by any
person engaged in the business of selling, leasing or otherwise transferring a
firearm is a Class C misdemeanor. [1989 c.839 §16; 1993 c.4 §3; 2001 c.539 §12]
166.429
Firearms used in felony. Any
person who, with intent to commit a felony or who knows or reasonably should
know that a felony will be committed with the firearm, ships, transports,
receives, sells or otherwise furnishes any firearm in the furtherance of the
felony is guilty of a Class B felony. [1989 c.839 §17]
166.430 [Amended by 1971 c.464 §1; repealed by 1989
c.839 §39]
166.432
Definitions for ORS 166.412 and 166.433 to 166.441. (1) As used in ORS 166.412, 166.433,
166.434, 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:
(a)
(b)
(c) Law Enforcement Data System;
(d) National Instant Criminal Background
Check System; and
(e) Stolen guns system.
(2) As used in ORS 166.433, 166.434,
166.436, 166.438 and 166.441:
(a) “Gun dealer” has the meaning given
that term in ORS 166.412.
(b) “Gun show” means an event at which
more than 25 firearms are on site and available for transfer. [2001 c.1 §3]
Note: 166.432, 166.433 and 166.445 were adopted by
the people by initiative petition but were not added to ORS chapter 166 or any
series therein. See Preface to Oregon Revised Statutes for further explanation.
166.433
Findings regarding transfers of firearms. The people of this state find that:
(1) The laws of
(2) 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 request a criminal background check before completing the transfer
of the firearm; and
(3) It is in the best interests of the
people of Oregon that any person who transfers a firearm at any location other
than a gun show be allowed to voluntarily request a criminal background check
before completing the transfer of the firearm. [2001 c.1 §1]
Note: See note under 166.432.
166.434
Application of ORS 166.412 to all firearm transfers by gun dealers; fees for criminal
background checks. (1)
Notwithstanding the fact that ORS 166.412 requires a gun dealer to request a
criminal history record check only when transferring a handgun, a gun dealer
shall comply with the requirements of ORS 166.412 before transferring any
firearm to a purchaser. The provisions of ORS 166.412 apply to the transfer of
firearms other than handguns to the same extent that they apply to the transfer
of handguns.
(2) 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.
(3) Notwithstanding ORS 166.412 (5), the
department is not required to operate the telephone number established under
ORS 166.412 (5) on Thanksgiving Day or Christmas Day.
(4)(a) The department may charge a fee,
not to exceed the amount authorized under ORS 166.414, for criminal background
checks required under this section or ORS 166.436.
(b) The department shall establish a
reduced fee for subsequent criminal background checks on the same recipient
that are performed during the same day between the hours of 8 a.m. and 10 p.m. [2001
c.1 §5]
166.436
Firearm transfers by persons other than gun dealers; criminal background checks
authorized; liability. (1)
The Department of State Police shall make the telephone number established
under ORS 166.412 (5) available for requests from persons other than gun dealers
for criminal background checks under this section.
(2) Prior to transferring a firearm, a
transferor other than a gun dealer may request by telephone that the department
conduct a criminal background check on the recipient and shall provide the following
information to the department:
(a) The name, address and telephone number
of the transferor;
(b) The make, model, caliber and
manufacturer’s number of the firearm being transferred;
(c) The name, date of birth, race, sex and
address of the recipient;
(d) The Social Security number of the
recipient if the recipient voluntarily provides that number;
(e) The address of the place where the
transfer is occurring; and
(f) The type, issuer and identification
number of a current piece of identification bearing a recent photograph of the
recipient presented by the recipient. The identification presented by the
recipient must meet the requirements of ORS 166.412 (4)(a).
(3)(a) Upon receipt of a request for a
criminal background check under this section, the department shall immediately,
during the telephone call or by return call:
(A) Determine from criminal records and
other information available to it whether the recipient is disqualified under
ORS 166.470 from completing the transfer or is otherwise prohibited by state or
federal law from possessing a firearm; and
(B) Notify the transferor when a recipient
is disqualified from completing the transfer or provide the transferor with a
unique approval number indicating that the recipient is qualified to complete
the transfer. The unique approval number is a permit valid for 24 hours for the
requested transfer. If the firearm is not transferred from the transferor to
the recipient within 24 hours after receipt of the unique approval number, a
new request must be made by the transferor.
(b) If the department is unable to
determine whether the recipient is qualified for or disqualified from
completing the transfer within 30 minutes of receiving the request, the
department shall notify the transferor and provide the transferor with an
estimate of the time when the department will provide the requested
information.
(4) A public employee or public agency
incurs no criminal or civil liability for performing the criminal background
checks required by this section, provided the employee or agency acts in good
faith and without malice.
(5)(a) The department may retain a record
of the information obtained during a request for a criminal background check
under this section for the period of time provided in ORS 166.412 (7).
(b) The record of the information obtained
during a request for a criminal background check under this section is exempt
from disclosure under public records law.
(6) The recipient of the firearm must be
present when the transferor requests a criminal background check under this
section.
(7)(a) Except as otherwise provided in
paragraphs (b) and (c) of this subsection, a transferor who receives
notification under this section that the recipient is qualified to complete the
transfer of a firearm is immune from civil liability for any use of the firearm
from the time of the transfer unless the transferor knows, or reasonably should
know, that the recipient is likely to commit an unlawful act involving the
firearm.
