2015 ORS § 166.275¹

Possession of weapons by inmates of institutions

Any person committed to any institution who, while under the jurisdiction of any institution or while being conveyed to or from any institution, possesses or carries upon the person, or has under the custody or control of the person any dangerous instrument, or any weapon including but not limited to any blackjack, slingshot, billy, sand club, metal knuckles, explosive substance, dirk, dagger, sharp instrument, pistol, revolver or other firearm without lawful authority, is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the custody of the Department of Corrections for a term not more than 20 years. [1953 c.533 §1; 1987 c.320 §88]

Notes of Decisions

Where penitentiary inmate, living at work release center, did not come into pos­ses­sion of weapons until after leaving center, his con­vic­­tion for committed felon in pos­ses­sion of weapon under this sec­tion was reduced to ex-convict in pos­ses­sion of firearm under ORS 166.270 (Possession of weapons by certain felons). State v. Larsen, 44 Or App 643, 606 P2d 1159 (1980), Sup Ct review denied

Although this sec­tion is arguably outside the Oregon Criminal Code, it does not clearly indicate that legislature intended to create of­fense without any culpable mental ele­ment, and thus this sec­tion is not excep­tion, under ORS 161.105 (Culpability requirement inapplicable to certain violations and offenses), to general require­ment of culpable mental state. State v. Wolfe, 288 Or 521, 605 P2d 1185 (1980)

Defendant on temporary leave from the penitentiary who, while living in a private residence was found to be in pos­ses­sion of a sawed-off shotgun, had not committed the of­fense de­scribed in this sec­tion. State v. Hancock, 60 Or App 425, 653 P2d 1304 (1982)

Person is committed to institu­tion if placed into charge or keeping of institu­tion by any authorized entity. State v. Hamilton, 186 Or App 729, 64 P3d 1215 (2003)

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.