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ORS 166.434 — Requirements for criminal background checks; fees

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

ORS 166.434 — Requirements for criminal background checks; fees

166.434 Requirements for criminal background checks; fees. (1) In addition to the determination required by ORS 166.412 (3)(a)(A), in conducting a criminal background check or criminal history record check, the Department of State Police shall also determine whether the recipient is otherwise prohibited by state or federal law from possessing a firearm. (2) Notwithstanding ORS 166.412 (5), the department is not required to operate the telephone number established under ORS 166.412 (5) on Thanksgiving Day or Christmas Day. (3)(a) The department may charge a fee, not to exceed the amount authorized under ORS 166.414, for criminal background checks required under this section or ORS 166.435 or 166.436. (b) The department shall establish a reduced fee for subsequent criminal background checks on the same recipient that are performed during the same day between the hours of 8 a.m. and 10 p.m. [2001 c.1 §5; 2015 c.50 §8; 2018 c.5 §6]

Source: Oregon Legislature — ORS 2025 Edition, Chapter 166 · ORS 166.434

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Public Order; Firearms and Other Weapons; Racketeering Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables New sections of law were enacted by the Legislative Assembly during its 2026 regular session and pertain to or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:166.434
Source file: ors166.html
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Passage SHA-256: 146776f9d28e84882d4fcdb77d634824f819553b545a25143e51f5f27e0fb3db
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Source location: ORS 166.434 (all printed versions and notes)

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166.434 Requirements for criminal background checks; fees. (1) In addition to the determination required by ORS 166.412 (3)(a)(A), in conducting a criminal background check or criminal history record check, the Department of State Police shall also determine whether the recipient is otherwise prohibited by state or federal law from possessing a firearm. (2) Notwithstanding ORS 166.412 (5), the department is not required to operate the telephone number established under ORS 166.412 (5) on Thanksgiving Day or Christmas Day. (3)(a) The department may charge a fee, not to exceed the amount authorized under ORS 166.414, for criminal background checks required under this section or ORS 166.435 or 166.436. (b) The department shall establish a reduced fee for subsequent criminal background checks on the same recipient that are performed during the same day between the hours of 8 a.m. and 10 p.m. [2001 c.1 §5; 2015 c.50 §8; 2018 c.5 §6]

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

ORS 166.412 — Definitions; firearms transaction record; criminal history record check; prohibited transfer report; liability; rules

166.412 Definitions; firearms transaction record; criminal history record check; prohibited transfer report; liability; rules. (1) As used in this section: (a) “Antique firearm” has the meaning given that term in 18 U.S.C. 921; (b) “Department” means the Department of State Police; (c) “Firearm” has the meaning given that term in ORS 166.210, except that it does not include an antique firearm; (d) “Firearms transaction record” means the firearms transaction record required by 18 U.S.C. 921 to 929; (e) “Firearms transaction thumbprint form” means a form provided by the department under subsection (11) of this section; (f) “Gun dealer” means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise; (g) “Purchaser” means a person who buys, leases or otherwise receives a firearm or unfinished frame or receiver from a gun dealer; and (h) “Unfinished frame or receiver” has the meaning given that term in ORS 166.210. (2) Except as provided in subsection (12) of this section, a gun dealer shall comply with the following before a firearm or unfinished frame or receiver is delivered to a purchaser: (a) The purchaser shall present to the gun dealer current identification meeting the requirements of subsection (4) of this section and a valid permit issued under ORS 166.505. (b) The gun dealer shall complete the firearms transaction record and obtain the signature of the purchaser on the record. (c) The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction thumbprint form and attach the form to the gun dealer’s copy of the firearms transaction record to be filed with that copy. (d) The gun dealer shall, by telephone

Source: Oregon Legislature — ORS 2025 Edition, Chapter 166 · ORS 166.412

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 166.414 — Fees for conducting criminal history record checks

166.414 Fees for conducting criminal history record checks. (1) The Department of State Police may adopt a fee schedule for criminal history record checks required under ORS 166.412 and collect a fee for each criminal history record check requested. The fee schedule shall be calculated to recover the cost of performing criminal history record checks required under ORS 166.412, but may not exceed $10 per record check. (2) Fees collected under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the State Police Account. [1995 c.729 §2] Note: See third note under 166.412.

Source: Oregon Legislature — ORS 2025 Edition, Chapter 166 · ORS 166.414

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 166.435 — Firearm transfers by unlicensed persons; requirements; exceptions; penalties

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

Source: Oregon Legislature — ORS 2025 Edition, Chapter 166 · ORS 166.435

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