ORS 166.370
Possession of firearm or dangerous weapon in public building or court facility

  • exceptions
  • discharging firearm at school

(1)

Intentionally left blank —Ed.

(a)

Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.

(b)

Notwithstanding paragraph (a) of this subsection, in a prosecution under this section for the possession of a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year or on school grounds subject to a policy described in ORS 166.377 (Possession of firearms in certain public buildings by concealed handgun licensees), if the person proves by a preponderance of the evidence that, at the time of the possession, the person was licensed under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) to carry a concealed handgun, upon conviction the person is guilty of a Class A misdemeanor.

(2)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:

(A)

A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.

(B)

A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a law enforcement officer or to immediately remove it from the court facility. A person who fails to comply with this subparagraph is guilty, upon conviction, of a Class C felony.

(C)

A firearm in a local court facility is guilty, upon conviction, of a Class C felony if, prior to the offense, the presiding judge of the local court facility entered an order prohibiting firearms in the area in which the court conducts business and during the hours in which the court operates.

(b)

The presiding judge of a judicial district or a municipal court may enter an order permitting the possession of specified weapons in a court facility.

(c)

Within a shared court facility, the presiding judge of a municipal court or justice of the peace district may not enter an order concerning the possession of weapons in the court facility that is in conflict with an order entered by the presiding judge of the circuit court.

(3)

Subsection (1)(a) of this section does not apply to:

(a)

A police officer or reserve officer, as those terms are defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689).

(b)

A parole and probation officer, as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689), while the parole and probation officer is acting within the scope of employment.

(c)

A federal officer, as defined in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450), or a certified reserve officer or corrections officer, as those terms are defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689), while the federal officer, certified reserve officer or corrections officer is acting within the scope of employment.

(d)

A person summoned by an officer described in paragraph (a), (b) or (c) of this subsection to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.

(e)

An honorably retired law enforcement officer.

(f)

An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.

(g)

A person who is licensed under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) to carry a concealed handgun, except as provided in subsection (1)(b) of this section.

(h)

A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.

(i)

An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a firearm in the course of the lawful taking of wildlife.

(j)

Possession of a firearm on school property if the firearm:

(A)

Is possessed by a person who is not otherwise prohibited from possessing the firearm; and

(B)

Is unloaded and locked in a motor vehicle.

(k)

A person who possesses a firearm in the passenger terminal of a commercial service airport, if the firearm is unloaded and in a locked hard-sided container for the purposes of transporting the firearm as checked baggage in accordance with federal law.

(4)

Intentionally left blank —Ed.

(a)

Except as provided in subsection (1)(b) of this section, the exceptions listed in subsection (3)(d) to (k) of this section constitute affirmative defenses to a charge of violating subsection (1)(a) of this section.

(b)

A person may not use the affirmative defense described in subsection (3)(e) of this section if the person has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing).

(5)

Intentionally left blank —Ed.

(a)

Any person who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place that the person knows is a school shall upon conviction be guilty of a Class C felony.

(b)

Paragraph (a) of this subsection does not apply to the discharge of a firearm:

(A)

As part of a program approved by a school in the school by an individual who is participating in the program;

(B)

By a law enforcement officer acting in the officer’s official capacity; or

(C)

By an employee of the United States Department of Agriculture, acting within the scope of employment, in the course of the lawful taking of wildlife.

(6)

Any weapon carried in violation of this section is subject to the forfeiture provisions of ORS 166.279 (Forfeiture of deadly weapons).

(7)

Notwithstanding the fact that a person’s conduct in a single criminal episode constitutes a violation of both subsections (1) and (5) of this section, the district attorney may charge the person with only one of the offenses.

(8)

As used in this section, “dangerous weapon” means a dangerous weapon as that term is defined in ORS 161.015 (General definitions). [1969 c.705 §§2,4; 1977 c.207 §2; 1979 c.398 §2; 1989 c.839 §22; 1989 c.982 §5; 1991 c.67 §39; 1993 c.625 §1; 1999 c.782 §7; 1999 c.1040 §4; 2001 c.666 §§24,36; 2003 c.614 §6; 2009 c.556 §6; 2015 c.351 §2; 2015 c.709 §4; 2021 c.146 §10]

Source: Section 166.370 — Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school, https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html.

