Offenses Against Public Order

ORS 166.210
Definitions


As used in ORS 166.250 (Unlawful possession of firearms) to 166.270 (Possession of weapons by certain felons), 166.291 (Issuance of concealed handgun license) to 166.295 (Renewal of license) and 166.410 (Manufacture, importation or sale of firearms) to 166.470 (Limitations and conditions for sales of firearms):

(1)

“Antique firearm” means:

(a)

Any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898; and

(b)

Any replica of any firearm described in paragraph (a) of this subsection if the replica:

(A)

Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

(B)

Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.

(2)

“Corrections officer” has the meaning given that term in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.670).

(3)

“Firearm” means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder.

(4)

“Firearms silencer” means any device for silencing, muffling or diminishing the report of a firearm.

(5)

“Handgun” means any pistol or revolver using a fixed cartridge containing a propellant charge, primer and projectile, and designed to be aimed or fired otherwise than from the shoulder.

(6)

“Machine gun” means a weapon of any description by whatever name known, loaded or unloaded, which is designed or modified to allow two or more shots to be fired by a single pressure on the trigger device.

(7)

“Minor” means a person under 18 years of age.

(8)

“Offense” has the meaning given that term in ORS 161.505 (“Offense” described).

(9)

“Parole and probation officer” has the meaning given that term in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.670).

(10)

“Peace officer” has the meaning given that term in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450).

(11)

“Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle if the weapon has an overall length of less than 26 inches.

(12)

“Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if the weapon has an overall length of less than 26 inches. [Amended by 1977 c.769 §1; 1979 c.779 §3; 1989 c.839 §1; 1993 c.735 §14; 1995 c.670 §3; 1999 c.1040 §2; 2001 c.666 §§32,44; 2003 c.614 §7; 2007 c.368 §1; 2009 c.610 §4]

Notes of Decisions

Definition of firearm "capable of being concealed upon the person" in this section does not limit same term in ORS 166.270 since such definition states that it does "apply to and include" firearms with barrels less than 12 inches long. State v. Miller, 87 Or App 439, 742 P2d 692 (1987)

Firearm is "readily capable" of use at weapon if firearm may promptly be made operational with reasonable speed. State v. Briney, 345 Or 505, 200 P3d 550 (2008)

Chapter 166

Law Review Citations

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


Source

Last accessed
Jun. 26, 2021