(b) If the transferor is required to
request a criminal background check under ORS 166.438, the immunity provided by
paragraph (a) of this subsection applies only if, in addition to receiving the
notification required by this section, the transferor has the recipient fill
out the form required by ORS 166.438 (1)(a) and retains the form as required by
ORS 166.438 (2).
(c) The immunity provided by paragraph (a)
of this subsection does not apply:
(A) If the transferor knows, or reasonably
should know, that the recipient of the firearm intends to deliver the firearm
to a third person who the transferor knows, or reasonably should know, may not
lawfully possess the firearm; or
(B) In any product liability civil action
under ORS 30.900 to 30.920. [2001 c.1 §6]
166.438
Transfer of firearms at gun shows.(1) A transferor other than a gun dealer may not transfer a firearm at
a gun show unless the transferor:
(a)(A) Requests a criminal background
check under ORS 166.436 prior to completing the transfer;
(B) Receives notification that the
recipient is qualified to complete the transfer; and
(C) Has the recipient complete the form
described in ORS 166.441; or
(b) Completes the transfer through a gun
dealer.
(2) The transferor shall retain the
completed form referred to in subsection (1) of this section for at least five
years and shall make the completed form available to law enforcement agencies
for the purpose of criminal investigations.
(3) A person who organizes a gun show
shall post in a prominent place at the gun show a notice explaining the requirements
of subsections (1) and (2) of this section. The person shall provide the form
required by subsection (1) of this section to any person transferring a firearm
at the gun show.
(4) Subsection (1) of this section does
not apply if the transferee is licensed as a dealer under 18 U.S.C. 923.
(5)(a) Failure to comply with the
requirements of subsection (1), (2) or (3) of this section is a Class A
misdemeanor.
(b) Notwithstanding paragraph (a) of this
subsection, failure to comply with the requirements of subsection (1), (2) or
(3) of this section is a Class C felony if the person has two or more previous
convictions under this section.
(6) It is an affirmative defense to a
charge of violating subsection (1) or (3) of this section that the person did
not know, or reasonably could not know, that more than 25 firearms were at the
site and available for transfer. [2001 c.1 §7]
166.440 [Repealed by 1989 c.839 §39]
166.441
Form for transfer of firearm at gun show. (1) The Department of State Police shall develop a form to be
completed by a person seeking to obtain a firearm at a gun show from a
transferor other than a gun dealer. The department shall consider including in
the form all of the requirements for disclosure of information that are required
by federal law for over-the-counter firearms transactions.
(2) The department shall make the form
available to the public at no cost. [2001 c.1 §8]
166.445
Short title. ORS 166.432 to
166.445 and the amendments to ORS 166.416, 166.418 and 166.460 by sections 9,
10 and 11, chapter 1, Oregon Laws 2001, shall be known as the Gun Violence
Prevention Act. [2001 c.1 §2]
Note: See note under 166.432.
166.450
Obliteration or change of identification number on firearms. 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
obliterated the identification number. [Amended by 1987 c.320 §90; 1989 c.839 §24]
166.460
Antique firearms excepted.
(1) ORS 166.250, 166.260, 166.291 to 166.295, 166.410, 166.412, 166.425, 166.434,
166.438 and 166.450 do not apply to antique firearms.
(2) Notwithstanding the provisions of
subsection (1) of this section, possession of an antique firearm by a person
described in ORS 166.250 (1)(c)(B), (C) or (D) constitutes a violation of ORS
166.250. [Amended by 1979 c.779 §6; 1989 c.839 §25; 1993 c.735 §8; 1995 c.729 §9;
2001 c.1 §11; 2001 c.666 §§35,47; 2003 c.614 §10]
166.470
Limitations and conditions for sales of firearms. (1) Unless relief has been granted under ORS
166.274, 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:
(a) Is under 18 years of age;
(b) Has been convicted of a felony or
found guilty, except for insanity under ORS 161.295, of a felony;
(c) Has any outstanding felony warrants
for arrest;
(d) Is free on any form of pretrial
release for a felony;
(e) Was committed to the Department of
Human Services under ORS 426.130;
(f) After January 1, 1990, was found to be
mentally ill and subject to an order under ORS 426.130 that the person be
prohibited from purchasing or possessing a firearm as a result of that mental
illness; or
(g) Has been convicted of a misdemeanor
involving violence or found guilty, except for insanity under ORS 161.295, of a
misdemeanor involving violence within the previous four years. As used in this
paragraph, “misdemeanor involving violence” means a misdemeanor described in
ORS 163.160, 163.187, 163.190, 163.195 or 166.155 (1)(b).
(2) A person may not sell, deliver or
otherwise transfer any firearm that the person knows or reasonably should know
is stolen.
(3) Subsection (1)(a) of this section does
not prohibit:
(a) The parent or guardian, or another
person with the consent of the parent or guardian, of a minor from transferring
to the minor a firearm, other than a handgun; or
(b) The temporary transfer of any firearm
to a minor for hunting, target practice or any other lawful purpose.
