reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.076 - Abuse of a memorial to the dead.

(1) A person commits the crime of abuse of a memorial to the dead if the person:
(a) Intentionally destroys, mutilates, defaces, injures or removes any:
(A) Tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead; or
(B) Fence, railing, curb or other thing intended for the protection or for the ornamentation of any structure or thing listed in subparagraph (A) of this paragraph;
(b) Intentionally destroys, mutilates, removes, cuts, breaks or injures any tree, shrub or plant within any structure listed in paragraph (a) of this subsection; or
(c) Buys, sells or transports any object listed in paragraph (a) of this subsection that was stolen from a historic cemetery knowing that the object is stolen.
(2) Abuse of a memorial to the dead is a Class A misdemeanor.
(3)(a) Notwithstanding ORS 161.635, the maximum fine that a court may impose for abuse of a memorial to the dead is $50,000 if:
(A) The person violates subsection (1)(a) of this section and the object destroyed, mutilated, defaced, injured or removed is or was located in a historic cemetery; or
(B) The person violates subsection (1)(c) of this section.
(b) In addition to any other sentence a court may impose, if a defendant is convicted of violating this section under the circumstances described in paragraph (a)(A) of this subsection, the court shall consider ordering the defendant to pay restitution. The court shall base the amount of restitution on the historical value of the object destroyed, mutilated, defaced, injured or removed.
(4) This section does not apply to a person who is the burial right owner or that person’s representative, an heir at law of the deceased, or a person having care, custody or control of a cemetery by virtue of law, contract or other legal right, if the person is acting within the scope of the person’s legal capacity and the person’s actions have the effect of maintaining, protecting or improving the tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead.
(5) As used in this section, "historic cemetery" means a cemetery that is listed with the Oregon Commission on Historic Cemeteries under ORS 97.782. [1995 c.261 §1; 1999 c.731 §12; 2003 c.291 §1; 2005 c.22 §113]
Note:
166.076 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.085 - Abuse of corpse in the second degree.

(1) A person commits the crime of abuse of corpse in the second degree if, except as otherwise authorized by law, the person intentionally:
(a) Abuses a corpse; or
(b) Disinters, removes or carries away a corpse.
(2) Abuse of corpse in the second degree is a Class C felony.
(3) As used in this section and ORS 166.087, "abuse of corpse" includes treatment of a corpse by any person in a manner not recognized by generally accepted standards of the community or treatment by a professional person in a manner not generally accepted as suitable practice by other members of the profession, as may be defined by rules applicable to the profession. [1971 c.743 §225; 1985 c.207 §2; 1993 c.294 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.087 - Abuse of corpse in the first degree.

(1) A person commits the crime of abuse of corpse in the first degree if the person:
(a) Engages in sexual activity with a corpse or involving a corpse; or
(b) Dismembers, mutilates, cuts or strikes a corpse.
(2) Abuse of corpse in the first degree is a Class B felony. [1993 c.294 §2]
Note:
166.087 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.090 - Telephonic harassment.

(1) A telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person:
(a) By causing the telephone of the other person to ring, such caller having no communicative purpose;
(b) By causing such other person’s telephone to ring, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone; or
(c) By sending to, or leaving at, the other person’s telephone a text message, voice mail or any other message, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone.
(2) Telephonic harassment is a Class B misdemeanor.
(3) It is an affirmative defense to a charge of violating subsection (1) of this section that the caller is a debt collector, as defined in ORS 646.639, who engaged in the conduct proscribed by subsection (1) of this section while attempting to collect a debt. The affirmative defense created by this subsection does not apply if the debt collector committed the unlawful collection practice described in ORS 646.639 (2)(a) while engaged in the conduct proscribed by subsection (1) of this section. [1987 c.806 §2; 1999 c.115 §1; 2005 c.752 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.095 - Misconduct with emergency telephone calls.

