2015 ORS 480.156¹
Sale of fireworks to out-of-state resident without valid license or permit prohibited
  • seller to ascertain license or permit requirements of other states
  • seller’s records

(1) It is unlawful for any person to sell fireworks at wholesale to any out-of-state resident who does not possess and present to the seller for inspection at the time of sale a valid license or permit issued in the name of such out-of-state resident, if such license or permit is required to purchase, possess, transport, store, distribute, sell or otherwise deal with or use fireworks by the laws of such other state.

(2) The burden of ascertaining whether the laws of such other state require a license or permit and whether the purchaser possesses such a valid license or permit shall be entirely on the seller. Each seller shall record, in a manner prescribed by the State Fire Marshal, each sale described in this section. The record shall include the identification of type and quantity of fireworks sold, name of purchaser, state of destination, state issuing license or permit and number or other identifying description and date of issue of license or permit. [1985 c.789 §9; 2013 c.24 §8]

Notes of Decisions

Where statute was challenged as unconstitu­tionally vague, determinative factor was whether there is reasonable de­gree of common understanding of what is encompassed by pro­hi­bi­­tion in statute; wording of this sec­tion is sufficiently specific to inform per­son of what con­duct is prohibited. Cascade Fireworks v. State of Oregon, 86 Or App 355, 738 P2d 1013 (1987)

Where statute was challenged as an unconstitu­tional restric­tion on interstate commerce under Art. I, sec­tion 8, of the United States Constitu­tion, any effect on interstate commerce could only be incidental and outweighed by state's interest in safety of its citizens. Cascade Fireworks v. State of Oregon, 86 Or App 355, 738 P2d 1013 (1987)


1 Legislative Counsel Committee, CHAPTER 480—Explosives; Flammable Materials; Pressure Vessels, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors480.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 480, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano480.­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.