Possession of firearm or ammunition by certain persons prohibited
(1)It is unlawful for a person to knowingly possess a firearm or ammunition if:
(a)The person is the subject of a court order that:
(A)(i) Was issued or continued after a hearing for which the person had actual notice and during the course of which the person had an opportunity to be heard; or
(ii)Was issued, continued or remains in effect, by order or operation of law, after the person received notice of the opportunity to request a hearing in which to be heard on the order, and either requested a hearing but did not attend the hearing or withdrew the request before the hearing occurred, or did not request a hearing during the time period in which the opportunity was available;
(B)Restrains the person from stalking, intimidating, molesting or menacing a family or household member of the person, a child of a family or household member of the person or a child of the person; and
(C)Includes a finding that the person represents a credible threat to the physical safety of a family or household member of the person, a child of a family or household member of the person or a child of the person;
(b)The person has been convicted of a qualifying misdemeanor and, at the time of the offense, the person was:
(A)A family or household member of the victim of the offense; or
(B)A parent or guardian of the victim of the offense; or
(c)The person has been convicted of stalking under ORS 163.732 (Stalking).
(2)The prohibition described in subsection (1)(a) of this section does not apply with respect to the transportation, shipment, receipt, possession or importation of any firearm or ammunition imported for, sold or shipped to or issued for the use of the United States Government or any federal department or agency, or any state or department, agency or political subdivision of a state.
(3)As used in this section:
(A)The person was represented by counsel or knowingly and intelligently waived the right to counsel;
(B)The case was tried to a jury, if the crime was one for which the person was entitled to a jury trial, or the person knowingly and intelligently waived the person’s right to a jury trial; and
(C)The conviction has not been set aside or expunged, and the person has not been pardoned.
(b)“Deadly weapon” has the meaning given that term in ORS 161.015 (General definitions).
(c)“Family or household member” has the meaning given that term in ORS 135.230 (Definitions for ORS 135.230 to 135.290).
(d)“Possess” has the meaning given that term in ORS 161.015 (General definitions).
(e)“Qualifying misdemeanor” means a misdemeanor that has, as an element of the offense, the use or attempted use of physical force or the threatened use of a deadly weapon. [2015 c.497 §2; 2018 c.5 §1; 2019 c.201 §1]
Law Review Citations
51 OLR 427-637 (1972); 69 OLR 169 (1990)