(1) A person commits the crime of misconduct with emergency telephone calls if the person:
(a) Intentionally refuses to relinquish immediately a party line or public pay telephone after being informed that it is needed for an emergency call; or
(b) Requests another to relinquish a party line or public pay telephone to place an emergency call with knowledge that no such emergency exists.
(2) As used in this section:
(a) "Emergency call" means a telephone call to a police or fire department, or for medical aid or ambulance service, necessitated by a situation in which human life or property is in jeopardy and prompt summoning of aid is essential.
(b) "Party line" means a subscriber’s line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.
(3) Every telephone directory that is distributed to members of the general public in this state shall contain in a prominent place a notice of the offense punishable by this section.
(4) Misconduct with emergency telephone calls is a Class B misdemeanor. [1971 c.743 §288; 2005 c.22 §114]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.116 - Interfering with public transportation.

(1) A person commits the crime of interfering with public transportation if the person:
(a) Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station;
(b) Intentionally or knowingly interferes with the provision or use of public transportation services by, among other things, interfering with the movement of, or access to, public transit vehicles;
(c) While in or on a public transit vehicle or public transit station, engages in disorderly conduct in the second degree as defined in ORS 166.025; or
(d) Subjects a public transportation passenger, employee, agent or security officer or transit police officer to offensive physical contact.
(2)(a)(A) Interfering with public transportation as provided in subsection (1)(a) of this section is a Class C misdemeanor.
(B) Notwithstanding subparagraph (A) of this paragraph, interfering with public transportation as provided in subsection (1)(a) of this section is a Class A misdemeanor if the person has three or more prior convictions for interfering with public transportation as provided in subsection (1)(a) of this section.
(b) Interfering with public transportation as provided in subsection (1)(b) to (d) of this section is a Class A misdemeanor.
(3) As used in this section:
(a) "Enter or remain unlawfully" has the meaning given that term in ORS 164.205.
(b) "Public transit station" includes all facilities, structures, lands and rights of way that are owned, leased, held or used for the purposes of providing public transportation services.
(c) "Public transit vehicle" means a vehicle that is used for public transportation or operated by or under contract to any public body in order to provide public transportation.
(d) "Public transportation" means transportation provided by a city, county, special district or any other political subdivision or municipal or public corporation. [2001 c.851 §3 (enacted in lieu of 166.115); 2005 c.631 §4; 2017 c.454 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.119 - Interfering with a health care facility.

(1) A person commits the crime of interfering with a health care facility if the person intentionally, knowingly or recklessly interferes with access to or from a health care facility, or disrupts the normal functioning of a health care facility, by:
(a) Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located;
(b) Making noise that unreasonably disturbs the peace within the facility;
(c) Trespassing on the facility or the common areas of the real property upon which the facility is located;
(d) Causing the telephone of the facility to ring, vibrate or otherwise alert by visual or auditory means if:
(A) The person has no communicative purpose; or
(B) The person knows that the person has been forbidden from causing the telephone to ring, vibrate or alert by an individual exercising lawful authority over the receiving telephone; or
(e) Subjecting an owner, agent, patient or employee of the facility to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that individual or to commit a felony involving the individual, the property of the individual or a member of the individual’s family, when the threat would reasonably be expected to cause alarm.
(2) Interfering with a health care facility is a Class A misdemeanor.
(3)(a) No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.
(b) Nothing in this section prohibits lawful picketing, lawful protesting or peaceful assembly, or other publicity for the purpose of providing the public with information.
(4) In a criminal proceeding based on a charge described in this section, the court shall take all steps reasonably necessary to safeguard the individual’s privacy and prevent harassment of a health care patient or health care provider who is a victim or witness in the proceeding, including granting protective orders and motions in limine when appropriate.
(5) As used in this section:
(a) "Health care facility" means a facility that provides health care services directly to patients, including but not limited to a hospital, clinic, health care provider’s office, health maintenance organization, diagnostic or treatment center, mental health facility, hospice or nursing home.
(b) "Health care provider" means an individual licensed, certified, registered or otherwise authorized to practice by a board, as defined in ORS 413.164, or an officer, director, employee or agent of a health care facility. [2023 c.228 §45]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.122 - Definitions for ORS 166.122 to 166.128.

