166.400 Requirement that firearm be locked during transfer; penalties; civil liability. (1) If a person transfers a firearm and a criminal background check under ORS 166.435 is required prior to the transfer, the person shall transfer the firearm:
(a) With an engaged trigger or cable lock; or
(b) In a locked container.
(2)(a) A violation of subsection (1) of this section is a Class C violation.
(b) Each firearm transferred in violation of subsection (1) of this section constitutes a separate violation.
(3) If a firearm transferred in a manner that violates subsection (1) of this section is used to injure a person or property within two years of the violation, in an action against the transferor to recover damages for the injury, the violation of subsection (1) of this section constitutes per se negligence, and the presumption of negligence may not be overcome by a showing that the transferor acted reasonably.
(4) Subsection (3) of this section does not apply if the injury results from a lawful act of self-defense or defense of another person.
(5) This section does not apply to:
(a) The transfer of a firearm made inoperable for the specific purpose of being used as a prop in the making of a motion picture or a television, digital or similar production.
(b) A transfer that occurs when a firearm is taken from the owner or possessor of the firearm by force. [2021 c.146 §4]
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Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables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
File SHA-256: dd35e0da63555ebef88cc11cd6ae4309a37c3b744978829c3b2f00d59c0c08b8. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:166.400 Source file: ors166.html Pages: Not recorded – Not recorded Passage SHA-256: 1ecdb9fb962144c2fa1b646d69a5c990f36b0b4fcc0527f84287824644d9673c Retained source evidence SHA-256: dd35e0da63555ebef88cc11cd6ae4309a37c3b744978829c3b2f00d59c0c08b8
Source location: ORS 166.400 (all printed versions and notes)
Stored source content
166.400 Requirement that firearm be locked during transfer; penalties; civil liability. (1) If a person transfers a firearm and a criminal background check under ORS 166.435 is required prior to the transfer, the person shall transfer the firearm:
(a) With an engaged trigger or cable lock; or
(b) In a locked container.
(2)(a) A violation of subsection (1) of this section is a Class C violation.
(b) Each firearm transferred in violation of subsection (1) of this section constitutes a separate violation.
(3) If a firearm transferred in a manner that violates subsection (1) of this section is used to injure a person or property within two years of the violation, in an action against the transferor to recover damages for the injury, the violation of subsection (1) of this section constitutes per se negligence, and the presumption of negligence may not be overcome by a showing that the transferor acted reasonably.
(4) Subsection (3) of this section does not apply if the injury results from a lawful act of self-defense or defense of another person.
(5) This section does not apply to:
(a) The transfer of a firearm made inoperable for the specific purpose of being used as a prop in the making of a motion picture or a television, digital or similar production.
(b) A transfer that occurs when a firearm is taken from the owner or possessor of the firearm by force. [2021 c.146 §4]
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
166.435 Firearm transfers by unlicensed persons; requirements; exceptions; penalties. (1) As used in this section:
(a) “Transfer” means the delivery of a firearm from a transferor to a transferee, including, but not limited to, the sale, gift, loan or lease of the firearm. “Transfer” does not include the temporary provision of a firearm to a transferee if the transferor has no reason to believe the transferee is prohibited from possessing a firearm or intends to use the firearm in the commission of a crime, and the provision occurs:
(A) At a shooting range, shooting gallery or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class or a similar lawful activity;
(B) For the purpose of hunting, trapping or target shooting, during the time in which the transferee is engaged in activities related to hunting, trapping or target shooting;
(C) Under circumstances in which the transferee and the firearm are in the presence of the transferor;
(D) To a transferee who is in the business of repairing firearms, for the time during which the firearm is being repaired;
(E) To a transferee who is in the business of making or repairing custom accessories for firearms, for the time during which the accessories are being made or repaired; or
(F) For the purpose of preventing imminent death or serious physical injury, and the provision lasts only as long as is necessary to prevent the death or serious physical injury.
(b) “Transferee” means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to receive a firearm from a transferor.
(c) “Transferor” means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923