(4) Violation of this section is a Class A
misdemeanor. [Amended by 1989 c.839 §3; 1991 c.67 §40; 1993 c.735 §11; 2001
c.828 §2; 2003 c.577 §7]
166.480
166.490
Purchase of firearms in certain other states. (1) As used in this section, unless the context requires otherwise:
(a) “Contiguous state” means
(b) “Resident” includes an individual or a
corporation or other business entity that maintains a place of business in this
state.
(2) A resident of this state may purchase
or otherwise obtain a rifle or shotgun in a contiguous state and receive in
this state or transport into this state such rifle or shotgun, unless the
purchase or transfer violates the law of this state, the state in which the
purchase or transfer is made or the United States.
(3) This section does not apply to the
purchase, receipt or transportation of rifles and shotguns by federally
licensed firearms manufacturers, importers, dealers or collectors.
(4) This section expires and stands
repealed upon the date that section 922(b) (3) of the Gun Control Act of 1968
(18 U.S.C. 922(b) (3)) and regulations pursuant thereto are repealed or
rescinded. [1969 c.289 §§1,2,3,4]
166.510 [Amended by 1957 c.290 §1; 1973 c.746 §1;
1983 c.546 §2; repealed by 1985 c.709 §4]
166.515 [1973 c.746 §2; repealed by 1985 c.709 §4]
166.520 [Amended by 1973 c.746 §3; repealed by 1985
c.709 §4]
166.560 [1965 c.118 §1; repealed by 1971 c.743 §432]
166.610 [Repealed by 1971 c.743 §432]
166.620 [Repealed by 1963 c.94 §2]
DISCHARGING
WEAPONS
166.630
Discharging weapon on or across highway, ocean shore recreation area or public
utility facility. (1) 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:
(a) 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.
(b) At any public or railroad sign or
signal or an electric power, communication, petroleum or natural gas
transmission or distribution facility of a public utility, telecommunications
utility or railroad within range of the weapon.
(2) Any blowgun, bow and arrow, crossbow,
air rifle or firearm in the possession of the person that was used in
committing a violation of this section may be confiscated and forfeited to the
State of
(3) The hunting license revocation
provided in ORS 497.415 is in addition to and not in lieu of the penalty and
forfeiture provided in subsections (1) and (2) of this section.
(4) As used in this section:
(a) “Public sign” includes all signs,
signals and markings placed or erected by authority of a public body.
(b) “Public utility” has the meaning given
that term in ORS 164.365 (2).
(c) “Railroad” has the meaning given that
term in ORS 824.020. [Amended by 1963 c.94 §1; 1969 c.501 §2; 1969 c.511 §4;
1973 c.196 §1; 1973 c.723 §118; 1981 c.900 §1; 1987 c.447 §113; 1991 c.797 §2]
166.635
Discharging weapon or throwing objects at trains. (1) 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 officer or railroad employee.
(2) Violation of subsection (1) of this
section is a misdemeanor. [1973 c.139 §4]
166.638
Discharging weapon across airport operational surfaces. (1) 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 State of
(2) As used in subsection (1) of this
section, “airport operational surface” means any surface of land or water
developed, posted or marked so as to give an observer reasonable notice that
the surface is developed for the purpose of storing, parking, taxiing or
operating aircraft, or any surface of land or water when actually being used
for such purpose.
(3) Subsection (1) of this section does
not prohibit the discharge of firearms by peace officers in the performance of
their duty or by military personnel within the confines of a military
reservation, or otherwise lawful hunting, wildlife control or other discharging
of firearms done with the consent of the proprietor, manager or custodian of
the airport operational surface.
(4) The hunting license revocation
provided in ORS 497.415 is in addition to and not in lieu of the penalty
provided in subsection (1) of this section. [1981 c.901 §2; 1987 c.858 §2]
166.640 [Repealed by 1971 c.743 §432]
POSSESSION OF BODY
ARMOR
166.641
Definitions for ORS 166.641 to 166.643. As used in this section and ORS 166.642 and 166.643:
(1) “Body armor” means any clothing or
equipment designed in whole or in part to minimize the risk of injury from a
deadly weapon.
(2) “Deadly weapon” has the meaning given
that term in ORS 161.015.
(3) “Misdemeanor involving violence” has
the meaning given that term in ORS 166.470. [2001 c.635 §1]
166.642
Felon in possession of body armor. (1) A person commits the crime of felon in possession of body armor if
the person:
(a) Has been convicted of a felony or
misdemeanor involving violence under the law of any state or the
(b) Knowingly is in possession or control
of body armor.
(2) Felon in possession of body armor is a
Class C felony.
(3) For purposes of subsection (1) of this
section, a person who has been found to be within the jurisdiction of a
juvenile court for having committed an act that would constitute a felony or
misdemeanor involving violence has been convicted of a felony or misdemeanor
involving violence.
(4) Subsection (1) of this section does
not apply to:
(a) A person who is wearing body armor
provided by a peace officer for the person’s safety or protection while the
person is being transported or accompanied by a peace officer; or
(b) A 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 law of the United States, which felony
did not involve criminal homicide, as defined in ORS 163.005, and who has been
discharged from imprisonment, parole or probation for the offense for a period
of 15 years prior to the date of the alleged violation of subsection (1) of
this section.
(5) It is an affirmative defense to a
charge of violating subsection (1) of this section that a protective order or
restraining order has been entered to the benefit of the person. The
affirmative defense created by this subsection is not available if the person
possesses the body armor while committing or attempting to commit a crime. [2001
c.635 §2]
166.643
Unlawful possession of body armor. (1) 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:
(a) Wears body armor; and
(b) Possesses a deadly weapon.
