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ORS 166.262 — Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 166.262 — Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370

166.262 Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370. A peace officer may not arrest or charge a person for violating ORS 166.250 (1)(a) or (b) or 166.370 (1)(a) if the person has in the person’s immediate possession: (1) A valid license to carry a firearm as provided in ORS 166.291 and 166.292, unless the person possesses a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year, within a building subject to a policy described in ORS 166.377 (3) or on school grounds subject to a policy described in ORS 166.377 (1); (2) Proof that the person is a law enforcement officer; or (3) Proof that the person is an honorably retired law enforcement officer, unless the person has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292. [1999 c.1040 §5; 2015 c.709 §3; 2021 c.146 §11; 2025 c.594 §5]

Source: Oregon Legislature — ORS 2025 Edition, Chapter 166 · ORS 166.262

Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.

Official chapter context and edition notices
Chapter 166 — Offenses Against Public Order; Firearms and Other Weapons; Racketeering Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables New sections of law were enacted by the Legislative Assembly during its 2026 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0120 2025 EDITION PUBLIC ORDER OFFENSES CRIMES AND PUNISHMENTS RIOT, DISORDERLY CONDUCT, HARASSMENT AND RELATED OFFENSES BIAS CRIME AUTHORITY TO REGULATE FIREARMS POSSESSION AND USE OF WEAPONS (Generally) (Possession of Weapons in Public Buildings or Court Facilities) (Destructive Devices) (Duties of Firearm Owners and Possessors) SALE OR TRANSFER OF FIREARMS EXTREME RISK PROTECTION ORDERS DISCHARGING WEAPONS POSSESSION OF BODY ARMOR MISCELLANEOUS RACKETEERING RIOT, DISORDERLY CONDUCT, HARASSMENT AND RELATED OFFENSES
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Stable record: oregon_criminal_law:legal_authorities:166.262
Source file: ors166.html
Pages: Not recorded – Not recorded
Passage SHA-256: 21002029080a9cd062c638dc5867d8868cf5b76e3b659f97e73e59baa5417a3c
Retained source evidence SHA-256: dd35e0da63555ebef88cc11cd6ae4309a37c3b744978829c3b2f00d59c0c08b8

Source location: ORS 166.262 (all printed versions and notes)

Stored source content

166.262 Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370. A peace officer may not arrest or charge a person for violating ORS 166.250 (1)(a) or (b) or 166.370 (1)(a) if the person has in the person’s immediate possession: (1) A valid license to carry a firearm as provided in ORS 166.291 and 166.292, unless the person possesses a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year, within a building subject to a policy described in ORS 166.377 (3) or on school grounds subject to a policy described in ORS 166.377 (1); (2) Proof that the person is a law enforcement officer; or (3) Proof that the person is an honorably retired law enforcement officer, unless the person has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292. [1999 c.1040 §5; 2015 c.709 §3; 2021 c.146 §11; 2025 c.594 §5]

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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 166.250 — Unlawful possession of firearms

166.250 Unlawful possession of firearms. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.273, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly: (a) Carries any firearm concealed upon the person; (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; (c) Possesses a firearm and: (A) Is under 18 years of age; (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section; (C) Has been convicted of a felony; (D) Was committed to the Oregon Health Authority under ORS 426.130; (E) Was found to be a person with mental illness and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; (F) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing or possessing a firearm; (G) Has been found guilty except for insanity under ORS 161.295 of a felony; or (H) The possession of the firearm by the person is prohibited under ORS 166.255; or (d) Possesses an unfinished frame or receiver and is prohibited from possessing firearms under paragraph (c) of this subsection. (2) This section does not prohibit: (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm: (A) Other than a handgun, if the firearm was transferred to the minor by the minor’s par

Source: Oregon Legislature — ORS 2025 Edition, Chapter 166 · ORS 166.250

Stored review status: 2025_edition_later_amendments_unresolved. Explicit ORS citation in the printed section; applicability is unreviewed.

