ORS 166.259¹
Relinquishment of firearm upon conviction of certain offenses

(1) When a person is convicted of an offense described in ORS 166.255 (Possession of firearm or ammunition by certain persons prohibited) (1)(b) or (c), the court shall, at the time of conviction:

(a) Indicate in the judgment of conviction that the person is prohibited from possessing firearms and ammunition under ORS 166.250 (Unlawful possession of firearms) and 166.255 (Possession of firearm or ammunition by certain persons prohibited);

(b) Inform the person, orally and in writing, that the person is prohibited from possessing firearms and ammunition;

(c) Order in writing that the person transfer all firearms and ammunition in the person’s possession in accordance with subsection (2) of this section; and

(d) Order that the person file a declaration as described in subsection (4) of this section.

(2)(a) Within 24 hours of the court’s order under subsection (1) of this section, the person shall transfer all firearms and ammunition in the person’s possession to a local law enforcement agency, to a gun dealer as defined in ORS 166.412 (Definitions) or to a third party who does not reside with the person, and shall obtain a proof of transfer under paragraph (b) of this subsection. A transfer to a third party under this subsection must be in accordance with ORS 166.435 (Firearm transfers by unlicensed persons), except that the criminal background check exceptions in ORS 166.435 (Firearm transfers by unlicensed persons) (4) do not apply.

(b) A law enforcement agency, gun dealer or third party receiving a firearm or ammunition pursuant to this subsection shall issue to the person a written proof of transfer. The proof of transfer must include the person’s name, the date of transfer and the serial number, make and model of each transferred firearm. A proof of transfer issued by a third party must also include the unique approval number from the Department of State Police from the criminal background check conducted under ORS 166.435 (Firearm transfers by unlicensed persons).

(c) A person transferring a firearm or ammunition to a third party under this subsection shall additionally obtain from the third party a declaration under penalty of perjury confirming receipt of the firearm or ammunition and attesting that:

(A) The third party understands that the person is prohibited from possessing firearms and ammunition; and

(B) The third party is subject to criminal penalties if the third party allows the person access to the firearm or ammunition during the prohibition.

(3)(a) A law enforcement agency may accept a firearm or ammunition transferred under this section.

(b) A gun dealer may purchase or may accept for storage a firearm or ammunition transferred under this section.

(4)(a) Within two judicial days of the court’s order under subsection (1) of this section, the person shall file with the court a declaration under penalty of perjury attesting that:

(A) All firearms and ammunition in the person’s possession have been transferred under subsection (2) of this section to:

(i) A law enforcement agency;

(ii) A gun dealer; or

(iii) A third party;

(B) The person was not in possession of any firearms at the time of the court’s order and continues to not possess any firearms; or

(C) The person is asserting the person’s constitutional right against self-incrimination.

(b) The person shall file with the declaration a copy of the proof of transfer, if applicable, and a copy of the third party declaration, if applicable.

(5) The person shall concurrently file with the district attorney copies of the declaration, proof of transfer and third party declaration filed with the court under subsection (4) of this section.

(6) A person in possession of a firearm or ammunition in violation of ORS 166.255 (Possession of firearm or ammunition by certain persons prohibited) (1)(b) or (c) may not be prosecuted under ORS 166.250 (Unlawful possession of firearms) if:

(a) The person is in possession of a court order described in subsection (1) of this section issued within the previous 24 hours;

(b) The firearm is unloaded; and

(c) The person is transporting the firearm or ammunition to a law enforcement agency, gun dealer or third party for transfer in accordance with subsection (2) of this section.

(7) If the person does not file the declaration required under subsection (4) of this section, the district attorney may commence contempt proceedings under ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability). [2019 c.201 §3]

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 (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 166, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano166.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information