(2) Unlawful possession of body armor is a
Class B felony. [2001 c.635 §3]
MISCELLANEOUS
166.645
Hunting in cemeteries prohibited. (1) Hunting in cemeteries is prohibited.
(2) As used in subsection (1) of this
section “hunting” has the meaning for that term provided in ORS 496.004.
(3) Violation of subsection (1) of this
section is a misdemeanor. [1973 c.468 §2; 1987 c.158 §30]
166.649
Throwing an object off an overpass in the second degree. (1) A person commits the crime of throwing
an object off an overpass in the second degree if the person:
(a) With criminal negligence throws an
object off an overpass; and
(b) 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.
(2) Throwing an object off an overpass in
the second degree is a Class A misdemeanor.
(3) As used in this section and ORS
166.651, “overpass” means a structure carrying a roadway or pedestrian pathway
over a roadway. [1993 c.731 §1]
166.650 [Repealed by 1971 c.743 §432]
166.651
Throwing an object off an overpass in the first degree. (1) A person commits the crime of throwing
an object off an overpass in the first degree if the person:
(a) Recklessly throws an object off an
overpass; and
(b) 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.
(2) Throwing an object off an overpass in
the first degree is a Class C felony. [1993 c.731 §2]
166.660
Unlawful paramilitary activity.
(1) A person commits the crime of unlawful paramilitary activity if the person:
(a) 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 be unlawfully employed for use in a civil disorder; or
(b) Assembles with one or more other
persons for the purpose of training with, practicing with or being instructed
in the use of any firearm, explosive or incendiary device or technique capable
of causing injury or death to persons with the intent to unlawfully employ such
firearm, explosive or incendiary device or technique in a civil disorder.
(2)(a) Nothing in this section makes
unlawful any act of any law enforcement officer performed in the otherwise
lawful performance of the officer’s official duties.
(b) Nothing in this section makes unlawful
any activity of the State Department of Fish and Wildlife, or any activity
intended to teach or practice self-defense or self-defense techniques, such as
karate clubs or self-defense clinics, and similar lawful activity, or any
facility, program or lawful activity related to firearms instruction and
training intended to teach the safe handling and use of firearms, or any other
lawful sports or activities related to the individual recreational use or
possession of firearms, including but not limited to hunting activities, target
shooting, self-defense, firearms collection or any organized activity
including, but not limited to any hunting club, rifle club, rifle range or
shooting range which does not include a conspiracy as defined in ORS 161.450 or
the knowledge of or the intent to cause or further a civil disorder.
(3) Unlawful paramilitary activity is a
Class C felony.
(4) As used in this section:
(a) “Civil disorder” means acts of
physical violence by assemblages of three or more persons which cause damage or
injury, or immediate danger thereof, to the person or property of any other
individual.
(b) “Firearm” means a weapon, by whatever
name known, which is designed to expel a projectile by the action of black
powder or smokeless black powder and which is readily capable of use as a
weapon.
(c) “Explosive” means a chemical compound,
mixture or device that is commonly used or intended for the purpose of
producing a chemical reaction resulting in a substantially instantaneous
release of gas and heat, including but not limited to dynamite, blasting
powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as
defined in ORS 480.110 (1), black powder, smokeless powder, small arms
ammunition and small arms ammunition primers.
(d) “Law enforcement officer” means any
duly constituted police officer of the United States, any state, any political subdivision
of a state or the District of Columbia, and also includes members of the
military reserve forces or National Guard as defined in 10 U.S.C. 101 (9),
members of the organized militia of any state or territory of the United
States, the Commonwealth of Puerto Rico or the District of Columbia not
included within the definition of National Guard as defined by 10 U.S.C. 101
(9), members of the Armed Forces of the United States and such persons as are
defined in ORS 161.015 (4) when in the performance of official duties. [1983
c.792 §2; 1987 c.858 §3; 2001 c.666 §§26,38; 2005 c.830 §27]
166.663
Casting artificial light from vehicle while possessing certain weapons
prohibited. (1) No person
shall 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 rifle, gun, revolver or other firearm.
(2) Subsection (1) of this section does
not apply to a person casting an artificial light:
(a) From the headlights of a motor vehicle
that is being operated on a road in the usual manner.
(b) When the bow and arrow, rifle, gun,
revolver or other firearm that the person has in the possession or immediate
physical presence of the person is disassembled or stored, or in the trunk or
storage compartment of the motor vehicle.
(c) When the ammunition or arrows are
stored separate from the weapon.
(d) On land owned or lawfully occupied by
that person.
(e) On publicly owned land when that
person has an agreement with the public body to use that property.
(f) When the person is a peace officer or
government employee engaged in the performance of official duties.
(g) When the person has been issued a
license under ORS 166.291 and 166.292 to carry a concealed weapon.
(3) Violation of subsection (1) of this
section is punishable as a Class B violation. [1989 c.848 §2; 1999 c.1051 §159;
2005 c.22 §116]
166.710 [1957 c.601 §1; repealed by 1971 c.743 §432]
RACKETEERING
166.715
Definitions for ORS 166.715 to 166.735. As used in ORS 166.715 to 166.735, unless the context requires
otherwise:
(1) “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 tangible item.
