166.273 Relief from firearm prohibitions related to mental health. (1) A person barred from transporting, shipping, possessing or receiving a firearm may file a petition with the Psychiatric Security Review Board for relief from the bar if:
(a) The person is barred from possessing a firearm under ORS 166.250 (1)(c)(D) or (E);
(b) The person is barred from receiving a firearm under ORS 166.470 (1)(e) or (f) or, if the person has been found guilty except for insanity of a misdemeanor involving violence, ORS 166.470 (1)(g); or
(c) The person is barred from possessing, receiving, shipping or transporting a firearm under 18 U.S.C. 922(d)(4) or (g)(4) as the result of a state mental health determination.
(2) The petitioner shall serve a copy of the petition on:
(a) The Department of Human Services and the Oregon Health Authority; and
(b) The district attorney in each county in which:
(A) The person was committed by a court to the Oregon Health Authority, or adjudicated by a court as a person with mental illness, under ORS 426.130;
(B) The person was committed by a court to the Department of Human Services, or adjudicated by a court as in need of commitment for residential care, treatment and training, under ORS 427.290;
(C) The person was found guilty except for insanity under ORS 161.295;
(D) The person was found responsible except for insanity under ORS 419C.411; or
(E) The person was found by a court to lack fitness to proceed under ORS 161.363 and 161.370.
(3) Following receipt of the petition, the board shall conduct a contested case hearing, make written findings of fact and conclusions of law on the issues before the board and issue a final order.
(4) The state and any person or entity described in subsection (2) of this section may appear and object to an
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Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables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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Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:166.273 Source file: ors166.html Pages: Not recorded – Not recorded Passage SHA-256: 428960ea9e028ededfb17b11762d5b919bd60a254d41d4eaddb542b4eb5b0d80 Retained source evidence SHA-256: dd35e0da63555ebef88cc11cd6ae4309a37c3b744978829c3b2f00d59c0c08b8
Source location: ORS 166.273 (all printed versions and notes)
Stored source content
166.273 Relief from firearm prohibitions related to mental health. (1) A person barred from transporting, shipping, possessing or receiving a firearm may file a petition with the Psychiatric Security Review Board for relief from the bar if:
(a) The person is barred from possessing a firearm under ORS 166.250 (1)(c)(D) or (E);
(b) The person is barred from receiving a firearm under ORS 166.470 (1)(e) or (f) or, if the person has been found guilty except for insanity of a misdemeanor involving violence, ORS 166.470 (1)(g); or
(c) The person is barred from possessing, receiving, shipping or transporting a firearm under 18 U.S.C. 922(d)(4) or (g)(4) as the result of a state mental health determination.
(2) The petitioner shall serve a copy of the petition on:
(a) The Department of Human Services and the Oregon Health Authority; and
(b) The district attorney in each county in which:
(A) The person was committed by a court to the Oregon Health Authority, or adjudicated by a court as a person with mental illness, under ORS 426.130;
(B) The person was committed by a court to the Department of Human Services, or adjudicated by a court as in need of commitment for residential care, treatment and training, under ORS 427.290;
(C) The person was found guilty except for insanity under ORS 161.295;
(D) The person was found responsible except for insanity under ORS 419C.411; or
(E) The person was found by a court to lack fitness to proceed under ORS 161.363 and 161.370.
(3) Following receipt of the petition, the board shall conduct a contested case hearing, make written findings of fact and conclusions of law on the issues before the board and issue a final order.
(4) The state and any person or entity described in subsection (2) of this section may appear and object to and present evidence relevant to the relief sought by the petitioner.
(5) The board shall grant the relief requested in the petition if the petitioner demonstrates, based on the petitioner’s reputation, the petitioner’s record, the circumstances surrounding the firearm disability and any other evidence in the record, that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest.
(6) If the board grants the relief requested in the petition, the board shall provide to the Department of State Police the minimum information necessary, as defined in ORS 181A.290, to enable the department to:
(a) Maintain the information and transmit the information to the federal government as required under federal law; and
(b) Maintain a record of the person’s relief from the disqualification to possess or receive a firearm under ORS 166.250 (1)(c)(D) or (E) or 166.470 (1)(e), (f) or (g).
(7) The petitioner may petition for judicial review of a final order of the board. The petition shall be filed in the circuit court of a county described in subsection (2)(b) of this section. The review shall be conducted de novo and without a jury.
(8) A petitioner may take an appeal from the circuit court to the Court of Appeals. Review by the Court of Appeals shall be conducted in accordance with ORS 183.500.
(9) A person may file a petition for relief under this section no more than once every two years.
(10) The board shall adopt procedural rules to carry out the provisions of this section.
