ORS 166.270: Possession of weapons by certain felons.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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]
This rule cites
- ORS 165.540 — resolved
- ORS 163.005 — resolved
- ORS 166.274 — resolved
Cited by
- ORS 10.030: Eligibility for jury service; discrimination prohibited.
- ORS 131.602: Prohibited conduct for purposes of instrumentalities of crime.
- ORS 166.210: Definitions.
- ORS 166.250: Unlawful possession of firearms.
- ORS 166.410: Manufacture, importation or sale of firearms.
- ORS 166.715: Definitions for ORS 166.715 to 166.735.
- ORS 475.900: Crime category classification; proof of commercial drug offense.
- OAR 213-017-0006: Crime Category 6
- OAR 257-050-0145: Felony Convictions
- OAR 575-007-0280: Potentially Disqualifying Crimes
- OAR 836-072-0020: Crimes Relevant to a Fitness Determination
- OAR 863-005-0030: Crimes Relevant to a Criminal Background Fitness Determination
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors166.html