(2) “
(3) “Investigative agency” means the
Department of Justice or any district attorney.
(4) “Pattern of racketeering activity”
means engaging in at least two incidents of racketeering activity that have the
same or similar intents, results, accomplices, victims or methods of commission
or otherwise are interrelated by distinguishing characteristics, including a
nexus to the same enterprise, and are not isolated incidents, provided at least
one of such incidents occurred after November 1, 1981, and that the last of
such incidents occurred within five years after a prior incident of
racketeering activity. Notwithstanding ORS 131.505 to 131.525 or 419A.190 or
any other provision of law providing that a previous prosecution is a bar to a
subsequent prosecution, conduct that constitutes an incident of racketeering
activity may be used to establish a pattern of racketeering activity without
regard to whether the conduct previously has been the subject of a criminal
prosecution or conviction or a juvenile court adjudication, unless the
prosecution resulted in an acquittal or the adjudication resulted in entry of
an order finding the youth not to be within the jurisdiction of the juvenile
court.
(5) “Person” means any individual or
entity capable of holding a legal or beneficial interest in real or personal
property.
(6) “Racketeering activity” includes
conduct of a person committed both before and after the person attains the age
of 18 years, and means to commit, to attempt to commit, to conspire to commit,
or to solicit, coerce or intimidate another person to commit:
(a) Any conduct that constitutes a crime,
as defined in ORS 161.515, under any of the following provisions of the Oregon
Revised Statutes:
(A) ORS 59.005 to 59.451, 59.710 to
59.830, 59.991 and 59.995, relating to securities;
(B) ORS 162.015, 162.025 and 162.065 to
162.085, relating to bribery and perjury;
(C) ORS 162.235, 162.265 to 162.305,
162.325, 162.335, 162.355 and 162.365, relating to obstructing governmental
administration;
(D) ORS 162.405 to 162.425, relating to
abuse of public office;
(E) ORS 162.455, relating to interference
with legislative operation;
(F) ORS 163.095 to 163.115, 163.118,
163.125 and 163.145, relating to criminal homicide;
(G) ORS 163.160 to 163.205, relating to
assault and related offenses;
(H) ORS 163.225 and 163.235, relating to
kidnapping;
(I) ORS 163.275, relating to coercion;
(J) ORS 163.670 to 163.693, relating to
sexual conduct of children;
(K) ORS 164.015, 164.043, 164.045,
164.055, 164.057, 164.075 to 164.095, 164.098, 164.125, 164.135, 164.140,
164.215, 164.225 and 164.245 to 164.270, relating to theft, burglary, criminal
trespass and related offenses;
(L) ORS 164.315 to 164.335, relating to
arson and related offenses;
(M) ORS 164.345 to 164.365, relating to
criminal mischief;
(N) ORS 164.395 to 164.415, relating to
robbery;
(O) ORS 164.865, 164.875 and 164.868 to
164.872, relating to unlawful recording or labeling of a recording;
(P) ORS 165.007 to 165.022, 165.032 to
165.042 and 165.055 to 165.070, relating to forgery and related offenses;
(Q) ORS 165.080 to 165.109, relating to
business and commercial offenses;
(R) ORS 165.485 to 165.515, 165.540 and
165.555, relating to communication crimes;
(S) ORS 166.180, 166.190, 166.220,
166.250, 166.270, 166.275, 166.410, 166.450 and 166.470, relating to firearms
and other weapons;
(T) ORS 164.377 (2) to (4), as punishable
under ORS 164.377 (5)(b), 167.007 to 167.017, 167.054, 167.057, 167.062 to
167.080, 167.090, 167.122 to 167.137, 167.147, 167.164, 167.167, 167.212,
167.355, 167.365, 167.370, 167.428, 167.431 and 167.439, relating to
prostitution, obscenity, sexually explicit material, sexual conduct, gambling,
computer crimes involving the Oregon State Lottery, animal fighting, forcible
recovery of a fighting bird and related offenses;
(U) ORS 171.990, relating to legislative
witnesses;
(V) ORS 260.575 and 260.665, relating to
election offenses;
(W) ORS 314.075, relating to income tax;
(X) ORS 180.440 (2) and ORS chapter 323,
relating to cigarette and tobacco products taxes and the directory developed
under ORS 180.425;
(Y) ORS 411.630, 411.675, 411.690 and
411.840, relating to public assistance payments, and ORS 411.990 (2) and (3);
(Z) ORS 462.140, 462.415 and 462.420 to
462.520, relating to racing;
(AA) ORS 463.995, relating to boxing,
mixed martial arts and entertainment wrestling, as defined in ORS 463.015;
(BB) ORS 471.305, 471.360, 471.392 to
471.400, 471.403, 471.404, 471.405, 471.425, 471.442, 471.445, 471.446,
471.485, 471.490 and 471.675, relating to alcoholic liquor, and any of the
provisions of ORS chapter 471 relating to licenses issued under the Liquor
Control Act;
(CC) ORS 475.005 to 475.285 and 475.840 to
475.980, relating to controlled substances;
(DD) ORS 480.070, 480.210, 480.215,
480.235 and 480.265, relating to explosives;
(EE) ORS 819.010, 819.040, 822.100,
822.135 and 822.150, relating to motor vehicles;
(FF) ORS 658.452 or 658.991 (2) to (4),
relating to farm labor contractors;
(GG) ORS chapter 706, relating to banking
law administration;
(HH) ORS chapter 714, relating to branch banking;
(II) ORS chapter 716, relating to mutual
savings banks;
(JJ) ORS chapter 723, relating to credit
unions;
(KK) ORS chapter 726, relating to
pawnbrokers;
(LL) ORS 166.382 and 166.384, relating to
destructive devices;
(MM) ORS 165.074;
(NN) ORS 59.840 to 59.980, relating to
mortgage bankers and mortgage brokers;
(OO) ORS chapter 496, 497 or 498, relating
to wildlife;
(PP) ORS 163.355 to 163.427, relating to
sexual offenses;
(QQ) ORS 166.015, relating to riot;
(RR) ORS 166.155 and 166.165, relating to
intimidation;
(SS) ORS chapter 696, relating to real
estate and escrow;
(TT) ORS chapter 704, relating to
outfitters and guides;
(UU) ORS 165.692, relating to making a
false claim for health care payment;
(VV) ORS 162.117, relating to public investment
fraud;
(WW) ORS 164.170 or 164.172;
(XX) ORS 647.140, 647.145 or 647.150,
relating to trademark counterfeiting;
(YY) ORS 164.886;
(ZZ) ORS 167.312 and 167.388;
(AAA) ORS 164.889;
(BBB) ORS 165.800; or
(CCC) ORS 163.263, 163.264 or 163.266.