As used in ORS 166.122 to 166.128:
(1) "Critical infrastructure" means a gas, electric or water utility system, an electric substation, a pipeline or other conveyance for carrying gas, natural gas or fuel, a fiber optic cable network, a base transceiver station or other wireless communication infrastructure, a data center, or a dam, bridge, road, airport, marina or rail line.
(2) "Destructive device" has the meaning given that term in ORS 166.382.
(3) "Toxic substance" means any radiological, biological, pathogenic or chemical substance that may cause death or serious physical injury if ingested, inhaled, consumed or absorbed by a human being.
(4) "Widespread" means impacting at least 50 human beings. [2023 c.608 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.125 - Domestic terrorism in the first degree.

(1) A person commits the crime of domestic terrorism in the first degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:
(a) Intentionally destroys or substantially damages critical infrastructure; or
(b) Intentionally introduces, releases or disperses a toxic substance into widespread contact with human beings.
(2) Domestic terrorism in the first degree is a Class B felony.
(3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the first degree as crime category 9 of the sentencing guidelines grid of the commission. [2023 c.608 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.128 - Domestic terrorism in the second degree.

(1) A person commits the crime of domestic terrorism in the second degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:
(a) Intentionally possesses a toxic substance with the intent to introduce the substance into widespread contact with human beings;
(b) Intentionally possesses a destructive device with the intent to destroy or substantially damage critical infrastructure;
(c) Intentionally attempts to destroy or substantially damage critical infrastructure; or
(d) Intentionally attempts to introduce, release or disperse a toxic substance into widespread contact with human beings.
(2) Domestic terrorism in the second degree is a Class C felony.
(3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the second degree as crime category 7 of the sentencing guidelines grid of the commission. [2023 c.608 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.155 - Bias crime in the second degree.

(1) A person commits a bias crime in the second degree if the person:
(a) Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another person because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin;
(b) Intentionally subjects another person to offensive physical contact because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin; or
(c) Intentionally, because of the person’s perception of race, color, religion, gender identity, sexual orientation, disability or national origin of another person or of a member of the other person’s family, subjects the other person to alarm by threatening:
(A) To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the other person’s family; or
(B) To cause substantial damage to the property of the other person or of a member of the other person’s family.
(2) A bias crime in the second degree is a Class A misdemeanor.
(3) As used in this section and ORS 166.165:
(a) "Gender identity" means an individual’s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth.
(b) "Property" means any tangible personal property or real property. [1981 c.785 §1; 1983 c.521 §1; 1989 c.1029 §1; 2007 c.100 §18; 2011 c.421 §1; 2019 c.553 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.165 - Bias crime in the first degree.

(1) A person commits a bias crime in the first degree if the person:
(a) Intentionally, knowingly or recklessly causes physical injury to another person because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin;
(b) With criminal negligence causes physical injury to another person by means of a deadly weapon because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin; or
(c) Intentionally, because of the person’s perception of another person’s race, color, religion, gender identity, sexual orientation, disability or national origin, places another person in fear of imminent serious physical injury.
(2) A bias crime in the first degree is a Class C felony. [1981 c.785 §2; 1983 c.521 §2; 1989 c.1029 §2; 1993 c.332 §1; 1995 c.79 §53; 1997 c.249 §50; 2007 c.100 §19; 2011 c.421 §2; 2019 c.553 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.167 - Community service as sentence for bias crime.

If a court sentences a person to community service for a violation of ORS 166.155 or 166.165 and the conduct that was the subject of the violation occurred while on the waters of this state or on publicly owned land used for outdoor recreation, the community service may include:
(1) Habitat restoration or restoration or maintenance of outdoor recreation facilities under the supervision of the State Parks and Recreation Department, the State Department of Fish and Wildlife or the State Marine Board; and
(2) Anti-bias training. [2021 c.393 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.170 - State preemption.

