OREGON ASSAULT CRIMES GUIDE | OREGON BALLOT MEASURE 11 GUIDE | ||
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ORS 166.180 Negligently wounding another.Any person who, as a result of failure to use ordinary care under the circumstances, wounds any other person with a bullet or shot from any firearm, or with an arrow from any bow, commits a Class B misdemeanor. In addition, any person so convicted shall forfeit any license to hunt, obtained under the laws of this state, and shall be ineligible to obtain a license to hunt for a period of 10 years following the date of conviction.
ORS 166.190 Pointing firearm at another; courts having jurisdiction over offense.
Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both. * * * * *
ORS 166.220 Unlawful use of weapon (UUW).
(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; 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;
(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;
(d) Persons lawfully
engaged in hunting in compliance with rules and regulations adopted by
the State Department of Fish and Wildlife; or
(e) An employee of
the United States Department of Agriculture, acting within the scope of
employment, discharging a firearm in the course of the lawful taking of
wildlife. (3) Unlawful use of a weapon is a Class C felony.
ORS 166.240 Carrying of concealed weapons (CCW).
(1)
Except as provided in subsection (2) of this section, any person who
carries concealed upon the person any knife having a blade that projects
or swings into position by force of a spring or by centrifugal force,
any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar
instrument by the use of which injury could be inflicted upon the person
or property of any other person, commits a Class B misdemeanor. (2) Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005, whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of this section.
ORS 166.250 Unlawful possession of firearms (UPFA).
(1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.273, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:
(a) Carries any firearm concealed upon the person; (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; (c) Possesses a firearm and:
(A) Is under 18 years of age; (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section; (C) Has been convicted of a felony; (D) Was committed to the Oregon Health Authority under ORS 426.130; (E) Was found to be a person with mental illness and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; (F) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing or possessing a firearm; (G) Has been found guilty except for insanity under ORS 161.295 of a felony; or (H) The possession of the firearm by the person is prohibited under ORS 166.255; or (d) Possesses an unfinished frame or receiver and is prohibited from possessing firearms under paragraph (c) of this subsection.
(2) This section does not prohibit:
(a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:
(A) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or (B) Temporarily for hunting, target practice or any other lawful purpose; or
(b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.
(3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.
(4)(a) Except as provided in paragraphs (b) and (c) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.
(b) If a vehicle, other than a vehicle described in paragraph (c) of this subsection, has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if: (A) The handgun is stored in a closed and locked glove compartment, center console or other container; and (B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.
(c) If the vehicle is a motorcycle, an all-terrain vehicle or a snowmobile, a handgun is not readily accessible within the meaning of this section if: (A) The handgun is in a locked container within or affixed to the vehicle; or (B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm.
(5) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8; 2009 c.499 §1; 2009 c.595 §112; 2009 c.826 §§8a,11a; 2011 c.662 §§1,2; 2013 c.360 §§6,7; 2015 c.50 §§12,13; 2015 c.201 §3; 2015 c.497 §§3,4; 2023 c.229 §6]
ORS 166.260 Persons not affected by ORS 166.250.
(1)
ORS 166.250 does not apply to or affect:
(a) Sheriffs,
constables, marshals, parole and probation officers, police officers,
whether active or honorably retired, or other duly appointed peace
officers.
(b) Any person
summoned by any such officer to assist in making arrests or preserving
the peace, while said person so summoned is actually engaged in
assisting the officer.
(c) The possession
or transportation by any merchant of unloaded firearms as merchandise.
(d) Active or
reserve members of the Army, Navy, Air Force, Coast Guard or Marine
Corps of the United States, or of the National Guard, when on duty.
(e) Organizations
which are by law authorized to purchase or receive weapons described in
ORS 166.250 from the United States, or from this state.
(f) Duly authorized
military or civil organizations while parading, or the members thereof
when going to and from the places of meeting of their organization.
(g) A corrections
officer while transporting or accompanying an individual convicted of or
arrested for an offense and confined in a place of incarceration or
detention while outside the confines of the place of incarceration or
detention.
(h) A person who is
licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
(2) It is an
affirmative defense to a charge of violating ORS 166.250 (1)(c)(C) that
the person has been granted relief from the disability under ORS
166.274.
(3) Except for
persons who are otherwise prohibited from possessing a firearm under ORS
166.250 (1)(c) or 166.270, ORS 166.250 does not apply to or affect:
(a) Members of any
club or organization, for the purpose of practicing shooting at targets
upon the established target ranges, whether public or private, while
such members are using any of the firearms referred to in ORS 166.250
upon such target ranges, or while going to and from such ranges.
(b) Licensed hunters
or fishermen while engaged in hunting or fishing, or while going to or
returning from a hunting or fishing expedition. (4) The exceptions listed in subsection (1)(b) to (h) of this section constitute affirmative defenses to a charge of violating ORS 166.250.
ORS 166.270 Possession of weapons by certain felons (Felon in Possession of a Firearm / Restricted Weapon).
(1)
Any person who has been convicted of a felony under the law of this
state or any other state, or who has been convicted of a felony under
the laws of the Government of the United States, who owns or has in the
person’s possession or under the person’s custody or control any firearm
commits the crime of felon in possession of a firearm.
(2) Any person who
has been convicted of a felony under the law of this state or any other
state, or who has been convicted of a felony under the laws of the
Government of the United States, who owns or has in the person’s
possession or under the person’s custody or control any instrument or
weapon having a blade that projects or swings into position by force of
a spring or by centrifugal force or any blackjack, slungshot, sandclub,
sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption
Technology device as defined in ORS 165.540, or who carries a dirk,
dagger or stiletto, commits the crime of felon in possession of a
restricted weapon.
(3) For the purposes
of this section, a person “has been convicted of a felony” if, at the
time of conviction for an offense, that offense was a felony under the
law of the jurisdiction in which it was committed. Such conviction shall
not be deemed a conviction of a felony if:
(a) The court
declared the conviction to be a misdemeanor at the time of judgment; or
(b) The offense was
possession of marijuana and the conviction was prior to January 1, 1972.
(4) Subsection (1)
of this section does not apply to any person who has been:
(a) Convicted of
only one felony under the law of this state or any other state, or who
has been convicted of only one felony under the laws of the United
States, which felony did not involve criminal homicide, as defined in
ORS 163.005, or the possession or use of a firearm or a weapon having a
blade that projects or swings into position by force of a spring or by
centrifugal force, and who has been discharged from imprisonment, parole
or probation for said offense for a period of 15 years prior to the date
of alleged violation of subsection (1) of this section; or
(b) Granted relief
from the disability under 18 U.S.C. 925(c) or ORS 166.274 or has had the
person’s record expunged under the laws of this state or equivalent laws
of another jurisdiction. (5) Felon [ex-con] in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor.
ORS 166.272 Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers.
(1)
A person commits the crime of unlawful possession of a machine gun,
short-barreled rifle, short-barreled shotgun or firearms silencer if the
person knowingly possesses any machine gun, short-barreled rifle,
short-barreled shotgun or firearms silencer.
(2)
Unlawful possession of a machine gun, short-barreled rifle,
short-barreled shotgun or firearms silencer is a Class B felony.
(3)
A peace officer may not arrest or charge a person for violating
subsection (1) of this section if the person has in the person’s
immediate possession documentation showing that the machine gun,
short-barreled rifle, short-barreled shotgun or firearms silencer is
registered as required under federal law. (4) It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer was registered as required under federal law.
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