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 166.291 — Issuance of concealed handgun license; application; fees; liability

166.291 Issuance of concealed handgun license; application; fees; liability. (1) The sheriff of a county, upon a person’s application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person: (a)(A) Is a citizen of the United States; or (B) Is a legal resident noncitizen who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license; (b) Is at least 21 years of age; (c) Is a resident of the county; (d) Has no outstanding warrants for arrest; (e) Is not free on any form of pretrial release; (f) Demonstrates competence with a handgun by any one of the following: (A) Completion of any hunter education or hunter safety course approved by the State Department of Fish and Wildlife or a similar agency of another state if handgun safety was a component of the course; (B) Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course; (C) Completion of any firearms safety or training course or class available to the general public offered by law enforcement, community college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or a law enforcement agency if handgun safety was a component of the course; (D) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigato

Source: Oregon Legislature — ORS 2025 Edition, Chapter 166 · ORS 166.291

Stored review status: 2025_edition_later_amendments_unresolved. Explicit ORS citation in the printed section; applicability is unreviewed.

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 166.377 — Possession of firearms in certain public buildings by concealed handgun licensees

166.377 Possession of firearms in certain public buildings by concealed handgun licensees. (1) The governing board of a public university listed in ORS 352.002, the Oregon Health and Science University Board of Directors, the governing board of a community college or a district school board as defined in ORS 332.002 may adopt a policy providing that the affirmative defense described in ORS 166.370 (3)(g), concerning persons licensed to carry a concealed handgun under ORS 166.291 and 166.292, does not apply to the possession of firearms on the grounds of the schools controlled by the board. (2) A board that adopts a policy under subsection (1) of this section shall: (a) Post a clearly visible sign, at all normal points of entry to the school grounds subject to the policy described in subsection (1) of this section, indicating that the affirmative defense described in ORS 166.370 (3)(g) does not apply. (b) Post a notice on the board’s website identifying all school grounds subject to the policy described in subsection (1) of this section. (3) The governing body of a city, a county or a district as defined in ORS 198.010 may adopt a policy, ordinance or regulation providing that the affirmative defense described in ORS 166.370 (3)(g), concerning persons licensed to carry a concealed handgun under ORS 166.291 and 166.292, does not apply to the possession of firearms within a building owned or controlled by the governing body that is used by the governing body for official meetings. (4) A governing body that adopts a policy under subsection (3) of this section shall: (a) Post a clearly visible sign, at all normal points of entry to the buildings subject to the policy described in subsection (3) of this section, indicating that the affirmative defense described in ORS 1

Source: Oregon Legislature — ORS 2025 Edition, Chapter 166 · ORS 166.377

Stored review status: 2025_edition_later_amendments_unresolved. Explicit ORS citation in the printed section; applicability is unreviewed.

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 166.352 — Unlawful transport, manufacture, transfer or possession of rapid fire activator

166.352 Unlawful transport, manufacture, transfer or possession of rapid fire activator. (1) A person commits the crime of unlawful transport, manufacture or transfer of a rapid fire activator if the person knowingly: (a) Transports a rapid fire activator into this state; or (b) Manufactures, sells, offers to sell or transfers a rapid fire activator. (2) A person commits the crime of unlawful possession of a rapid fire activator if the person knowingly possesses, purchases or receives a rapid fire activator. (3)(a) Unlawful transport, manufacture or transfer of a rapid fire activator is a Class B felony. (b) Unlawful possession of a rapid fire activator is a Class A misdemeanor. (4) This section does not apply to: (a) A peace officer, or other person employed by a law enforcement agency, who possesses a rapid fire activator in accordance with authorization given to the peace officer or other person by the law enforcement agency. (b) A person who has registered a machine gun in accordance with federal law and the rapid fire activator is possessed for use only in, and is necessary for the proper function of, the lawfully registered machine gun. (5) As used in this section: (a) “Binary trigger system” means a device that, when built into, installed in or attached to a firearm, allows the firearm to fire both when the trigger is pulled or depressed and when the trigger is released. (b) “Bump stock” means a device that, when built into, installed in or attached to a firearm, increases the rate of fire of the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger. (c) “Burst trigger system” means a device that, when built into, installed in or attached to a firearm, allows the f

Source: Oregon Legislature — ORS 2025 Edition, Chapter 166 · ORS 166.352

Stored review status: 2025_edition_later_amendments_unresolved. Incoming connection: Explicit ORS citation in the printed section; applicability is unreviewed.