(1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.
(2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.171 - Authority of county to regulate discharge of firearms.

(1) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries.
(2) Ordinances adopted under subsection (1) of this section may not apply to or affect:
(a) A person discharging a firearm in the lawful defense of person or property.
(b) A person discharging a firearm in the course of lawful hunting.
(c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger adjacent persons or property.
(d) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.
(e) A person discharging a firearm in the course of target shooting on public land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property.
(f) 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. [1995 s.s. c.1 §2; 2009 c.556 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.172 - Authority of city to regulate discharge of firearms.

(1) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city’s boundaries.
(2) Ordinances adopted under subsection (1) of this section may not apply to or affect:
(a) A person discharging a firearm in the lawful defense of person or property.
(b) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.
(c) 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. [1995 s.s. c.1 §3; 2009 c.556 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.173 - Authority of city or county to regulate possession of loaded firearms in public places.

(1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.
(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
(a) A law enforcement officer.
(b) A member of the military in the performance of official duty.
(c) A person licensed to carry a concealed handgun.
(d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.
(e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife.
(f) An honorably retired law enforcement officer, unless the person who is a retired law enforcement officer has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292. [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3; 2015 c.709 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.174 - Authority of city, county, municipal corporation or district to regulate possession or sale of firearms.

Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.175 - Authority of city to regulate purchase of used firearms.

(1) Notwithstanding any other provision of law, a city may continue to regulate the purchase of used firearms by pawnshops and secondhand stores.
(2) As used in this section, "secondhand store" means a store or business whose primary source of revenue is the sale of used merchandise. [1995 s.s. c.1 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.176 - Exception to preemption for certain county ordinances.

(1) Nothing in ORS 166.170 or 166.171 is intended to preempt, invalidate or in any way affect the operation of any provision of a county ordinance that was in effect on November 2, 1995, to the extent that the provision:
(a) Established a procedure for regulating, restricting or prohibiting the discharge of firearms; or
(b) Regulated, restricted or prohibited the discharge of firearms.
(2) Subsection (1) of this section does not apply to:
(a) Ordinances regulating, restricting or prohibiting the discharge of firearms on a shooting range or in a shooting gallery or other area designed and built for the purpose of target shooting.
(b) 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. [1997 c.403 §1; 2009 c.556 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 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. [Formerly 163.310; 2011 c.597 §162]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 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. Justice courts have jurisdiction concurrent with the circuit court of the trial of violations of this section. When any person is charged before a justice court with violation of this section, the court shall, upon motion of the district attorney, at any time before trial, act as a committing magistrate, and if probable cause be established, hold such person to the grand jury. [Formerly 163.320]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.220 - Unlawful use of weapon.

(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. [Amended by 1975 c.700 §1; 1985 c.543 §1; 1991 c.797 §1; 2009 c.556 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.240 - Carrying of concealed weapons.

(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. [Amended by 1977 c.454 §1; 1985 c.543 §2; 1989 c.839 §21; 1999 c.1040 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.255 - Possession of firearm or ammunition by certain persons prohibited.

