ORS 167.147¹
Possession of a gambling device
  • • defense

(1) A person commits the crime of possession of a gambling device if, with knowledge of the character thereof, the person manufactures, sells, transports, places or possesses, or conducts or negotiates a transaction affecting or designed to affect ownership, custody or use of:

(a) A slot machine; or

(b) Any other gambling device, believing that the device is to be used in promoting unlawful gambling activity.

(2) Possession of a gambling device is a Class A misdemeanor.

(3) It is a defense to a charge of possession of a gambling device if the slot machine or gambling device that caused the charge to be brought was manufactured:

(a) Prior to 1900 and is not operated for purposes of unlawful gambling; or

(b) More than 25 years before the date on which the charge was brought and:

(A) Is located in a private residence;

(B) Is not operated for the purposes of unlawful gambling; and

(C) Has permanently affixed to it by the manufacturer, the manufacturer’s name and either the date of manufacture or the serial number. [1971 c.743 §269; 1977 c.264 §1; 1983 c.403 §1; 1993 c.781 §1; 1995 c.577 §1]

Notes of Decisions

Under Former Similar Statute

This sec­tion did not require that a machine be unlawful per se, but only that it be operated unlawfully. Smith v. One Super Wild Cat Console Mach., 10 Or App 587, 500 P2d 498 (1972), Sup Ct review denied

In General

Employ­ment contract, which re­quired employe to design and produce devices which would be used for gambling, constituted contract for illegal purpose and was thus unenforceable as against public policy. Hendrix v. McKee, 281 Or 123, 575 P2d 134 (1978)

"Free play" electric game machines are not "gambling devices" even though patrons were given cash rather than free plays. State v. Langan, 293 Or 654, 652 P2d 800 (1982)

Completed Cita­tions

State v. Wheelhouse, 6 Or App 151, 486 P2d 1292 (1971)

§§ 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530) to 167.162 (Gambling device as public nuisance)

Atty. Gen. Opinions

Construing pro­vi­sions against promo­tion of social gambling, (1971) Vol 35, p 1004

Chapter 167

Atty. Gen. Opinions

Exemp­tion of nuisance laws from constitu­tional require­ment for pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

51 OLR 427-637 (1972)

1 Legislative Counsel Committee, CHAPTER 167—Offenses Against Public Health, Decency and Animals, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors167.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 167, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­167ano.­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. Currency Information