Offenses Against Public Order

ORS 166.470
Limitations and conditions for sales of firearms

(1)

Unless relief has been granted under ORS 166.273 (Relief from firearm prohibitions related to mental health) or 166.274 (Relief from prohibition against possessing or receiving firearm) or 18 U.S.C. 925(c) or the expunction laws of this state or an equivalent law of another jurisdiction, a person may not intentionally sell, deliver or otherwise transfer any firearm when the transferor knows or reasonably should know that the recipient:

(a)

Is under 18 years of age;

(b)

Has been convicted of a felony;

(c)

Has any outstanding felony warrants for arrest;

(d)

Is free on any form of pretrial release for a felony;

(e)

Was committed to the Oregon Health Authority under ORS 426.130 (Court determination of mental illness);

(f)

After January 1, 1990, was found to be a person with mental illness and subject to an order under ORS 426.130 (Court determination of mental illness) that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;

(g)

Has been convicted of a misdemeanor involving violence or found guilty except for insanity under ORS 161.295 (Effect of qualifying mental disorder) of a misdemeanor involving violence within the previous four years. As used in this paragraph, “misdemeanor involving violence” means a misdemeanor described in ORS 163.160 (Assault in the fourth degree), 163.187 (Strangulation), 163.190 (Menacing), 163.195 (Recklessly endangering another person) or 166.155 (Bias crime in the second degree) (1)(b);

(h)

Is presently subject to an order under ORS 426.133 (Assisted outpatient treatment) prohibiting the person from purchasing or possessing a firearm; or

(i)

Has been found guilty except for insanity under ORS 161.295 (Effect of qualifying mental disorder) of a felony.

(2)

A person may not sell, deliver or otherwise transfer any firearm that the person knows or reasonably should know is stolen.

(3)

Subsection (1)(a) of this section does not prohibit:

(a)

The parent or guardian, or another person with the consent of the parent or guardian, of a minor from transferring to the minor a firearm, other than a handgun; or

(b)

The temporary transfer of any firearm to a minor for hunting, target practice or any other lawful purpose.

(4)

Violation of this section is a Class A misdemeanor. [Amended by 1989 c.839 §3; 1991 c.67 §40; 1993 c.735 §11; 2001 c.828 §2; 2003 c.577 §7; 2009 c.499 §6; 2009 c.595 §115; 2009 c.826 §§8,11; 2013 c.360 §§10,11; 2015 c.50 §§17,18; 2015 c.201 §6]

Notes of Decisions

Provision of this section prohibiting sale or transfer of concealable firearm between nonlicensed persons when purchaser is “not personally known” to vendor was not, as section was interpreted, unconstitutionally vague. State v. Vasey, 80 Or App 765, 723 P2d 1068 (1986), Sup Ct review denied

Law Review Citations

26 WLR 566 (1990)

Source

Last accessed
Mar. 11, 2023

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