(1) It is unlawful for a person to knowingly possess a firearm or ammunition if:
(a) The person is the subject of a court order that:
(A)(i) Was issued or continued after a hearing for which the person had actual notice and during the course of which the person had an opportunity to be heard; or
(ii) Was issued, continued or remains in effect, by order or operation of law, after the person received notice of the opportunity to request a hearing in which to be heard on the order, and either requested a hearing but did not attend the hearing or withdrew the request before the hearing occurred, or did not request a hearing during the time period in which the opportunity was available;
(B) Restrains the person from stalking, intimidating, molesting or menacing a family or household member of the person, a child of a family or household member of the person or a child of the person; and
(C) Includes a finding that the person represents a credible threat to the physical safety of a family or household member of the person, a child of a family or household member of the person or a child of the person;
(b) The person has been convicted of a qualifying misdemeanor and, at the time of the offense, the person was:
(A) A family or household member of the victim of the offense; or
(B) A parent or guardian of the victim of the offense; or
(c) The person has been convicted of stalking under ORS 163.732.
(2) The prohibition described in subsection (1)(a) of this section does not apply with respect to the transportation, shipment, receipt, possession or importation of any firearm or ammunition imported for, sold or shipped to or issued for the use of the United States Government or any federal department or agency, or any state or department, agency or political subdivision of a state.
(3) As used in this section:
(a) "Convicted" means:
(A) The person was represented by counsel or knowingly and intelligently waived the right to counsel;
(B) The case was tried to a jury, if the crime was one for which the person was entitled to a jury trial, or the person knowingly and intelligently waived the person’s right to a jury trial; and
(C) The conviction has not been set aside or expunged, and the person has not been pardoned.
(b) "Deadly weapon" has the meaning given that term in ORS 161.015.
(c) "Family or household member" has the meaning given that term in ORS 135.230.
(d) "Possess" has the meaning given that term in ORS 161.015.
(e) "Qualifying misdemeanor" means a misdemeanor that has, as an element of the offense, the use or attempted use of physical force or the threatened use of a deadly weapon. [2015 c.497 §2; 2018 c.5 §1; 2019 c.201 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.257 - Return of relinquished firearm.

(1) Upon receiving a request to return a firearm or ammunition relinquished to a law enforcement agency pursuant to ORS 166.256, the law enforcement agency shall:
(a) Notify the Department of Justice of the return request for the purposes of notifying the petitioner of the order; and
(b) Hold the firearm or ammunition for 72 hours after receiving the request.
(2) Prior to returning the firearm or ammunition, the law enforcement agency shall:
(a) Confirm that the person to whom the law enforcement agency will return the firearm or ammunition is the lawful owner of the firearm or ammunition, or a person with a possessory right to the firearm or ammunition; and
(b) Perform a criminal background check as defined in ORS 166.432 to confirm that the person is not prohibited from possessing a firearm or ammunition under state or federal law. [2019 c.201 §5]
Note:
See note under 166.256.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.260 - Persons not affected by ORS 166.250.

(1) ORS 166.250 does not apply to or affect:
(a) A parole and probation officer, police officer or reserve officer, as those terms are defined in ORS 181A.355.
(b) A federal officer, as defined in ORS 133.005, or a certified reserve officer or corrections officer, as those terms are defined in ORS 181A.355, while the federal officer, certified reserve officer or corrections officer is acting within the scope of employment.
(c) An honorably retired law enforcement officer, unless the person who is a retired law enforcement officer has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292.
(d) Any person summoned by an officer described in paragraph (a) or (b) of this subsection to assist in making arrests or preserving the peace, while the summoned person is engaged in assisting the officer.
(e) The possession or transportation by any merchant of unloaded firearms as merchandise.
(f) Active or reserve members of:
(A) The Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the National Guard, when on duty;
(B) The commissioned corps of the National Oceanic and Atmospheric Administration; or
(C) The Public Health Service of the United States Department of Health and Human Services, when detailed by proper authority for duty with the Army or Navy of the United States.
(g) Organizations which are by law authorized to purchase or receive weapons described in ORS 166.250 from the United States, or from this state.
(h) Duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their organization.
(i) 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)(d) to (i) of this section constitute affirmative defenses to a charge of violating ORS 166.250. [Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1; 1995 c.670 §2; 1999 c.1040 §3; 2009 c.316 §2; 2009 c.499 §4; 2012 c.106 §3; 2015 c.709 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.262 - Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370.

A peace officer may not arrest or charge a person for violating ORS 166.250 (1)(a) or (b) or 166.370 (1)(a) if the person has in the person’s immediate possession:
(1) A valid license to carry a firearm as provided in ORS 166.291 and 166.292, unless the person possesses a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year or on school grounds subject to a policy described in ORS 166.377;
(2) Proof that the person is a law enforcement officer; or
(3) Proof that the person is an honorably retired law enforcement officer, unless the person has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292. [1999 c.1040 §5; 2015 c.709 §3; 2021 c.146 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.263 - Authority of parole and probation officer to carry firearm.

