2015 ORS 166.382¹
Possession of destructive device prohibited
  • exceptions

(1) A person commits the crime of unlawful possession of a destructive device if the person possesses:

(a) Any of the following devices with an explosive, incendiary or poison gas component:

(A) Bomb;

(B) Grenade;

(C) Rocket having a propellant charge of more than four ounces;

(D) Missile having an explosive or incendiary charge of more than one-quarter ounce; or

(E) Mine; or

(b) Any combination of parts either designed or intended for use in converting any device into any destructive device described in paragraph (a) of this subsection and from which a destructive device may be readily assembled.

(2) As used in this section:

(a) Destructive device does not include any device which is designed primarily or redesigned primarily for use as a signaling, pyrotechnic, line throwing, safety or similar device.

(b) Possess has the meaning given that term in ORS 161.015 (General definitions).

(3) This section does not apply to:

(a) Persons who possess explosives as provided in ORS 480.200 (Definitions for ORS 480.200 to 480.290) to 480.290 (Requirements for person driving vehicle transporting explosives).

(b) The possession of an explosive by a member of the Armed Forces of the United States while on active duty and engaged in the performance of official duties or by a member of a regularly organized fire or police department of a public agency while engaged in the performance of official duties.

(c) The possession of an explosive in the course of transportation by way of railroad, water, highway or air while under the jurisdiction of, or in conformity with, regulations adopted by the United States Department of Transportation.

(d) The possession, sale, transfer or manufacture of an explosive by a person acting in accordance with the provisions of any applicable federal law or regulation that provides substantially the same requirements as the comparable provisions of ORS 480.200 (Definitions for ORS 480.200 to 480.290) to 480.290 (Requirements for person driving vehicle transporting explosives).

(4) Possession of a destructive device is a Class C felony. [1989 c.982 §1]

Notes of Decisions

Where pyrotechnic device was modified to be capable of exploding, pyrotechnic device ceased to qualify for excep­tion from defini­tion of destructive device. State ex rel Juvenile Dept. v. Garrett, 193 Or App 629, 91 P3d 830 (2004)

Possession of destructive device and manufacture of destructive device (ORS 166.384 (Unlawful manufacture of destructive device)) require proof of different ele­ments, precluding merger of of­fenses. State v. Luers, 211 Or App 34, 153 P3d 688 (2007), modified 213 Or App 389, 160 P3d 1013 (2007)

Bomb may include device in container or with safety feature enabled. State v. Johnson, 250 Or App 429, 280 P3d 1026 (2012), Sup Ct review denied

Because destructive device does not include devices designed primarily for pyrotechnic use, defendant who possessed tennis ball filled with smokeless gunpowder and make-shift fuse but intended primarily for pyrotechnic use did not possess destructive device under this sec­tion. State v. J.N.S., 258 Or App 310, 308 P3d 1112 (2013)

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.