ORS 166.176
Exception to preemption for certain county ordinances


(1)

Nothing in ORS 166.170 (State preemption) or 166.171 (Authority of county to regulate discharge of firearms) 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]

Notes of Decisions

When read with ORS 166.170 and 166.171, savings clause in subsection (2)(a) of this section protects from preemption county ordinance that requires property owners to obtain permit to operate firearms training facility in timber conservation zone, which restrictions location of facility establishment but does not regulate use of firearms at established facility. Conrady v. Lincoln County, 260 Or App 115, 316 P3d 413 (2013), Sup Ct review denied

Chapter 166

Law Review Citations

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


Source
Last accessed
May. 15, 2020