Oregon Statutes 166.250 – Unlawful possession of firearms
(1) Except as otherwise provided in this section or ORS § 166.260, 166.270, 166.273, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 166.250
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) Carries any firearm concealed upon the person;
(b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle;
(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;
(D) Was committed to the Oregon Health Authority under ORS § 426.130;
(E) Was found to be a person with mental illness 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;
(F) Is presently subject to an order under ORS § 426.133 prohibiting the person from purchasing or possessing a firearm;
(G) Has been found guilty except for insanity under ORS § 161.295 of a felony; or
(H) The possession of the firearm by the person is prohibited under ORS § 166.255; or
(d) Possesses an unfinished frame or receiver and is prohibited from possessing firearms under paragraph (c) of this subsection.
(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)(a) Except as provided in paragraphs (b) and (c) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.
(b) If a vehicle, other than a vehicle described in paragraph (c) of this subsection, has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:
(A) The handgun is stored in a closed and locked glove compartment, center console or other container; and
(B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.
(c) If the vehicle is a motorcycle, an all-terrain vehicle or a snowmobile, a handgun is not readily accessible within the meaning of this section if:
(A) The handgun is in a locked container within or affixed to the vehicle; or
(B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm.
(5) 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; 2009 c.499 § 1; 2009 c.595 § 112; 2009 c.826 8a,11a; 2011 c.662 1,2; 2013 c.360 6,7; 2015 c.50 12,13; 2015 c.201 § 3; 2015 c.497 3,4; 2023 c.229 § 6]