166.210
Definitions. As
used in ORS 166.250 to 166.270, 166.291 to 166.295 and 166.410 to 166.470:
(1) “Antique
firearm” means:
(a) Any firearm,
including any firearm with a matchlock, flintlock, percussion cap or similar
type of ignition system, manufactured in or before 1898; and
(b) Any replica
of any firearm described in paragraph (a) of this subsection if the replica:
(A) Is not
designed or redesigned for using rimfire or conventional centerfire fixed
ammunition; or
(B) Uses rimfire
or conventional centerfire fixed ammunition that is no longer manufactured in
the United States and that is not readily available in the ordinary channels of
commercial trade.
(2) “Corrections
officer” has the meaning given that term in ORS 181A.355.
(3) “Firearm”
means a weapon, by whatever name known, which is designed to expel a projectile
by the action of powder.
(4) “Firearms
silencer” means any device for silencing, muffling or diminishing the report of
a firearm.
(5) “Frame” has
the meaning given that term in 27 C.F.R. 478.12.
(6) “Handgun”
means any pistol or revolver using a fixed cartridge containing a propellant
charge, primer and projectile, and designed to be aimed or fired otherwise than
from the shoulder.
(7) “Machine gun”
means a weapon of any description by whatever name known, loaded or unloaded,
which is designed or modified to allow two or more shots to be fired by a
single pressure on the trigger device.
(8) “Major
component” has the meaning given that term in 18 U.S.C. 922.
(9) “Minor” means
a person under 18 years of age.
(10) “Offense”
has the meaning given that term in ORS 161.505.
(11) “Parole and
probation officer” has the meaning given that term in ORS 181A.355.
(12) “Peace
officer” has the meaning given that term in ORS 133.005.
(13) “Receiver”
has the meaning given that term in 27 C.F.R. 478.12.
(14) “Security
exemplar” has the meaning given that term in 18 U.S.C. 922.
(15) “Short-barreled
rifle” means a rifle having one or more barrels less than 16 inches in length
and any weapon made from a rifle if the weapon has an overall length of less
than 26 inches.
(16) “Short-barreled
shotgun” means a shotgun having one or more barrels less than 18 inches in
length and any weapon made from a shotgun if the weapon has an overall length
of less than 26 inches.
(17) “Undetectable
firearm” means a firearm:
(a) Constructed
or produced, including through a three-dimensional printing process, entirely
of nonmetal substances;
(b) That, after
removal of grips, stocks and magazines, is not as detectable as a security
exemplar by a walk-through metal detector calibrated to detect the security
exemplar; or
(c) That includes
a major component that, if subjected to inspection by the types of X-ray
machines commonly used at airports, would not generate an image that accurately
depicts the shape of the component.
(18)(a) “Unfinished
frame or receiver” means a forging, casting, printing, extrusion, machined body
or similar item that:
(A) Is designed
to or may readily be completed, assembled or otherwise converted to function as
a frame or receiver; or
(B) Is marketed
or sold to the public to be completed, assembled or otherwise converted to
function as a frame or receiver.
(b) “Unfinished
frame or receiver” does not include a component designed and intended for use
in an antique firearm. [Amended by 1977 c.769 §1; 1979 c.779 §3; 1989 c.839 §1;
1993 c.735 §14; 1995 c.670 §3; 1999 c.1040 §2; 2001 c.666 §§32,44; 2003 c.614 §7;
2007 c.368 §1; 2009 c.610 §4; 2023 c.229 §1]
Notes of Decisions
Cited in
44
cases (
10 in the last 5 years), 1955–2025 · leading case:
State v. Briney, 200 P.3d 550 (Or. 2008).
State v. Briney, 200 P.3d 550 (Or. 2008).
· cites it 11× “470, a person commits the crime of unlawful possession of a firearm if the person knowingly: “(a) Carries any firearm concealed upon the personf]” 3 “Firearm,” in turn, is defined in ORS 166.210: “As used in ORS 166.250 to 166.”
State v. Newcomb, 375 P.3d 434 (Or. 2016).
“Briney, 345 Or 505 , 200 P3d 550 (2008) (gun with broken firing pin did not qualify as “firearm” under ORS 166.210(3) (2007), which required weapon to be “designed to expel a projectile by the action of powder” and also to be “readily capable of use as a weapon”).”
State v. Wilder, 471 P.3d 798 (Or. Ct. App. 2020).
· cites it 2× “ORS 166.210 provides that a firearm “means a weapon, by whatever name known, which is designed to expel a projectile by the action of power.”
State v. Casey, 203 P.3d 202 (Or. 2009).
“1 Defendant argued before the trial court that the gun was not “readily capable” of use under ORS 166.210(3) and thus not a firearm; however, defendant has not raised that issue on appeal.”
State v. Boone, 160 P.3d 994 (Or. Ct. App. 2007).
· cites it 2× “” ORS 166.210(2) defines “firearm” for the purpose of ORS 166.”