(b) Any conduct defined as “racketeering
activity” under 18 U.S.C. 1961 (1)(B), (C), (D) and (E).
(7) “Unlawful debt” means any money or
other thing of value constituting principal or interest of a debt that is
legally unenforceable in the state in whole or in part because the debt was
incurred or contracted:
(a) In violation of any one of the
following:
(A) ORS chapter 462, relating to racing;
(B) ORS 167.108 to 167.164, relating to
gambling; or
(C) ORS 82.010 to 82.170, relating to
interest and usury.
(b) In gambling activity in violation of
federal law or in the business of lending money at a rate usurious under
federal or state law.
(8) Notwithstanding contrary provisions in
ORS 174.060, when this section references a statute in the Oregon Revised
Statutes that is substantially different in the nature of its essential
provisions from what the statute was when this section was enacted, the
reference shall extend to and include amendments to the statute. [1981 c.769 §2;
1983 c.338 §898; 1983 c.715 §1; 1985 c.176 §5; 1985 c.557 §8; 1987 c.158 §31;
1987 c.249 §7; 1987 c.789 §20; 1987 c.907 §12; 1989 c.384 §2; 1989 c.839 §27;
1989 c.846 §13; 1989 c.982 §6; 1991 c.398 §3; 1991 c.962 §6; 1993 c.95 §13;
1993 c.215 §1; 1993 c.508 §45; 1993 c.680 §29; 1995 c.301 §35; 1995 c.440 §13;
1995 c.768 §10; 1997 c.631 §420; 1997 c.789 §1; 1997 c.867 §23; 1999 c.722 §8;
1999 c.878 §4; 2001 c.146 §1; 2001 c.147 §3; 2003 c.111 §1; 2003 c.484 §8; 2003
c.801 §15; 2003 c.804 §66; 2007 c.498 §3; 2007 c.585 §26; 2007 c.811 §7; 2007
c.869 §7]
166.720
Racketeering activity unlawful; penalties. (1) 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,
or any right, interest or equity in, real property or in the establishment or
operation of any enterprise.
(2) It is unlawful for any person, through
a pattern of racketeering activity or through the collection of an unlawful
debt, to acquire or maintain, directly or indirectly, any interest in or
control of any real property or enterprise.
(3) It is unlawful for any person employed
by, or associated with, any enterprise to conduct or participate, directly or
indirectly, in such enterprise through a pattern of racketeering activity or
the collection of an unlawful debt.
(4) It is unlawful for any person to
conspire or endeavor to violate any of the provisions of subsections (1), (2)
or (3) of this section.
(5)(a) Any person convicted of engaging in
activity in violation of the provisions of subsections (1) to (4) of this section
is guilty of a Class A felony.
(b) In lieu of a fine otherwise authorized
by law, any person convicted of engaging in conduct in violation of the
provisions of subsections (1) to (4) of this section, through which the person
derived a pecuniary value, or by which the person caused personal injury or
property damage or other loss, may be sentenced to pay a fine that does not
exceed three times the gross value gained or three times the gross loss caused,
whichever is greater, plus court costs and the costs of investigation and
prosecution, reasonably incurred.
(c) The court shall hold a hearing to
determine the amount of the fine authorized by paragraph (b) of this
subsection.
(d) For the purposes of paragraph (b) of
this subsection, “pecuniary value” means:
(A) Anything of value in the form of
money, a negotiable instrument, a commercial interest or anything else the
primary significance of which is economic advantage; or
(B) Any other property or service that has
a value in excess of $100.