(11) As used in this section, “state mental health determination” means:
(a) A finding by a court that a person lacks fitness to proceed under ORS 161.363 and 161.370;
(b) A finding that a person is guilty except for insanity of a crime under ORS 161.295 or responsible except for insanity of an act under ORS 419C.411 or any determination by the Psychiatric Security Review Board thereafter;
(c) A commitment by a court to the Oregon Health Authority, or an adjudication by a court that a person is a person with mental illness, under ORS 426.130; or
(d) A commitment by a court to the Department of Human Services, or an adjudication by a court that a person is in need of commitment for residential care, treatment and training, under ORS 427.290. [2009 c.826 §5; 2009 c.826 §§18,18a; 2011 c.658 §32; 2013 c.360 §68; 2015 c.201 §2; 2025 c.56 §13; 2025 c.559 §56]
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.295 Guilty except for insanity. (1) A person is guilty except for insanity if, at the time of engaging in criminal conduct, the person lacks substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirements of law, and:
(a) But for a qualifying mental disorder, the person would have had such substantial capacity;
(b) A mental disorder other than a qualifying mental disorder is not the primary cause of the lack of substantial capacity; and
(c) The lack of substantial capacity is not the result of voluntary intoxication in combination with a qualifying mental disorder, a mental disorder other than a qualifying mental disorder or both.
(2) As used in chapter 743, Oregon Laws 1971, the term “qualifying mental disorder” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct, nor does the term include any abnormality constituting solely a personality disorder. [1971 c.743 §36; 1983 c.800 §1; 2017 c.634 §3; 2025 c.119 §1]
Note: See note under 161.015.
161.363 Procedure for determining fitness to proceed. (1) When the defendant’s fitness to proceed is drawn in question, the issue shall be determined by the court. In making the determination, the court may consider:
(a) An examination ordered under ORS 161.365 (1)(c);
(b) Evidence of a prior diagnosis of the defendant made by a certified evaluator or a qualified mental health practitioner;
(c) A prior examination or evaluation of the defendant conducted under ORS 161.309, 161.315, 161.365, 161.370 or 161.371;
(d) Prior judicial determinations that the defendant lacked fitness to proceed;
(e) Prior commitments of the defendant under ORS 427.235 to 427.292 or ORS chapter 426;
(f) The defendant’s conduct as observed by the court;
(g) Prior court records or assessments relating to actions involving the defendant that contain a mental health diagnosis of the defendant;
(h) Relevant information on the defendant’s mental health diagnosis in the possession of the local supervisory authority, if the defendant is under active supervision; and
(i) Any other information the court deems relevant.
(2)(a) The court may hear a motion to find that the defendant is fit to proceed or lacks fitness to proceed from either party. The motion may be made orally or in writing.
(b) If a motion under this subsection is uncontested, the court may make the determination of fitness based on the motion and any supporting evidence. If the motion is contested, the moving party shall file a written motion and supporting evidence with the court, if a written motion has not already been filed.
(3)(a) The court shall hold a hearing on a contested motion as soon as practicable and in accordance with this subsection. If either party requests, or upon the court’s own motion, the court shall hold
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
166.470 Limitations and conditions for sales of firearms. (1) Unless relief has been granted under ORS 166.273 or 166.274 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;
(f) After January 1, 1990, 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;
(g) Has been convicted of a misdemeanor involving violence or found guilty except for insanity under ORS 161.295 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, 163.187, 163.190, 163.195 or 166.155 (1)(b);
(h) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing or possessing a firearm; or
(i) Has been found guilty except for insanity under ORS 161.295 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 huntin
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
**(a)** It shall be unlawful—
(1) for any person—
(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or
(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;
(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that—
(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;
(B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of [section 1715 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1715&num=0&edition=prelim), is eligible to receive through the mails pistols, revolvers,
Stored review status: release_metadata_unconfirmed. The source passage cites 18 U.S.C. § 922. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 922. Unlawful acts
(a) It shall be unlawful—
(1) for any person—
(A) except a licensed importer, licensed
manufacturer, or licensed dealer, to engage
in the business of importing, manufacturing,
or dealing in firearms, or in the course of
such business to ship, transport, or receive
any firearm in interstate or foreign com-
merce; or
(B) except a licensed importer or licensed
manufacturer, to engage in the business of
importing or manufacturing ammunition, or
in the course of such business, to ship, trans-
port, or receive any ammunition in inter-
state or foreign commerce;
(2) for any importer, manufacturer, dealer,
or collector licensed under the provisions of
this chapter to ship or transport in interstate
or foreign commerce any firearm to any per-
son other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed col-
lector, except that—
(A) this paragraph and subsection (b)(3)
shall not be held to preclude a licensed im-
porter, licensed manufacturer, licensed deal-
er, or licensed collector from returning a
firearm or replacement firearm of the same
kind and type to a person from whom it was
received; and this paragraph shall not be
held to preclude an individual from mailing
a firearm owned in compliance with Federal,
State, and local law to a licensed importer,
licensed manufacturer, licensed dealer, or li-
censed collector;
(B) this paragraph shall not be held to pre-
clude a licensed importer, licensed manufac-
turer, or licensed dealer from depositing a
firearm for conveyance in the mails to any
officer, employee, agent, or watchman who,
pursuant to the provisions of section 1715 of
this title, is eligible to receive through the
mails pistols, revolvers, and other firearms
capable of being concealed on th
Stored review status: historical_2024_not_currentness_verified. The source passage cites 18 U.S.C. § 922. This identifies an authority to review, not proof of applicability.