2017 ORS 837.365¹
Weaponized unmanned aircraft systems
  • penalties

Caution-flag-2-25x25
This section is amended
Effective April 13, 2018
Relating to public safety; creating new provisions; amending ORS 137.221, 137.225, 137.372, 137.540, 147.395, 147.397, 161.336, 161.390, 161.705, 162.375, 166.412, 166.436, 180.700, 423.105 and 837.365; and declaring an emergency.

(1) Except as provided in subsection (2) of this section, a person may not intentionally, knowingly or recklessly operate or cause to be operated an unmanned aircraft system that is capable of firing a bullet or projectile or otherwise operate or cause to be operated an unmanned aircraft system in a manner that causes the system to function as a dangerous weapon as defined in ORS 161.015 (General definitions).

(2)(a) Except as provided in paragraphs (b) and (c) of this subsection, violation of subsection (1) of this section is a Class A misdemeanor.

(b) If the person intentionally, knowingly or recklessly operates an unmanned aircraft system to fire a bullet or projectile or otherwise operates an unmanned aircraft system in a manner that causes the system to function as a dangerous weapon as defined in ORS 161.015 (General definitions), violation of subsection (1) of this section is a Class C felony.

(c) If the person intentionally, knowingly or recklessly operates an unmanned aircraft system to fire a bullet or projectile or otherwise operates an unmanned aircraft system in a manner that causes the system to function as a dangerous weapon as defined in ORS 161.015 (General definitions), and the operation of the unmanned aircraft system causes serious physical injury to another person as both terms are defined in ORS 161.015 (General definitions), violation of subsection (1) of this section is a Class B felony.

(3) Subsection (1) of this section does not apply if:

(a) The person uses the unmanned aircraft system to release, discharge, propel or eject a nonlethal projectile for purposes other than to injure or kill persons or animals;

(b) The person uses the unmanned aircraft system for nonrecreational purposes in compliance with specific authorization from the Federal Aviation Administration;

(c) The person notifies the Oregon Department of Aviation, the Oregon State Police and any other agency that issues a permit or license for the activity requiring the use of the unmanned aircraft system of the time and location at which the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile at least five days before the person uses the system;

(d) If the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile in an area open to the public, the person provides reasonable notice to the public of the time and location at which the person intends to use the unmanned aircraft system; and

(e) The person maintains a liability insurance policy in an amount not less than $1 million that covers injury resulting from use of the unmanned aircraft system.

(4) The notification requirement of subsection (3)(c) of this section does not apply to:

(a) A career school licensed under ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997) to 345.450 (Annual inspection fee);

(b) A community college as defined in ORS 341.005 (Definitions for chapter);

(c) An education service district as defined in ORS 334.003 (Definitions for chapter);

(d) The Oregon Health and Science University;

(e) A public university listed in ORS 352.002 (Public universities); or

(f) An institution that is exempt from ORS 348.594 (Definitions for ORS 348.594 to 348.615) to 348.615 (Appeal procedure) under ORS 348.597 (Applicability of ORS 348.594 to 348.615) (2).

(5) Notwithstanding subsection (3) of this section, a person may not use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile for purposes of crowd management. [2013 c.686 §10; 2015 c.315 §9; 2016 c.72 §2; 2017 c.502 §1]

Note: See note under 837.300 (Definitions).

1 Legislative Counsel Committee, CHAPTER 837—Aircraft Operation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors837.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.