ORS 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]

Source: Section 166.170 — State preemption, https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html.

Notes of Decisions

“Ordinance” means regulation, restriction or prohibition that government entity legislatively enacts. Doe v. Medford School District 549C, 232 Or App 38, 221 P3d 787 (2009)

Statute preempts only legislative enactments of local or regional government entities. Doe v. Medford School District 549C, 232 Or App 38, 221 P3d 787 (2009)

Preclusion under this statute is not limited to enactments by county, city or other local governments. Oregon Firearms v. Board of Higher Education, 245 Or App 713, 264 P3d 160 (2011)

This statute precludes State Board of Higher Education from adopting rule that regulates possession of firearms and that applies to any person on property under board’s jurisdiction unless rule is otherwise authorized by legislative action. Oregon Firearms v. Board of Higher Education, 245 Or App 713, 264 P3d 160 (2011)

Ordinance purporting to nullify firearm regulations enacted by Legislative Assembly within county is preempted by this section. Board of County Comm. of Columbia County v. Rosenblum, 324 Or App 221, 526 P3d 798 (2023)

166.005
Treason 166.015
Riot 166.023
Disorderly conduct in the first degree 166.025
Disorderly conduct in the second degree 166.065
Harassment 166.070
Aggravated harassment 166.075
Abuse of venerated objects 166.076
Abuse of a memorial to the dead 166.085
Abuse of corpse in the second degree 166.087
Abuse of corpse in the first degree 166.090
Telephonic harassment 166.095
Misconduct with emergency telephone calls 166.116
Interfering with public transportation 166.119
Interfering with a health care facility 166.122
Definitions for ORS 166.122 to 166.128 166.125
Domestic terrorism in the first degree 166.128
Domestic terrorism in the second degree 166.155
Bias crime in the second degree 166.165
Bias crime in the first degree 166.167
Community service as sentence for bias crime 166.170
State preemption 166.171
Authority of county to regulate discharge of firearms 166.172
Authority of city to regulate discharge of firearms 166.173
Authority of city or county to regulate possession of loaded firearms in public places 166.174
Authority of city, county, municipal corporation or district to regulate possession or sale of firearms 166.175
Authority of city to regulate purchase of used firearms 166.176
Exception to preemption for certain county ordinances 166.180
Negligently wounding another 166.190
Pointing firearm at another 166.210
Definitions 166.220
Unlawful use of weapon 166.240
Carrying of concealed weapons 166.250
Unlawful possession of firearms 166.255
Possession of firearm or ammunition by certain persons prohibited 166.256
Relinquishment of firearm upon person becoming subject to certain court orders 166.257
Return of relinquished firearm 166.259
Relinquishment of firearm upon conviction of certain offenses 166.260
Persons not affected by ORS 166.250 166.262
Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370 166.263
Authority of parole and probation officer to carry firearm 166.265
Manufacture, importation, sale or transfer of undetectable firearm 166.266
Sale, transfer or possession of firearm without serial number 166.267
Importation, sale, transfer or possession of unfinished frame or receiver 166.270
Possession of weapons by certain felons 166.272
Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers 166.273
Relief from firearm prohibitions related to mental health 166.274
Relief from prohibition against possessing or receiving firearm 166.275
Possession of weapons by inmates of institutions 166.279
Forfeiture of deadly weapons 166.282
Sale of weapons by political subdivision 166.291
Issuance of concealed handgun license 166.292
Procedure for issuing 166.293
Denial or revocation of license 166.295
Renewal of license 166.297
Annual report regarding revocation of licenses 166.300
Killing or injuring another with firearm as cause for loss of right to bear arms 166.320
Setting springgun or setgun 166.330
Use of firearms with other than incombustible gun wadding 166.350
Unlawful possession of armor piercing ammunition 166.355
Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine 166.360
Definitions for ORS 166.360 to 166.380 166.370
Possession of firearm or dangerous weapon in public building or court facility 166.373
Possession of weapon in court facility by peace officer or federal officer 166.375
Possession of handgun or ammunition by Department of Corrections authorized staff member 166.377
Possession of firearms in certain public buildings by concealed handgun licensees 166.380
Examination of firearm by peace officer 166.382
Possession of destructive device prohibited 166.384
Unlawful manufacture of destructive device 166.385
Possession of hoax destructive device 166.390
Short title 166.392
Definitions 166.395
Securing firearms 166.397
Reporting loss or theft of firearm 166.400
Requirement that firearm be locked during transfer 166.403
Duty to supervise upon transfer of firearm to minor 166.405
Gun dealer notice requirement 166.410
Manufacture, importation or sale of firearms 166.412
Definitions 166.414
Fees for conducting criminal history record checks 166.416
Providing false information in connection with a transfer of a firearm 166.418
Improperly transferring a firearm 166.421
Stolen firearms 166.422
Enforcement of ORS 166.412 166.425
Unlawfully purchasing a firearm 166.427
Register of transfers of used firearms 166.429
Firearms used in felony 166.432
Definitions for ORS 166.412 and 166.433 to 166.441 166.433
Findings regarding transfers of firearms 166.434
Requirements for criminal background checks 166.435
Firearm transfers by unlicensed persons 166.436
Department of State Police criminal background checks for gun show firearm transfers 166.438
Transfer of firearms at gun shows 166.441
Form for transfer of firearm at gun show 166.445
Short title 166.450
Obliteration or change of identification number on firearms 166.460
Antique firearms excepted 166.470
Limitations and conditions for sales of firearms 166.480
Sale or gift of explosives to children 166.490
Purchase of firearms in certain other states 166.500
Findings 166.503
Definitions 166.505
Permits to purchase firearms 166.508
Denial of application 166.512
Severability 166.525
Definitions 166.527
Petition for ex parte order 166.530
Hearing on order 166.533
Hearing to terminate order 166.535
Renewal of order 166.537
Surrender of deadly weapons pursuant to order 166.540
Return of surrendered deadly weapons 166.543
Criminal penalties 166.630
Discharging weapon on or across highway, ocean shore recreation area or public utility facility 166.635
Discharging weapon or throwing objects at trains 166.638
Discharging weapon across airport operational surfaces 166.641
Definitions for ORS 166.641 to 166.643 166.642
Felon in possession of body armor 166.643
Unlawful possession of body armor 166.645
Hunting in cemeteries prohibited 166.649
Throwing an object off an overpass in the second degree 166.651
Throwing an object off an overpass in the first degree 166.660
Unlawful paramilitary activity 166.663
Casting artificial light from vehicle while possessing certain weapons prohibited 166.715
Definitions for ORS 166.715 to 166.735 166.720
Racketeering activity unlawful 166.725
Remedies for violation of ORS 166.720 166.730
Authority of investigative agency 166.735
Short title
Green check means up to date. Up to date

Current through early 2026

§ 166.170’s source at oregon​.gov