166.395 Securing firearms; penalties; civil liability. (1)(a) An owner or possessor of a firearm shall, at all times that the firearm is not carried by or under the control of the owner, possessor or authorized person, secure the firearm:
(A) With an engaged trigger or cable lock;
(B) In a locked container; or
(C) In a gun room.
(b) For purposes of paragraph (a) of this subsection, a firearm is not secured if:
(A) A key or combination to the trigger or cable lock or the container is readily available to a person the owner or possessor has not authorized to carry or control the firearm.
(B) The firearm is a handgun, is left unattended in a vehicle and is within view of persons outside the vehicle.
(2)(a) A violation of subsection (1) of this section is a Class C violation.
(b) Notwithstanding paragraph (a) of this subsection, a violation of subsection (1) of this section is a Class A violation if a minor obtains an unsecured firearm as a result of the violation and the owner or possessor of the firearm knew or should have known that a minor could gain unauthorized access to the unsecured firearm.
(c) Each firearm owned or possessed in violation of subsection (1) of this section constitutes a separate violation.
(3) If a firearm obtained as a result of an owner or possessor of a firearm violating subsection (1) of this section is used to injure a person or property within two years of the violation, in an action against the owner or possessor to recover damages for the injury, the violation constitutes per se negligence, and the presumption of negligence may not be overcome by a showing that the owner or possessor acted reasonably.
(4) Subsection (3) of this section does not apply if:
(a) The injury results from a lawful act of self-defense or defense of anoth
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Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables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:166.395 Source file: ors166.html Pages: Not recorded – Not recorded Passage SHA-256: e9460681463d2c526454fa65c0d58389ab3b8fa4bfa3bb0ff86fe14e14590c99 Retained source evidence SHA-256: dd35e0da63555ebef88cc11cd6ae4309a37c3b744978829c3b2f00d59c0c08b8
Source location: ORS 166.395 (all printed versions and notes)
Stored source content
166.395 Securing firearms; penalties; civil liability. (1)(a) An owner or possessor of a firearm shall, at all times that the firearm is not carried by or under the control of the owner, possessor or authorized person, secure the firearm:
(A) With an engaged trigger or cable lock;
(B) In a locked container; or
(C) In a gun room.
(b) For purposes of paragraph (a) of this subsection, a firearm is not secured if:
(A) A key or combination to the trigger or cable lock or the container is readily available to a person the owner or possessor has not authorized to carry or control the firearm.
(B) The firearm is a handgun, is left unattended in a vehicle and is within view of persons outside the vehicle.
(2)(a) A violation of subsection (1) of this section is a Class C violation.
(b) Notwithstanding paragraph (a) of this subsection, a violation of subsection (1) of this section is a Class A violation if a minor obtains an unsecured firearm as a result of the violation and the owner or possessor of the firearm knew or should have known that a minor could gain unauthorized access to the unsecured firearm.
(c) Each firearm owned or possessed in violation of subsection (1) of this section constitutes a separate violation.
(3) If a firearm obtained as a result of an owner or possessor of a firearm violating subsection (1) of this section is used to injure a person or property within two years of the violation, in an action against the owner or possessor to recover damages for the injury, the violation constitutes per se negligence, and the presumption of negligence may not be overcome by a showing that the owner or possessor acted reasonably.
(4) Subsection (3) of this section does not apply if:
(a) The injury results from a lawful act of self-defense or defense of another person; or
(b) The unsecured firearm was obtained by a person as a result of the person entering or remaining unlawfully in a dwelling, as those terms are defined in ORS 164.205.
(5) This section does not apply to a police officer as defined in ORS 181A.355, with respect to a particular firearm, if storage of the firearm is covered by a policy of the law enforcement agency employing the police officer and the firearm is stored in compliance with the policy. [2021 c.146 §3]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
164.205 Definitions for ORS 164.205 to 164.270. As used in ORS 164.205 to 164.270, except as the context requires otherwise:
(1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.
(2) “Dwelling” means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.
(3) “Enter or remain unlawfully” means:
(a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and when the entrant is not otherwise licensed or privileged to do so;
(b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;
(c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or
(d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.
(4) “Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.
(5) “Person in charge” means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. “Person in charge” includes, but is not limited to the person, or holder of a position, designated as the p