2015 ORS § 166.250¹

Unlawful possession of firearms

(1) Except as otherwise provided in this section or ORS 166.260 (Persons not affected by ORS 166.250), 166.270 (Possession of weapons by certain felons), 166.273 (Relief from firearm prohibitions related to mental health), 166.274 (Relief from prohibition against possessing or receiving firearm), 166.291 (Issuance of concealed handgun license), 166.292 (Procedure for issuing) or 166.410 (Manufacture, importation or sale of firearms) to 166.470 (Limitations and conditions for sales of firearms), 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 (Limitations and conditions for sales of firearms); 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 (Court determination of mental illness);

(E) Was found to be a person with mental illness and subject to an order under ORS 426.130 (Court determination of mental illness) 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 (Assisted outpatient treatment) prohibiting the person from purchasing or possessing a firearm;

(G) Has been found guilty except for insanity under ORS 161.295 (Effect of mental disease or defect) of a felony; or

(H) The possession of the firearm by the person is prohibited under ORS 166.255 (Possession of firearm or ammunition by certain persons prohibited).

(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 minors parent or guardian or by another person with the consent of the minors 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 (Possession of weapons by certain felons) and subsection (1) of this section, from owning, possessing or keeping within the persons 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 persons 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]

Notes of Decisions

An indict­ment need not allege that a defendant did not have a license to carry a firearm. State v. McIntire, 22 Or App 611, 540 P2d 399 (1975)

Although it is not unlawful for per­son to carry firearm openly in belt holster while riding in automobile, other evidence of conceal­ment existed from which finder of fact could have found defendant guilty of violating this sec­tion. State v. Fisher, 100 Or App 149, 785 P2d 369 (1990), Sup Ct review denied

Police of­fi­cers use of flashlight to observe defendant in course of legitimate stop for traffic infrac­tion was not search. State v. Evans, 101 Or App 340, 790 P2d 1177 (1990)

Upon the per­son includes bag and its contents while defendant held bag. State v. Anfield, 313 Or 554, 836 P2d 1337 (1992); State v. Finlay, 179 Or App 599, 42 P3d 326 (2002), Sup Ct review denied

Possession by mi­nor was for lawful purpose where mi­nor held reasonable belief pos­ses­sion was necessary for de­fense against unlawful physical force. State ex rel Juv. Dept. v. Poston, 127 Or App 538, 873 P2d 429 (1994)

State must prove as ele­ment of of­fense that defendant lacks license to carry firearm. State v. Brust, 158 Or App 455, 974 P2d 734 (1999), Sup Ct review denied

Constructive pos­ses­sion of handgun is irrelevant where defendant lacks control of, or direc­tion over, vehicle in which handgun is concealed. State v. Williams, 161 Or App 111, 984 P2d 312 (1999)

Excep­tion provided for pos­ses­sion of concealed weapon at place of business is available only to per­son having ownership interest in business. State v. Perry, 165 Or App 342, 996 P2d 995 (2000), affd 336 Or 49, 77 P3d 313 (2003)

Indict­ment alleging that defendant possessed handgun unlawfully was sufficient to allege that defendant lacked concealed handgun license. State v. Crampton, 176 Or App 62, 31 P3d 430 (2001)

Accessibility of firearm carried in bag, briefcase or suitcase is irrelevant to determina­tion that firearm was carried upon per­son. State v. Finlay, 179 Or App 599, 42 P3d 326 (2002), Sup Ct review denied

For per­son to unlawfully possess firearm, per­son must know that object being carried has nature or characteristics of firearm. State v. Schodrow, 187 Or App 224, 66 P3d 547 (2003)

Place of residence refers to where per­son actually lives, not to legal residence. State v. Leslie, 204 Or App 715, 132 P3d 37 (2006), Sup Ct review denied

Place of residence does not have to be fixed and permanent structure. State v. Leslie, 204 Or App 715, 132 P3d 37 (2006), Sup Ct review denied

Person violates pro­hi­bi­­tion against carrying concealed firearm only if firearm is opera­tional, or can promptly be made opera­tional, at time per­son allegedly carries firearm concealed. State v. Briney, 345 Or 505, 200 P3d 550 (2008)

Defendant, who possessed rifle and handgun in area immediately outside tent in rented camping space where defendant es­tab­lished temporary kitchen and living space, was within place of residence which includes areas regularly used for daily living activities. State v. Wolf, 260 Or App 414, 317 P3d 377 (2013)

Truck, from which defendant removed handgun and that was parked on defendants prop­erty near defendants house, is not place of residence because defendant did not use truck for daily living activities. State v. Cle­mente-Perez, 261 Or App 146, 322 P3d 1082 (2014), affd 357 Or 745, 359 P3d 232 (2015)

Defendant possessed concealed and readily accessible handgun within vehicle when defendant reached into truck putting some, but not all, of defendants body inside truck, and removed handgun from concealed compart­ment. State v. Cle­mente-Perez, 357 Or 745, 359 P3d 232 (2015)

Law Review Cita­tions

26 WLR 571 (1990)

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 (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.