Oregon Revised Statutes

Or. Rev. Stat. § 166.190 (2026)

Pointing firearm at another; courts having jurisdiction over offense

✓ current as of May 2026
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      166.190 Pointing firearm at another; courts having jurisdiction over offense. Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both. Justice courts have jurisdiction concurrent with the circuit court of the trial of violations of this section. When any person is charged before a justice court with violation of this section, the court shall, upon motion of the district attorney, at any time before trial, act as a committing magistrate, and if probable cause be established, hold such person to the grand jury. [Formerly 163.320]

Notes of Decisions
Cited in 35 cases (8 in the last 5 years), 1972–2025 · leading case: Miller v. Columbia Cnty., 385 P.3d 1214 (Or. Ct. App. 2016).
Miller v. Columbia Cnty., 385 P.3d 1214 (Or. Ct. App. 2016). · cites it 6× “190, and pointing a firearm at another, ORS 166.190, and arrested her for both offenses.”
State v. Summers, 371 P.3d 1223 (Or. Ct. App. 2016). · cites it 9× “010; two counts of pointing a firearm at another (Counts 8 and 9), ORS 166.190; and two counts of menacing (Counts 10 and 11), ORS 163.”
State v. Erb, 300 P.3d 270 (Or. Ct. App. 2013). · cites it 3× “A jury convicted defendant of pointing a firearm at another, ORS 166.190, and menacing, ORS 163.190. Defendant argues that the trial court committed reversible error by allowing her to proceed without counsel.”
State v. Payne, 447 P.3d 515 (Or. Ct. App. 2019). “190, and pointing a firearm at another, ORS 166.190. Id. Following an acquittal on the firearm charge, the defendant *429 argued "that the court should have given a jury instruction that specified the act that the state relied on to support the menacing charge" because "the jury…”
State v. Kuester, 364 P.3d 685 (Or. Ct. App. 2015). · cites it 3× “610, and pointing a firearm at another, ORS 166.190. On appeal, defendant assigns error to the trial court’s failure to merge the guilty verdicts for UUW with a firearm and pointing a firearm; he also challenges the sentence that the trial court imposed on the conviction for UUW…”
State v. White, 838 P.2d 605 (Or. Ct. App. 1992). · cites it 2× “The police found no one in the house but found a padlocked room. They broke into it and discovered a revolver, a sawed-off shotgun and other weapons.”
State v. Clyde, 537 P.3d 170 (Or. Ct. App. 2023). “190 (Counts 5 and 6); and two counts of pointing a firearm at another, ORS 166.190 (Counts 7 and 8). The verdicts on those counts were nonunanimous.”
State v. Johnson, 202 P.3d 225 (Or. Ct. App. 2009). “190; pointing a firearm at another, ORS 166.190; and unlawful use of a weapon, ORS 166.”
State v. Pedersen, 255 P.3d 556 (Or. Ct. App. 2011). “315, pointing a firearm at another, ORS 166.190, menacing, ORS 163.190, and possession of cocaine, ORS 475.”
State v. Rice, 476 P.3d 961 (Or. Ct. App. 2020). · cites it 16× “274 Submitted July 9, 2019; portions of judgment requiring defendant to pay $560 fine on each count of conviction under ORS 166.190 vacated, remanded for resentencing, otherwise affirmed October 21, 2020 STATE OF OREGON, Plaintiff-Respondent, v.”
State v. Swinney, 343 Or. App. 22 (Or. Ct. App. 2025). “190 (Count 9); pointing a firearm at another, ORS 166.190 (Count 10); and fourth-degree assault, ORS 163.”
Thomas v. Inman, 578 P.2d 399 (Or. 1978). “Plaintiffs first argument for finding negligence as a matter of law is based on ORS 166.190, which provides: "Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any…”
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