2017 ORS 166.176¹
Exception to preemption for certain county ordinances

(1) Nothing in ORS 166.170 (State preemption) or 166.171 (Authority of county to regulate discharge of firearms) 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:

(a) 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.

(b) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1997 c.403 §1; 2009 c.556 §4]

Notes of Decisions

When read with ORS 166.170 (State preemption) and 166.171 (Authority of county to regulate discharge of firearms), savings clause in subsec­tion (2)(a) of this sec­tion protects from preemp­tion county ordinance that requires prop­erty owners to obtain permit to operate firearms training facility in timber conserva­tion zone, which restric­tions loca­tion of facility es­tab­lish­ment but does not regulate use of firearms at es­tab­lished facility. Conrady v. Lincoln County, 260 Or App 115, 316 P3d 413 (2013), Sup Ct review denied

Chapter 166

Law Review Cita­tions

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

1 Legislative Counsel Committee, CHAPTER 166—Offenses Against Public Order; Firearms and Other Weapons; Racketeering, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors166.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 166, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano166.­html (2017) (last ac­cessed Mar. 30, 2018).
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.