or 166.266.

166.265 or 166.266.

����� (3) A person convicted of any offense under this section shall forfeit the unfinished frame or receiver.

����� (4) As used in this section, �prior conviction� includes a conviction for a violation offense. [2023 c.229 �5; 2023 c.229 �9]

����� 166.270 Possession of weapons by certain felons. (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person�s possession or under the person�s custody or control any firearm commits the crime of felon in possession of a firearm.

����� (2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person�s possession or under the person�s custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption Technology device as defined in ORS 165.540, or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.

����� (3) For the purposes of this section, a person �has been convicted of a felony� if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if:

����� (a) The court declared the conviction to be a misdemeanor at the time of judgment; or

����� (b) The offense was possession of marijuana and the conviction was prior to January 1, 1972.

����� (4) Subsection (1) of this section does not apply to any person who has been:

����� (a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or

����� (b) Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 or has had the person�s record expunged under the laws of this state or equivalent laws of another jurisdiction.

����� (5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 �1; 1985 c.543 �4; 1985 c.709 �2; 1987 c.853 �1; 1989 c.839 �4; 1993 c.735 �2; 1995 c.518 �1; 1999 c.1040 �16; 2003 c.14 �64; 2009 c.189 �1; 2009 c.499 �3]

����� 166.272 Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers. (1) A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person knowingly possesses any machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer.

����� (2) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B felony.

����� (3) A peace officer may not arrest or charge a person for violating subsection (1) of this section if the person has in the person�s immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is registered as required under federal law.

����� (4) It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer was registered as required under federal law. [1989 c.839 �13a; 1997 c.749 �8; 1997 c.798 �1]

����� 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