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Oregon Revised Statutes

Or. Rev. Stat. § 164.265 (2026)

Criminal trespass while in possession of a firearm

✓ current as of May 2026
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      164.265 Criminal trespass while in possession of a firearm. (1) A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.

      (2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 §2]

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2005–2025 · leading case: State v. Hinton, 147 P.3d 345 (Or. Ct. App. 2006).
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State v. Hinton, 147 P.3d 345 (Or. Ct. App. 2006). · cites it 4× “Defendant appeals his conviction for criminal trespass with a firearm under ORS 164.265, which the state prosecuted as a violation.”
State v. Kitzmiller, 564 P.3d 157 (Or. Ct. App. 2025). “The jury returned guilty verdicts, and defendant and Hanks, who is not a party to this appeal, were ultimately convicted of criminal mischief in the second degree, ORS 164.”
State v. Kitzmiller, 337 Or. App. 552 (Or. Ct. App. 2025). “The jury returned guilty verdicts, and defendant and Hanks, who is not a party to this appeal, were ultimately convicted of criminal mischief in the second degree, ORS 164.”
State v. Savannah, 338 Or. App. 491 (Or. Ct. App. 2025). “Further, the sergeant testified that “the presiding judge asked us to clear because he had concerns for peo- ple passing through the security without getting properly screened.”
State v. Shields, 125 P.3d 23 (Or. Ct. App. 2005). “PER CURIAM Defendant was convicted of criminal trespass with a firearm, ORS 164.265, second-degree criminal trespass, ORS 164.”
State v. Schwartz, 157 P.3d 312 (Or. Ct. App. 2007). “ORS 164.265. Among other things, he argues that the trial court erred in denying his motion for a judgment of acquittal.”
State v. Haney, 301 P.3d 445 (Or. Ct. App. 2013). “255; ORS 164.265; ORS 164.278), arson and related offenses (ORS 164.”
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