Title 166 · ORS Chapter 166

enacted in lieu of 166.290); 1991 c.67 �38; 1993 c.732 �2; 1993 c.735 �4;

Citation: ORS 166.293

Section: 166.293

166.293 enacted in lieu of 166.290); 1991 c.67 �38; 1993 c.732 �2; 1993 c.735 �4; 1995 c.729 �6; 1999 c.1052 �6; 2001 c.104 �56; 2003 c.166 �1; 2005 c.22 �115; 2007 c.368 �2; 2009 c.595 �113; 2009 c.826 ��7,10; 2011 c.547 ��33,34; 2013 c.243 ��4,5; 2013 c.360 ��8,9; 2013 c.591 ��6,7; 2014 c.62 ��1,2; 2015 c.50 ��15,16; 2015 c.201 �5; 2021 c.146 �12; 2022 c.97 �5]

�� 166.292 Procedure for issuing; form of license; duration. (1) If the application for the license is approved, the sheriff shall issue and mail or otherwise deliver to the applicant at the address shown on the application, within 45 days of the application, a wallet sized license bearing the photograph of the licensee. The license must be signed by the licensee and carried whenever the licensee carries a concealed handgun.

�� (2) Failure of a person who carries a concealed handgun also to carry a concealed handgun license is prima facie evidence that the person does not have such a license.

�� (3) Licenses for concealed handguns shall be uniform throughout the state in substantially the following form:

______________________________________________________________________________

OREGON CONCEALED HANDGUN

LICENSE

County________�� License Number_____

Expires________�� Date of birth______

Height________�� Weight________

Name_________ Address_________

Licensee�s City_____ Zip___ Photograph

Signature_______________

Issued by_______________

Date of issue_______________

______________________________________________________________________________

�� (4) An Oregon concealed handgun license issued under ORS 166.291 and this section, unless revoked under ORS 166.293, is valid for a period of four years from the date on which it is issued.

�� (5) The sheriff shall keep a record of each license issued under ORS 166.291 and this section, or renewed pursuant to ORS 166.295.

�� (6) When a sheriff issues a concealed handgun license under this section, the sheriff shall provide the licensee with a list of those places where carrying concealed handguns is prohibited or restricted by state or federal law. [1989 c.839 �9 (166.291 to 166.293 enacted in lieu of 166.290); 1993 c.625 �5; 1993 c.693 �2; 1993 c.735 �5]

�� 166.293 Denial or revocation of license; review. (1) If the application for the concealed handgun license is denied, the sheriff shall set forth in writing the reasons for the denial. The denial shall be sent to the applicant by certified mail, restricted delivery, within 45 days after the application was made. If no decision is issued within 45 days, the person may seek review under the procedures in subsection (5) of this section.

�� (2) Notwithstanding ORS 166.291 (1), and subject to review as provided in subsection (5) of this section, a sheriff may deny a concealed handgun license if the sheriff has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant�s mental or psychological state or as demonstrated by the applicant�s past pattern of behavior involving unlawful violence or threats of unlawful violence.

�� (3)(a) Any act or condition that would prevent the issuance of a concealed handgun license is cause for revoking a concealed handgun license.

�� (b) A sheriff may revoke a concealed handgun license by serving upon the licensee a notice of revocation. The notice must contain the grounds for the revocation and must be served either personally or by certified mail, restricted delivery. The notice and return of service shall be included in the file of the licensee. The revocation is effective upon the licensee�s receipt of the notice.

�� (4) Any peace officer or corrections officer may seize a concealed handgun license and return it to the issuing sheriff if the license is held by a person who has been arrested or cited for a crime that can or would otherwise disqualify the person from being issued a concealed handgun license. The issuing sheriff shall hold the license for 30 days. If the person is not charged with a crime within the 30 days, the sheriff shall return the license unless the sheriff revokes the license as provided in subsection (3) of this section.

�� (5) A person denied a concealed handgun license or whose license is revoked or not renewed under ORS 166.291 to 166.295 may petition the circuit court in the petitioner�s county of residence to review the denial, nonrenewal or revocation. The petition must be filed within 30 days after the receipt of the notice of denial or revocation.

