Call David Lesh today at 503.546.2928 if you need an experienced attorney to assist you with an Oregon firearm or other weapons charge.

Former prosecutor dedicated to criminal defense.
More than 40 years as an Oregon attorney.
Call today for a no cost consultation.
(503) 546-2928

THE OREGON CRIMINAL LAW GUIDE

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"I defend people facing firearms and other weapon charges in the State of Oregon."

OREGON FIREARMS AND WEAPONS OFFENSES

   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.

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

 

   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.  * * * * *

 

POSSIBLE SENTENCE
Probation Usually
Jail 10+ days

 

   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.

 

POSSIBLE SENTENCE
Probation Sometimes
Jail Often
Prison Sometimes

 

   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.

 

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

 

   ORS 166.250 Unlawful possession of firearms (UPFA). (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470 or section 5, chapter 826, Oregon Laws 2009, 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; or

   (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 mentally ill 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; or

   (F) Has been found guilty except for insanity under ORS 161.295 of a felony.

   (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 a 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.

 

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

 

   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.

 

POSSIBLE SENTENCE
Probation Sometimes
Jail Usually, unless  .  . .
Prison Sometimes

 

   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.

 

POSSIBLE SENTENCE
Probation Sometimes
Jail Usually, unless . . .
Prison Sometimes

The following offense applies only within the city limits of the City of Portland.

   PCC 14A.60.010 Possession of a Loaded Firearm in a Public Place.

 

   A.  It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the firearm.

 

   B.  It is unlawful for any person to knowingly possess or carry a firearm and that firearm’s clip or magazine, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the clip or magazine.

 

   C.  The following are exceptions and constitute affirmative defenses to a violation of this Section:

 

1.  A police officer or other duly appointed peace officers, whether active or honorably retired.

 

2.  A member of the military in the performance of official duty.

 

3.  A person licensed to carry a concealed handgun.

 

4.  A person authorized to possess a loaded firearm while in or on a public building under ORS 166.370.

 

5.  A government employee authorized or required by his or her employment or office to carry firearms.

 

6.  A person summoned by a police officer to assist in making arrests or preserving the peace, while such person is actually engaged in assisting the officer.

 

7.  A merchant who possesses or is engaged in lawfully transporting unloaded firearms as merchandise.

 

8.  Organizations which are by law authorized to purchase or receive weapons from the United States or from this state.

 

9.  Duly authorized military or civil organizations while parading, or their members when going to and from the places of meeting of their organization.

 

10.  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.

 

11.  Persons travelling to and from an established target range, whether public or private, for the purpose of practicing shooting targets at the target ranges.

 

12.  Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.

 

13.  A person authorized by permit of the Chief of Police to possess a loaded firearm, clip, or magazine in a public place in the City of Portland.

 

14.  A security guard employed at a financial institution insured by the Federal Deposit Insurance Corporation while the security guard is on duty.

 

   D.  It is unlawful for any person who possesses a firearm, clip or magazine in or upon a public place, or while in a vehicle in a public place, to refuse to permit a police officer to inspect that firearm after the police officer has identified him or herself as a police officer. This Section does not apply to law enforcement officers or members of the military in the performance of official duties, nor persons licensed to carry a concealed handgun or persons authorized to possess a loaded firearm, clip or magazine while in or on a public building or court facility.

 

   E.  Penalty

 

1.  In the absence of the aggravating factors listed in Subsection 14A.60.010 E.2., the court may impose a sentence of up to 6 months imprisonment and a fine not to exceed $500 for violation of this section.

 

2.  When this offense is committed by carrying a loaded firearm containing ammunition that employs gunpowder as a propellant in a vehicle, including a transit vehicle, the court must impose a mandatory minimum sentence of 30 days for violation of this Section.

 

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes


David N Lesh
Oregon Defense Lawyer
No cost initial consultation



503.546.2928
434 NW 19th Avenue
Portland, OR  97209


TIP: Most weapons offenses are expungeable.  Conviction typically results in the destruction of the firearm among other penalties.  Being an felon in possession of a firearm can result in a sentence of either probation or prison (depending on your record).