2015 ORS 166.170¹
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]

Notes of Decisions

"Ordinance" means regula­tion, restric­tion or pro­hi­bi­­tion that govern­ment entity legislatively enacts. Doe v. Medford School District 549C, 232 Or App 38, 221 P3d 787 (2009)

Statute preempts only legislative enact­ments of local or regional govern­ment entities. Doe v. Medford School District 549C, 232 Or App 38, 221 P3d 787 (2009)

Preclusion under this statute is not limited to enact­ments by county, city or other local govern­ments. Oregon Firearms v. Board of Higher Educa­tion, 245 Or App 713, 264 P3d 160 (2011)

This statute precludes State Board of Higher Educa­tion from adopting rule that regulates pos­ses­sion of firearms and that applies to any per­son on prop­erty under board's jurisdic­tion unless rule is otherwise authorized by legislative ac­tion. Oregon Firearms v. Board of Higher Educa­tion, 245 Or App 713, 264 P3d 160 (2011)

Chapter 166

Law Review Cita­tions

51 OLR 427-637 (1972); 69 OLR 169 (1990)

  • UM Maneater / Elissa Chudwin, Oct 11, 2011
    “The Oregon Court of Appeals overturned a policy, thereby allowing college students to carry concealed weapons at all seven of its public universities Wednesday, Sept. 28. . . .”
  • Corvallis Gazette Times, Sep 28, 2011
    “In a unanimous decision . . . the court decided that the law was invalid because Oregon Revised Statute 166.170(1) takes precedence.”
  • PSU Daily Vanguard / Virginia Vickery, Feb 19, 2010
    “Rule may contradict state law, campus en­force­­ment policies vague. ”

1 Legislative Counsel Committee, CHAPTER 166—Offenses Against Public Order; Firearms and Other Weapons; Racketeering, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors166.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 166, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano166.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.