�� (6) The judgment affirming or overturning the sheriff�s decision shall be based on whether the petitioner meets the criteria that are used for issuance of a concealed handgun license and, if the petitioner was denied a concealed handgun license, whether the sheriff has reasonable grounds for denial under subsection (2) of this section. Whenever the petitioner has been previously sentenced for a crime under ORS 161.610 or for a crime of violence for which the person could have received a sentence of more than 10 years, the court shall grant relief only if the court finds that relief should be granted in the interest of justice.

�� (7) Notwithstanding the provisions of ORS 9.320, a party that is not a natural person, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to an action under this section.

�� (8) Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as practicable thereafter.

�� (9) Filing fees for actions shall be as for any civil action filed in the court. If the petitioner prevails, the amount of the filing fee shall be paid by the respondent to the petitioner and may be incorporated into the court order.

�� (10) Initial appeals of petitions shall be heard de novo.

�� (11) Any party to a judgment under this section may appeal to the Court of Appeals in the same manner as for any other civil action.

�� (12) If the governmental entity files an appeal under this section and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party. [1989 c.839 �9a (166.291 to 166.293 enacted in lieu of 166.290); 1993 c.735 �6; 1995 c.518 �3; 1995 c.658 �89; 1999 c.1052 �7; 2003 c.14 �65; 2007 c.202 �1; 2007 c.368 �3; 2015 c.7 �8]

�� 166.295 Renewal of license. (1)(a) A concealed handgun license is renewable by repeating the procedures set out in ORS 166.291 and 166.292, except for the requirement to submit fingerprints and provide character references. A licensee may submit the application for renewal by mail if the licensee:

�� (A) Is an active member of the Armed Forces of the United States, the National Guard of the United States or the Oregon National Guard; and

�� (B) Submits with the application proof of the licensee�s military orders and a copy of the licensee�s military identification.

�� (b) An otherwise expired concealed handgun license continues to be valid for up to 45 days after the licensee applies for renewal if:

�� (A) The licensee applies for renewal before the original license expires;

�� (B) The licensee has proof of the application for renewal; and

�� (C) The application for renewal has not been denied.

�� (2) If a licensee changes residence, the licensee shall report the change of address and the sheriff shall issue a new license as a duplication for a change of address. The license shall expire upon the same date as would the original. [1989 c.839 �10; 1993 c.735 �7; 2007 c.368 �4]

�� 166.297 Annual report regarding revocation of licenses. (1) The sheriff of a county shall submit annually to the Department of State Police a report containing the number of concealed handgun licenses revoked during the reporting period and the reasons for the revocations.

�� (2) The Department of State Police shall compile the reports submitted under subsection (1) of this section and shall submit the compilation to the Legislative Assembly biennially. [1993 c.735 �13]

�� 166.300 Killing or injuring another with firearm as cause for loss of right to bear arms. (1) Any person who has committed, with firearms of any kind or description, murder in any degree, or manslaughter, either voluntary or involuntary, or who in a careless or reckless manner, kills or injures another with firearms, and who, at any time after committing murder or manslaughter or after said careless or reckless killing or injury of another, carries or bears firearms of any kind or description within this state, commits a Class A misdemeanor.

�� (2) Subsection (1) of this section does not deprive the people of this state of the right to bear arms for the defense of themselves and the state, and does not apply to any peace officer in the discharge of official duties or to a member of any regularly constituted military organization while on duty with such military organization. [Amended by 2011 c.597 �163]

�� 166.310 [Repealed by 1985 c.709 �4]

�� 166.320 Setting springgun or setgun. (1) Any person who places or sets any loaded springgun, setgun, or any gun, firearm or other device of any kind designed for containing or firing explosives, in any place where it may be fired, exploded or discharged by the contact of any person or animal with any string, wire, rod, stick, spring or other contrivance affixed to or connected with it, or with its trigger, commits a Class B misdemeanor.

�� (2) Subsection (1) of this section does not apply to any loaded springgun, setgun, firearm or other device placed for the purpose of destroying gophers, moles or other burrowing rodents, and does not prevent the use of a coyote getter by employees of county, state or federal governments engaged in cooperative predatory animal control work. [Amended by 2011 c.597 �164]

�� 166.330 Use of firearms with other than incombustible gun wadding. Any person who uses in any firearms discharged on lands within this state, not owned by the person, anything other than incombustible gun wadding, commits a Class C misdemeanor. [Amended by 2011 c.597 �165]

�� 166.340 [1965 c.20 ��2,3; 1969 c.351 �1; repealed by 1981 c.41 �3]

�� 166.350 Unlawful possession of armor piercing ammunition. (1) A person commits the crime of unlawful possession of armor piercing ammunition if the person:

�� (a) Makes, sells, buys or possesses any handgun ammunition the bullet or projectile of which is coated with Teflon or any chemical compound with properties similar to Teflon and which is intended to penetrate soft body armor, such person having the intent that the ammunition be used in the commission of a felony; or

�� (b) Carries any ammunition described in paragraph (a) of this subsection while committing any felony during which the person or any accomplice of the person is armed with a firearm.