(6) An allegation of a pattern of
racketeering activity is sufficient if it contains substantially the following:
(a) A statement of the acts constituting
each incident of racketeering activity in ordinary and concise language, and in
a manner that enables a person of common understanding to know what is
intended;
(b) A statement of the relation to each
incident of racketeering activity that the conduct was committed on or about a
designated date, or during a designated period of time;
(c) A statement, in the language of ORS
166.715 (4) or other ordinary and concise language, designating which
distinguishing characteristic or characteristics interrelate the incidents of
racketeering activity; and
(d) A statement that the incidents alleged
were not isolated. [1981 c.769 §§3,4; 1997 c.789 §2]
166.725
Remedies for violation of ORS 166.720; time limitation. (1) 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:
(a) Ordering a divestiture by the
defendant of any interest in any enterprise, including real property.
(b) Imposing reasonable restrictions upon
the future activities or investments of any defendant, including, but not
limited to, prohibiting any defendant from engaging in the same type of
endeavor as the enterprise in which the defendant was engaged in violation of
the provisions of ORS 166.720 (1) to (4).
(c) Ordering the dissolution or
reorganization of any enterprise.
(d) Ordering the suspension or revocation
of a license, permit or prior approval granted to any enterprise by any agency
of the state.
(e) Ordering the forfeiture of the charter
of a corporation organized under the laws of this state, or the revocation of a
certificate of authority authorizing a foreign corporation to conduct business
within this state, upon finding that the board of directors or a managerial
agent acting on behalf of the corporation, in conducting the affairs of the
corporation, has authorized or engaged in conduct in violation of ORS 166.720
(1) to (4) and that, for the prevention of future criminal activity, the public
interest requires the charter of the corporation forfeited and the corporation
dissolved or the certificate of authority revoked.
(2) All property, real or personal,
including money, used in the course of, derived from or realized through
conduct in violation of a provision of ORS 166.715 to 166.735 is subject to
civil forfeiture to the state. The state shall dispose of all forfeited
property as soon as commercially feasible. If property is not exercisable or
transferable for value by the state, it shall expire. All forfeitures or
dispositions under this section shall be made with due provision for the rights
of innocent persons. Forfeited property shall be distributed as follows:
(a)(A) All moneys and the clear proceeds
of all other property forfeited shall be deposited with the State Treasurer to
the credit of the Common School Fund.
(B) For purposes of subparagraph (A) of
this paragraph, “clear proceeds” means proceeds of forfeited property less
costs of maintaining and preserving property pending its sale or other
disposition, less costs of sale or disposition and, if the Department of
Justice has not otherwise recovered its costs and expenses of the investigation
and prosecution leading to the forfeiture, less 30 percent of the remaining
proceeds of the property which is awarded to the department as reasonable
reimbursement for costs of such investigation and prosecution.
(b) Any amounts awarded to the Department
of Justice pursuant to paragraph (a) of this subsection shall be deposited in
the Criminal Justice Revolving Account in the State Treasury.
(3) Property subject to forfeiture under
this section may be seized by a police officer, as defined in ORS 133.525 (2),
upon court process. Seizure without process may be made if:
(a) The seizure is incident to a lawful
arrest or search or an inspection under an administrative inspection warrant;
or
(b) The property subject to seizure has
been the subject of a prior judgment in favor of the state in a forfeiture
proceeding based upon this section.
(4) In the event of a seizure under
subsection (3) of this section, a forfeiture proceeding shall be instituted
promptly. Property taken or detained under this section shall not be subject to
replevin, but is deemed to be in the custody of the police officer making the
seizure, subject only to the order of the court. When property is seized under
this section, pending forfeiture and final disposition, the police officer may:
(a) Place the property under seal;
(b) Remove the property to a place
designated by the court; or
(c) Require another agency authorized by
law to take custody of the property and remove it to an appropriate location.
(5) The Attorney General, any district
attorney or any state agency having jurisdiction over conduct in violation of a
provision of ORS 166.715 to 166.735 may institute civil proceedings under this
section. In any action brought under this section, the circuit court shall give
priority to the hearing and determination. Pending final determination, the
circuit court may at any time enter such injunctions, prohibitions or
restraining orders, or take such actions, including the acceptance of
satisfactory performance bonds, as the court may deem proper. The Attorney
General, district attorney or state agency bringing an action under this
section may be awarded, upon entry of a judgment in favor of the state, costs of
investigation and litigation, reasonably incurred. Amounts recovered may
include costs and expenses of state and local governmental departments and
agencies incurred in connection with the investigation or litigation.
(6)(a) Any aggrieved person may institute
a proceeding under subsection (1) of this section:
(A) If the proceeding is based upon
racketeering activity for which a criminal conviction has been obtained, any
rights of appeal have expired and the action is against the individual
convicted of the racketeering activity; or
(B) If the person is entitled to pursue a
cause of action under subsection (7)(a)(B) of this section.
(b) In such proceeding, relief shall be
granted in conformity with the principles that govern the granting of
injunctive relief from threatened loss or damage in other civil cases, except
that no showing of special or irreparable damage to the person shall have to be
made. Upon the execution of proper bond against damages for an injunction
improvidently granted and a showing of immediate danger of significant loss or
damage, a temporary restraining order and a preliminary injunction may be
issued in any such action before a final determination on the merits.