When authorized by the officer’s employer, a parole and probation officer, as defined in ORS 181A.355, may carry a firearm while engaged in official duties if the officer has completed:
(1) A firearms training program recognized by the Board on Public Safety Standards and Training; and
(2) A psychological screening. [1995 c.670 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.265 - Manufacture, importation, sale or transfer of undetectable firearm.

(1)(a) A person may not knowingly manufacture or cause to be manufactured within this state, import into this state, or offer for sale, sell or transfer, an undetectable firearm.
(b) A violation of paragraph (a) of this subsection is a Class B felony.
(2)(a) A person may not knowingly possess an undetectable firearm.
(b)(A) A violation of paragraph (a) of this subsection is a Class A misdemeanor.
(B) Notwithstanding subparagraph (A) of this paragraph, a violation of paragraph (a) of this subsection is a Class B felony if, at the time of the offense, the person has one or more prior convictions under this section or ORS 166.266 or 166.267.
(3) A person convicted under this section shall forfeit the undetectable firearm.
(4) As used in this section, "prior conviction" includes a conviction for a violation offense. [2023 c.229 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.270 - Possession of weapons by certain felons.

(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 in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987 c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16; 2003 c.14 §64; 2009 c.189 §1; 2009 c.499 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 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. [1989 c.839 §13a; 1997 c.749 §8; 1997 c.798 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.275 - Possession of weapons by inmates of institutions.

Any person committed to any institution who, while under the jurisdiction of any institution or while being conveyed to or from any institution, possesses or carries upon the person, or has under the custody or control of the person any dangerous instrument, or any weapon including but not limited to any blackjack, slingshot, billy, sand club, metal knuckles, explosive substance, dirk, dagger, sharp instrument, pistol, revolver or other firearm without lawful authority, is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the custody of the Department of Corrections for a term not more than 20 years. [1953 c.533 §1; 1987 c.320 §88]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.279 - Forfeiture of deadly weapons.

(1) Except as provided in subsection (4) of this section, ORS 131.550 to 131.600 do not apply to the forfeiture of a firearm or other deadly weapon that was possessed, used or available for use to facilitate a criminal offense.
(2) Except as provided in subsection (3) of this section, at the time of sentencing for any criminal offense in which a firearm or other deadly weapon was possessed, used or available for use to facilitate the offense, the court shall declare the weapon to be contraband and order that the weapon be forfeited.
(3) If a firearm or other deadly weapon that was possessed, used or available for use to facilitate a criminal offense was stolen from its lawful owner and was recovered from a person other than the lawful owner, the court may not order that the weapon be forfeited but shall order that the weapon be restored to the lawful owner as soon as the weapon is no longer needed for evidentiary purposes.
(4) The court shall release a firearm or other deadly weapon forfeited under subsection (2) of this section to the law enforcement agency that seized the weapon. The law enforcement agency may destroy or sell the weapon, use the weapon as a service weapon or use the weapon for training, identification or demonstration purposes. When a weapon is sold pursuant to this subsection, the law enforcement agency shall pay the proceeds from the sale, less the costs of the sale, as provided in ORS 131.594 and 131.597.
(5) As used in this section, "deadly weapon" has the meaning given that term in ORS 161.015. [2003 c.614 §4; 2005 c.830 §24]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering › Section 166.282 - Sale of weapons by political subdivision; disposition of proceeds.

(1) A political subdivision in this state that sells a weapon described in subsection (2) of this section shall pay the proceeds from the sale of the weapon, less the costs of the sale, to the account of the police agency that received the weapon, to be used for purposes of public safety, law enforcement and crime prevention and detection.
(2) Subsection (1) of this section applies to a weapon that is donated to the police agency. [1997 c.693 §1; 2001 c.666 §§25,37; 2003 c.614 §5]