Offenses Against Public Order

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]

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)

Chapter 166

Law Review Citations

51 OLR 427-637 (1972); 69 OLR 169 (1990)


Source

Last accessed
Jun. 26, 2021