Offenses Against Public Order
Persons not affected by ORS 166.250
(1)ORS 166.250 (Unlawful possession of firearms) does not apply to or affect:
(a)A parole and probation officer, police officer or reserve officer, as those terms are defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.670).
(b)A federal officer, as defined in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450), or a certified reserve officer or corrections officer, as those terms are defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.670), while the federal officer, certified reserve officer or corrections officer is acting within the scope of employment.
(c)An honorably retired law enforcement officer, unless the person who is a retired law enforcement officer has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing).
(d)Any person summoned by an officer described in paragraph (a) or (b) of this subsection to assist in making arrests or preserving the peace, while the summoned person is engaged in assisting the officer.
(e)The possession or transportation by any merchant of unloaded firearms as merchandise.
(f)Active or reserve members of:
(A)The Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the National Guard, when on duty;
(B)The commissioned corps of the National Oceanic and Atmospheric Administration; or
(C)The Public Health Service of the United States Department of Health and Human Services, when detailed by proper authority for duty with the Army or Navy of the United States.
(g)Organizations which are by law authorized to purchase or receive weapons described in ORS 166.250 (Unlawful possession of firearms) from the United States, or from this state.
(h)Duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their organization.
(i)A person who is licensed under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) to carry a concealed handgun.
(2)It is an affirmative defense to a charge of violating ORS 166.250 (Unlawful possession of firearms) (1)(c)(C) that the person has been granted relief from the disability under ORS 166.274 (Relief from prohibition against possessing or receiving firearm).
(3)Except for persons who are otherwise prohibited from possessing a firearm under ORS 166.250 (Unlawful possession of firearms) (1)(c) or 166.270 (Possession of weapons by certain felons), ORS 166.250 (Unlawful possession of firearms) does not apply to or affect:
(a)Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 (Unlawful possession of firearms) upon such target ranges, or while going to and from such ranges.
(b)Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.
(4)The exceptions listed in subsection (1)(d) to (i) of this section constitute affirmative defenses to a charge of violating ORS 166.250 (Unlawful possession of firearms). [Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1; 1995 c.670 §2; 1999 c.1040 §3; 2009 c.316 §2; 2009 c.499 §4; 2012 c.106 §3; 2015 c.709 §2]
Notes of Decisions
Defense for member traveling to or from target range did not apply where defendant had intended, but failed, to go to range. State v. Honzel, 177 Or App 35, 33 P3d 346 (2001)
Atty. Gen. Opinions
Applicability of exemption to members of clubs enrolled in United States government marksmanship program, (1984) Vol. 44, p 350
Law Review Citations
51 OLR 427-637 (1972); 69 OLR 169 (1990)