(7)(a) Any person who is injured by reason
of any violation of the provisions of ORS 166.720 (1) to (4) shall have a cause
of action for three-fold the actual damages sustained and, when appropriate,
punitive damages:
(A) If a criminal conviction for the
racketeering activity that is the basis of the violation has been obtained, any
rights of appeal have expired and the action is against the individual
convicted of the racketeering activity; or
(B) If the violation is based on
racketeering activity as defined in ORS 166.715 (6)(a)(B) to (J), (K) as it
relates to burglary and criminal trespass, (L) to (P), (S), (T), (U), (V), (X)
to (Z), (AA) to (DD), (KK), (LL) or (OO) to (VV).
(b) The defendant or any injured person
may demand a trial by jury in any civil action brought pursuant to this
subsection.
(c) Any injured person shall have a right
or claim to forfeited property or to the proceeds derived therefrom superior to
any right or claim the state has in the same property or proceeds.
(8) An investigative agency may bring an
action for civil penalties for any violation of ORS 166.720 (1) to (4). Upon
proof of any such violation, the court shall impose a civil penalty of not more
than $250,000.
(9) A judgment rendered in favor of the
state in any criminal proceeding under ORS 166.715 to 166.735 shall estop the
defendant in any subsequent civil action or proceeding brought by the state or
any other person as to all matters as to which such judgment would be an
estoppel as between the state and the defendant.
(10) The Attorney General may, upon timely
application, intervene in any civil action or proceeding brought under
subsection (6) or (7) of this section if the Attorney General certifies that,
in the opinion of the Attorney General, the action or proceeding is of general
public importance. In such action or proceeding, the state shall be entitled to
the same relief as if the Attorney General instituted the action or proceeding.
(11)(a) Notwithstanding any other
provision of law, a criminal or civil action or proceeding under ORS 166.715 to
166.735 may be commenced at any time within five years after the conduct in
violation of a provision of ORS 166.715 to 166.735 terminates or the cause of
action accrues. If a criminal prosecution or civil action or other proceeding
is brought, or intervened in, to punish, prevent or restrain any violation of
the provisions of ORS 166.715 to 166.735, the running of the period of
limitations prescribed by this section with respect to any cause of action
arising under subsection (6) or (7) of this section which is based in whole or
in part upon any matter complained of in any such prosecution, action or
proceeding shall be suspended during the pendency of such prosecution, action
or proceeding and for two years following its termination.
(b) A cause of action arising under
subsection (6)(a)(A) or (7)(a)(A) of this section accrues when the criminal
conviction for the underlying activity is obtained. In addition to any
suspension of the running of the period of limitations provided for in
paragraph (a) of this subsection, the period of limitations prescribed by
paragraph (a) of this subsection is suspended during any appeal from the
criminal conviction for the underlying activity.
(12) The application of one civil remedy
under any provision of ORS 166.715 to 166.735 shall not preclude the application
of any other remedy, civil or criminal, under ORS 166.715 to 166.735 or any
other provision of law. Civil remedies under ORS 166.715 to 166.735 are
supplemental and not mutually exclusive.
(13) Notwithstanding subsection (6) or (7)
of this section, a person may not institute a proceeding under subsection (6)
of this section and does not have a cause of action under subsection (7) of
this section if the conduct that is the basis of the proceeding or action could
also be the basis of a claim of discrimination because of sex that constitutes
sexual harassment.
(14) In an action brought under the
provisions of this section by a person other than the Attorney General, a
district attorney or a state agency, the court may award reasonable attorney
fees to the prevailing party. In a civil action brought under the provisions of
this section by the Attorney General, a district attorney or a state agency:
(a) The court may award reasonable
attorney fees to the Attorney General, district attorney or state agency if the
Attorney General, district attorney or state agency prevails in the action; and
(b) The court may award reasonable
attorney fees to a defendant who prevails in an action under this section if
the court determines that the Attorney General, district attorney or state
agency had no objectively reasonable basis for asserting the claim or no
reasonable basis for appealing an adverse decision of the trial court. [1981
c.769 §5; 1983 c.715 §2; 1995 c.79 §54; 1995 c.618 §58a; 1995 c.619 §1; 1995
c.696 §17; 1997 c.249 §51; 1997 c.789 §3; 2003 c.576 §390; 2007 c.869 §8]
166.730
Authority of investigative agency; compelling compliance with subpoena. (1) 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 evidence pursuant to the Oregon Rules of Civil Procedure.
(2) If matter that the investigative
agency seeks to obtain by the subpoena is located outside the state, the person
or enterprise subpoenaed may make such matter available to the investigative
agency or its representative for examination at the place where such matter is
located. The investigative agency may designate representatives, including
officials of the jurisdiction in which the matter is located, to inspect the
matter on its behalf and may respond to similar requests from officials of
other jurisdictions.
(3) Upon failure of a person or
enterprise, without lawful excuse, to obey a subpoena, and after reasonable
notice to such person or enterprise, the investigative agency may apply to the
circuit court for the judicial district in which such person or enterprise
resides, is found or transacts business for an order compelling compliance. [1981
c.769 §6; 1983 c.715 §3]
166.735
Short title; construction.
(1) ORS 166.715 to 166.735 may be cited as the Oregon Racketeer Influenced and
Corrupt Organization Act.
(2) The provisions of ORS 166.715 to
166.735 shall be liberally construed to effectuate its remedial purposes. [1981
c.769 §§1,7; 1983 c.715 §4]
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