Offenses Against Public Order

ORS 166.272
Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers

(1)

A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person knowingly possesses any machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer.

(2)

Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B felony.

(3)

A peace officer may not arrest or charge a person for violating subsection (1) of this section if the person has in the person’s immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is registered as required under federal law.

(4)

It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer was registered as required under federal law. [1989 c.839 §13a; 1997 c.749 §8; 1997 c.798 §1]

Notes of Decisions

Nonregistration of weapon is element of crime to be affirmatively proven by state. State v. Vasquez-Rubio, 134 Or App 646, 897 P2d 324 (1995), aff'd 323 Or 275, 917 P2d 494 (1996)

§§ 166.270 to 166.274

Law Review Citations

26 WLR 566 (1990)

Chapter 166

Law Review Citations

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

Source

Last accessed
Jun. 26, 2021

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