Oregon Revised Statutes

Or. Rev. Stat. § 166.173 (2026)

Authority of city or county to regulate possession of loaded firearms in public places

✓ current as of May 2026

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166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.

(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

(a) A law enforcement officer.

(b) A member of the military in the performance of official duty.

(d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.

(e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife.

(f) An honorably retired law enforcement officer, unless the person who is a retired law enforcement officer has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292. [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3; 2015 c.709 §1]

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 2004–2026 · leading case: Doe v. Medford Sch. Dist. 549C, 221 P.3d 787 (Or. Ct. App. 2009).

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Doe v. Medford Sch. Dist. 549C, 221 P.3d 787 (Or. Ct. App. 2009). · cites it 2× “” *55 ORS 166.173 provides: “(1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.”

Starrett v. City of Portland Ex Rel. State, 102 P.3d 728 (Or. Ct. App. 2004). · cites it 7× “170 and ORS 166.173, which effectively prohibit a city from regulating the carrying of concealed handguns, pursuant to a license, on public property.”

State v. Christian, 307 P.3d 429 (Or. 2013). · cites it 2× “” ORS 166.173(1); see also ORS 161.015 (defining “public places”); PCC 14A.”

State v. Christian, 274 P.3d 262 (Or. Ct. App. 2012). · cites it 4× “" [1] ORS 166.173 provides: "(1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.”

City of Portland v. Sottile, 561 P.3d 1159 (Or. Ct. App. 2024). “173 (providing that a city “may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places” but that such ordinances “do not apply to or affect * * * [a] person licensed to carry a concealed handgun”); ORS 166.”

Willis v. Winters, 234 P.3d 141 (Or. Ct. App. 2010). “, ORS 166.173(2)(c) (city or county ordinances to regulate, restrict, or prohibit the possession of loaded firearms in public places as defined in ORS 161.”

City of Portland v. Sottile, 336 Or. App. 741 (Or. Ct. App. 2024). “173 (providing that a city “may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places” but that such ordinances “do not apply to or affect * * * [a] person licensed to carry a concealed handgun”); ORS 166.”

State v. Ward, 198 P.3d 443 (Or. Ct. App. 2008). · cites it 8× “However, ORS 166.173 grants local governments limited power to regulate loaded firearms: “(1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.”

Schwartz v. Washington Cnty., 375 Or. 227 (Or. 2026). “722(1) (“no unit of local government shall * * * take any other actions that prohibit, limit, regulate, subject to approval or in any other way affect forest practices”); Or Const, Art XI, § 2 (legal voters have “the exclusive power to license, regulate, control, or to suppress…”

— Or. Rev. Stat. § 166.173(1) — 5 cases

State v. Christian, 307 P.3d 429 (Or. 2013). “” ORS 166.173(1); see also ORS 161.015 (defining “public places”); PCC 14A.”

State v. Christian, 274 P.3d 262 (Or. Ct. App. 2012). “" [1] ORS 166.173 provides: "(1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.”

Starrett v. City of Portland Ex Rel. State, 102 P.3d 728 (Or. Ct. App. 2004). “170 and ORS 166.173, which effectively prohibit a city from regulating the carrying of concealed handguns, pursuant to a license, on public property.”

State v. Ward, 198 P.3d 443 (Or. Ct. App. 2008). “However, ORS 166.173 grants local governments limited power to regulate loaded firearms: “(1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.”

— Or. Rev. Stat. § 166.173(2)(c) — 2 cases

— Or. Rev. Stat. § 166.173(2)(d) — 1 case

Doe v. Medford Sch. Dist. 549C, 221 P.3d 787 (Or. Ct. App. 2009). “” *55 ORS 166.173 provides: “(1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.”

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