�� (2) As used in this section, �handgun ammunition� means ammunition principally for use in pistols or revolvers notwithstanding that the ammunition can be used in some rifles.

�� (3) Unlawful possession of armor piercing ammunition is a Class A misdemeanor. [1985 c.755 �2; 1987 c.158 �29]

�� 166.352 Unlawful transport, manufacture, transfer or possession of rapid fire activator. (1) A person commits the crime of unlawful transport, manufacture or transfer of a rapid fire activator if the person knowingly:

�� (a) Transports a rapid fire activator into this state; or

�� (b) Manufactures, sells, offers to sell or transfers a rapid fire activator.

�� (2) A person commits the crime of unlawful possession of a rapid fire activator if the person knowingly possesses, purchases or receives a rapid fire activator.

�� (3)(a) Unlawful transport, manufacture or transfer of a rapid fire activator is a Class B felony.

�� (b) Unlawful possession of a rapid fire activator is a Class A misdemeanor.

�� (4) This section does not apply to:

�� (a) A peace officer, or other person employed by a law enforcement agency, who possesses a rapid fire activator in accordance with authorization given to the peace officer or other person by the law enforcement agency.

�� (b) A person who has registered a machine gun in accordance with federal law and the rapid fire activator is possessed for use only in, and is necessary for the proper function of, the lawfully registered machine gun.

�� (5) As used in this section:

�� (a) �Binary trigger system� means a device that, when built into, installed in or attached to a firearm, allows the firearm to fire both when the trigger is pulled or depressed and when the trigger is released.

�� (b) �Bump stock� means a device that, when built into, installed in or attached to a firearm, increases the rate of fire of the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger.

�� (c) �Burst trigger system� means a device that, when built into, installed in or attached to a firearm, allows the firearm to discharge two or more rounds with a single pull or depression of the trigger by altering the trigger reset.

�� (d) �Firearm� has the meaning given that term in ORS 166.210.

�� (e) �Forced reset trigger� means a device that, when built into, installed in or attached to a firearm, mechanically forces the trigger to reset into a firing position after each round is fired.

�� (f) �Hellfire trigger� means a device that, when built into, installed in or attached to a firearm, disengages the trigger return spring when the trigger is pulled or depressed.

�� (g) �Machine gun� has the meaning given that term in ORS 166.210.

�� (h) �Peace officer� has the meaning given that term in ORS 133.005.

�� (i)(A) �Rapid fire activator� means any device, including a removable manual or power-driven device, part or combination of parts, constructed so that, when built into, installed on or attached to a firearm:

�� (i) The rate at which the trigger is activated increases to a faster rate than is possible for the firearm without the device; or

�� (ii) The rate of fire increases to a faster rate than is possible for a person to fire the firearm without the device.

�� (B) �Rapid fire activator� includes, but is not limited to, a bump stock, forced reset trigger, trigger crank, hellfire trigger, binary trigger system, burst trigger system, switch, auto sear or a copy or similar device, regardless of the producer or manufacturer.

�� (j) �Switch� or �auto sear� means a device that, when built into, installed in or attached to a firearm, applies force to a firearm�s trigger bar to prevent the bar from limiting the weapon to firing only one round each time the trigger is pulled or depressed.

�� (k) �Trigger crank� means a device that, when built into, installed in or attached to a firearm, repeatedly activates the trigger of the firearm through the use of a crank, level or any other part that is turned in a circular motion. [2025 c.594 �2]

�� Note: Section 1, chapter 594, Oregon Laws 2025, provides:

�� Sec. 1. Section 2 of this 2025 Act [166.352] and the amendments to ORS 166.262, 166.370 and 166.377 by sections 3 to 5 of this 2025 Act shall be known and may be cited as the �Community Safety Firearms Act.� [2025 c.594 �1]

�� 166.355 Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine. (1) As used in this section:

�� (a) �Armed Forces of the United States� has the meaning given that term in ORS 348.282.