State v. Rutley, 123 P.3d 334 (Or. Ct. App. 2005).
“” ORS 166.210(2). The defendant contended that the state had to prove knowledge of that element and, because his unrebutted testimony was that he thought the weapon was unusable, he should have been acquitted.”
State v. Vasquez-Rubio, 897 P.2d 324 (Or. Ct. App. 1995).
· cites it 2× “See ORS 166.210(5). 1 After the state rested, defendant moved for a judgment of acquittal.”
State v. Schodrow, 66 P.3d 547 (Or. Ct. App. 2003).
· cites it 3× “Specifically, defendant argued that the state had not proved that he knew the shotgun was "capable of use as a weapon," as the applicable definition of firearm in ORS 166.210(2) requires. In response, the state argued that, although it had to prove that defendant's shotgun was…”
State v. Summers, 371 P.3d 1223 (Or. Ct. App. 2016).
“ORS 166.210, which does not apply directly to ORS 166.”
State v. Hixson, 476 P.3d 977 (Or. Ct. App. 2020).
“ORS 166.210(3). The state responded that it was not offering photographs of the gun to prove the truth of the words printed on it, but rather “to show to the jury that this is a firearm.”
State v. Cortes, 374 Or. 461 (Or. 2025).
· cites it 4× “ORS 166.210—which provides the applicable definitions for terms used in, among other laws, the crime of unlawful possession of firearms, ORS 166.”
— Or. Rev. Stat. § 166.210(1) — 5 cases
State v. Briney, 200 P.3d 550 (Or. 2008).
“470, a person commits the crime of unlawful possession of a firearm if the person knowingly: “(a) Carries any firearm concealed upon the personf]” 3 “Firearm,” in turn, is defined in ORS 166.210: “As used in ORS 166.250 to 166.”
— Or. Rev. Stat. § 166.210(17) — 1 case
— Or. Rev. Stat. § 166.210(18) — 1 case
— Or. Rev. Stat. § 166.210(2) — 15 cases
State v. Boone, 160 P.3d 994 (Or. Ct. App. 2007).
“” ORS 166.210(2) defines “firearm” for the purpose of ORS 166.”
State v. Rutley, 123 P.3d 334 (Or. Ct. App. 2005).
“” ORS 166.210(2). The defendant contended that the state had to prove knowledge of that element and, because his unrebutted testimony was that he thought the weapon was unusable, he should have been acquitted.”
State v. Briney, 200 P.3d 550 (Or. 2008).
“470, a person commits the crime of unlawful possession of a firearm if the person knowingly: “(a) Carries any firearm concealed upon the personf]” 3 “Firearm,” in turn, is defined in ORS 166.210: “As used in ORS 166.250 to 166.”
State v. Schodrow, 66 P.3d 547 (Or. Ct. App. 2003).
“Specifically, defendant argued that the state had not proved that he knew the shotgun was "capable of use as a weapon," as the applicable definition of firearm in ORS 166.210(2) requires. In response, the state argued that, although it had to prove that defendant's shotgun was…”
— Or. Rev. Stat. § 166.210(3) — 12 cases
State v. Briney, 200 P.3d 550 (Or. 2008).
“470, a person commits the crime of unlawful possession of a firearm if the person knowingly: “(a) Carries any firearm concealed upon the personf]” 3 “Firearm,” in turn, is defined in ORS 166.210: “As used in ORS 166.250 to 166.”
State v. Newcomb, 375 P.3d 434 (Or. 2016).
“Briney, 345 Or 505 , 200 P3d 550 (2008) (gun with broken firing pin did not qualify as “firearm” under ORS 166.210(3) (2007), which required weapon to be “designed to expel a projectile by the action of powder” and also to be “readily capable of use as a weapon”).”
State v. Casey, 203 P.3d 202 (Or. 2009).
“1 Defendant argued before the trial court that the gun was not “readily capable” of use under ORS 166.210(3) and thus not a firearm; however, defendant has not raised that issue on appeal.”
State v. Hixson, 476 P.3d 977 (Or. Ct. App. 2020).
“ORS 166.210(3). The state responded that it was not offering photographs of the gun to prove the truth of the words printed on it, but rather “to show to the jury that this is a firearm.”
— Or. Rev. Stat. § 166.210(5) — 1 case
State v. Vasquez-Rubio, 897 P.2d 324 (Or. Ct. App. 1995).
“See ORS 166.210(5). 1 After the state rested, defendant moved for a judgment of acquittal.”
— Or. Rev. Stat. § 166.210(6) — 3 cases
State v. Cortes, 374 Or. 461 (Or. 2025).
“ORS 166.210—which provides the applicable definitions for terms used in, among other laws, the crime of unlawful possession of firearms, ORS 166.”
— Or. Rev. Stat. § 166.210(7) — 3 cases
State v. Cortes, 374 Or. 461 (Or. 2025).
“ORS 166.210—which provides the applicable definitions for terms used in, among other laws, the crime of unlawful possession of firearms, ORS 166.”
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