ORS 166.220¹
Unlawful use of weapon

(1) A person commits the crime of unlawful use of a weapon if the person:

(a) Attempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon as defined in ORS 161.015 (General definitions); or

(b) Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge.

(2) This section does not apply to:

(a) Police officers or military personnel in the lawful performance of their official duties;

(b) Persons lawfully defending life or property as provided in ORS 161.219 (Limitations on use of deadly physical force in defense of a person);

(c) Persons discharging firearms, blowguns, bows and arrows, crossbows or explosive devices upon public or private shooting ranges, shooting galleries or other areas designated and built for the purpose of target shooting; or

(d) Persons lawfully engaged in hunting in compliance with rules and regulations adopted by the State Department of Fish and Wildlife.

(3) Unlawful use of a weapon is a Class C felony. [Amended by 1975 c.700 §1; 1985 c.543 §1; 1991 c.797 §1]

Notes of Decisions

Evidence that defendant carried cocked, holstered pistol, that he told police he would meet force with force and firearms with firearms if police moved into building which he and others were unlawfully occupying, and that gun was later found to be loaded, was sufficient to support finding that defendant carried dangerous weapon with intent to use it. State v. Essig, 31 Or App 639, 571 P2d 170 (1977), Sup Ct review denied

Menacing is not lesser included of­fense of carrying dangerous weapon within intent to use. State v. Cummings, 33 Or App 265 (1978)

Officer was entitled to search wallet within purse incident to arrest for pos­ses­sion of dangerous weapon with intent to use it unlawfully. State v. Rose, 109 Or App 378, 819 P2d 757 (1991)

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/­166.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 166, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­166ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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.
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