�� (b) �Detachable magazine� means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted in a firearm.

�� (c) �Fixed magazine� means an ammunition feeding device contained in or permanently attached to a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

�� (d) �Large-capacity magazine� means a fixed or detachable magazine, belt, drum, feed strip, helical feeding device, or similar device, including any such device joined or coupled with another in any manner, or a kit with such parts, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition and allows a shooter to keep firing without having to pause to reload, but does not include any of the following:

�� (A) An ammunition feeding device that has been permanently altered so that it is not capable, now or in the future, of accepting more than 10 rounds of ammunition;

�� (B) An attached tubular device designed to accept, and capable of operating only with 0.22 caliber rimfire ammunition; or

�� (C) A tubular ammunition feeding device that is contained in a lever-action firearm.

�� (e) �Loaded� has the meaning given that term in ORS 166.360.

�� (f) �Person� means any natural person, corporation, partnership, fire or association.

�� (2) Notwithstanding ORS 166.250 to 166.470, and except as expressly provided in subsections (3) to (5) of this section, a person commits the crime of unlawful manufacture, importation, possession, use, purchase, sale or otherwise transferring of large-capacity magazines if the person manufactures, imports, possesses, uses, purchases, sells or otherwise transfers any large-capacity magazine in Oregon on or after December 8, 2022.

�� (3) Subsection (2) of this section does not apply during the first 180 days following December 8, 2022, with respect to:

�� (a) A licensed gun dealer that within 180 days of December 8, 2022:

�� (A) Transfers or sells the large-capacity magazines in the gun dealer�s inventory to a nonresident gun dealer or other transferee outside of this state;

�� (B) Purchases or acquires temporary custody from an owner of any large-capacity magazine for permanent removal from this state within 180 days of December 8, 2022;

�� (C) Permanently alters any large-capacity magazine in the gun dealer�s inventory or custody so that it is not capable, upon alteration or in the future, of accepting more than 10 rounds of ammunition or permanently alter the magazine so it is no longer a; or

�� (D) Permanently disposes of the large-capacity magazines in the gun dealer�s custody or inventory.

�� (b) A firearms manufacturer, properly licensed under federal, state and local law, that is a party to a contract, in existence and binding on December 8, 2022, with an entity outside of this state, for the manufacture of large-capacity magazines, provided that:

�� (A) All manufacturing is completed no later than 180 days after December 8, 2022; and

�� (B) The entity outside of Oregon receiving the large-capacity magazines is made aware in writing on or before the delivery of the ammunition devices of the restrictions pertaining to large-capacity magazines in this state as set forth in chapter 1, Oregon Laws 2023.

�� (4) Subsection (2) of this section does not apply at any time to:

�� (a) A firearms manufacturer properly licensed under federal, state and local law that manufactures large-capacity magazines, provided:

�� (A) The manufacturing is for exclusive sale or transfer to the Armed Forces of the United States or a law enforcement agency and solely for authorized use by that entity related to the official duties of the entity; and

�� (B) Any large-capacity magazine, permitted to be manufactured under paragraph (a)(A) of this subsection after December 8, 2022, shall include a permanent stamp or marking indicating that the large-capacity magazine was manufactured or assembled after December 8, 2022. The stamp or marking must be legibly and conspicuously engraved or cast upon the outer surface of the large-capacity magazine. The department may promulgate such rules as may be necessary for the implementation of this section, including but not limited to rules requiring such large-capacity magazine be stamped with information indicating the limitation for use only by military and law enforcement or such other identification to distinguish clearly large-capacity magazines manufactured after December 8, 2022. Except as provided in subsection (3)(b) of this section, no large-capacity magazines without such stamp may be manufactured in this state after December 8, 2022.

�� (b) A licensed gun dealer that sells or otherwise transfers large-capacity magazines to the Armed Forces of the United States or a law enforcement agency solely for authorized use by that entity, provided the large-capacity magazines have been engraved as provided in paragraph (a)(B) of this subsection.

�� (c) Any government officer, agent or employee, member of the Armed Forces of the United States or peace officer, as that term is defined in ORS 133.005, that is authorized to acquire, possess or use a large-capacity magazine provided that any acquisition, possession or use is related directly to activities within the scope of that person�s official duties.

�� (5) As of December 8, 2022, it shall be an affirmative defense, as provided in ORS