166.005
Treason
166.015
Riot
166.023
Disorderly conduct in the first degree
166.025
Disorderly conduct in the second degree
166.065
Harassment
166.070
Aggravated harassment
166.075
Abuse of venerated objects
166.076
Abuse of a memorial to the dead
166.085
Abuse of corpse in the second degree
166.087
Abuse of corpse in the first degree
166.090
Telephonic harassment
166.095
Misconduct with emergency telephone calls
166.116
Interfering with public transportation
166.155
Bias crime in the second degree
166.165
Bias crime in the first degree
166.167
Community service as sentence for bias crime
166.170
State preemption
166.171
Authority of county to regulate discharge of firearms
166.172
Authority of city to regulate discharge of firearms
166.173
Authority of city or county to regulate possession of loaded firearms in public places
166.174
Authority of city, county, municipal corporation or district to regulate possession or sale of firearms
166.175
Authority of city to regulate purchase of used firearms
166.176
Exception to preemption for certain county ordinances
166.180
Negligently wounding another
166.190
Pointing firearm at another
166.210
Definitions
166.220
Unlawful use of weapon
166.240
Carrying of concealed weapons
166.250
Unlawful possession of firearms
166.255
Possession of firearm or ammunition by certain persons prohibited
166.256
Relinquishment of firearm upon person becoming subject to certain court orders
166.257
Return of relinquished firearm
166.259
Relinquishment of firearm upon conviction of certain offenses
166.260
Persons not affected by ORS 166.250
166.262
Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370
166.263
Authority of parole and probation officer to carry firearm
166.270
Possession of weapons by certain felons
166.272
Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers
166.273
Relief from firearm prohibitions related to mental health
166.274
Relief from prohibition against possessing or receiving firearm
166.275
Possession of weapons by inmates of institutions
166.279
Forfeiture of deadly weapons
166.282
Sale of weapons by political subdivision
166.291
Issuance of concealed handgun license
166.292
Procedure for issuing
166.293
Denial or revocation of license
166.295
Renewal of license
166.297
Annual report regarding revocation of licenses
166.300
Killing or injuring another with firearm as cause for loss of right to bear arms
166.320
Setting springgun or setgun
166.330
Use of firearms with other than incombustible gun wadding
166.350
Unlawful possession of armor piercing ammunition
166.360
Definitions for ORS 166.360 to 166.380
166.370
Possession of firearm or dangerous weapon in public building or court facility
166.373
Possession of weapon in court facility by peace officer or federal officer
166.375
Possession of handgun or ammunition by Department of Corrections authorized staff member
166.377
Possession of firearms in certain public buildings by concealed handgun licensees
166.380
Examination of firearm by peace officer
166.382
Possession of destructive device prohibited
166.384
Unlawful manufacture of destructive device
166.385
Possession of hoax destructive device
166.390
Short title
166.392
Definitions
166.395
Securing firearms
166.397
Reporting loss or theft of firearm
166.400
Requirement that firearm be locked during transfer
166.403
Duty to supervise upon transfer of firearm to minor
166.405
Gun dealer notice requirement
166.410
Manufacture, importation or sale of firearms
166.412
Definitions
166.414
Fees for conducting criminal history record checks
166.416
Providing false information in connection with a transfer of a firearm
166.418
Improperly transferring a firearm
166.421
Stolen firearms
166.422
Enforcement of ORS 166.412
166.425
Unlawfully purchasing a firearm
166.427
Register of transfers of used firearms
166.429
Firearms used in felony
166.432
Definitions for ORS 166.412 and 166.433 to 166.441
166.433
Findings regarding transfers of firearms
166.434
Requirements for criminal background checks
166.435
Firearm transfers by unlicensed persons
166.436
Department of State Police criminal background checks for gun show firearm transfers
166.438
Transfer of firearms at gun shows
166.441
Form for transfer of firearm at gun show
166.445
Short title
166.450
Obliteration or change of identification number on firearms
166.460
Antique firearms excepted
166.470
Limitations and conditions for sales of firearms
166.480
Sale or gift of explosives to children
166.490
Purchase of firearms in certain other states
166.525
Definitions
166.527
Petition for ex parte order
166.530
Hearing on order
166.533
Hearing to terminate order
166.535
Renewal of order
166.537
Surrender of deadly weapons pursuant to order
166.540
Return of surrendered deadly weapons
166.543
Criminal penalties
166.630
Discharging weapon on or across highway, ocean shore recreation area or public utility facility
166.635
Discharging weapon or throwing objects at trains
166.638
Discharging weapon across airport operational surfaces
166.641
Definitions for ORS 166.641 to 166.643
166.642
Felon in possession of body armor
166.643
Unlawful possession of body armor
166.645
Hunting in cemeteries prohibited
166.649
Throwing an object off an overpass in the second degree
166.651
Throwing an object off an overpass in the first degree
166.660
Unlawful paramilitary activity
166.663
Casting artificial light from vehicle while possessing certain weapons prohibited
166.715
Definitions for ORS 166.715 to 166.735
166.720
Racketeering activity unlawful
166.725
Remedies for violation of ORS 166.720
166.730
Authority of investigative agency
166.735
Short title
Green check means up to date. Up to date