Offenses Against Public Order

ORS 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]

Notes of Decisions

In wrongful death action, rule that violation of statute is negligence per se was not applicable where child who fatally fired weapon was under twelve years of age at time of shooting. Thomas v. Inman, 282 Or 279, 578 P2d 399 (1978)

Charging instrument alleging crime under this section need not plead lack of self defense, because use of such labels as "except" in charging statute, standing alone, does not require state to plead negation of the exception. State v. George, 72 Or App 135, 694 P2d 1011 (1985)

Where defendant purposely pointed unloaded pistol at Bureau of Indian Affairs Security Officer in violation of Oregon Statute, use of Assimilative Crimes Act was appropriate since federal statute did not punish precise acts upon which state law conviction depended and victim's testimony that defendant pointed gun at him was sufficient evidence that defendant acted "purposely" within meaning of Oregon statute. U.S. v. Kaufman, 862 F2d 236 (9th Cir. 1988)

Where defendant pointed loaded but inoperable firearm at police officer, because officer was not beyond distance to which firearm's shot or projectile may be propelled, officer was "within range" as used in this section. State v. Summers, 277 Or App 412, 371 P3d 1223 (2016), Sup Ct review denied

Law Review Citations

51 OLR 485 (1972)

Chapter 166

Law Review Citations

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


Source

Last accessed
Jun. 26, 2021