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Oregon Revised Statutes

Or. Rev. Stat. § 166.250 (2026)

Unlawful possession of firearms

✓ current as of May 2026
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      166.250 Unlawful possession of firearms. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.273, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:

      (a) Carries any firearm concealed upon the person;

      (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle;

      (c) Possesses a firearm and:

      (A) Is under 18 years of age;

      (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

      (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;

      (C) Has been convicted of a felony;

      (D) Was committed to the Oregon Health Authority under ORS 426.130;

      (E) Was found to be a person with mental illness and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;

      (F) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing or possessing a firearm;

      (G) Has been found guilty except for insanity under ORS 161.295 of a felony; or

      (H) The possession of the firearm by the person is prohibited under ORS 166.255; or

      (d) Possesses an unfinished frame or receiver and is prohibited from possessing firearms under paragraph (c) of this subsection.

      (2) This section does not prohibit:

      (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

      (A) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or

      (B) Temporarily for hunting, target practice or any other lawful purpose; or

      (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

      (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

      (4)(a) Except as provided in paragraphs (b) and (c) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.

      (b) If a vehicle, other than a vehicle described in paragraph (c) of this subsection, has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:

      (A) The handgun is stored in a closed and locked glove compartment, center console or other container; and

      (B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.

      (c) If the vehicle is a motorcycle, an all-terrain vehicle or a snowmobile, a handgun is not readily accessible within the meaning of this section if:

      (A) The handgun is in a locked container within or affixed to the vehicle; or

      (B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm.

      (5) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8; 2009 c.499 §1; 2009 c.595 §112; 2009 c.826 §§8a,11a; 2011 c.662 §§1,2; 2013 c.360 §§6,7; 2015 c.50 §§12,13; 2015 c.201 §3; 2015 c.497 §§3,4; 2023 c.229 §6]

Notes of Decisions
Cited in 240 cases (53 in the last 5 years), 1963–2026 · leading case: State v. Clemente-Perez, 359 P.3d 232 (Or. 2015).
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State v. Clemente-Perez, 359 P.3d 232 (Or. 2015). · cites it 193× “ORS 166.250. At the close of the state’s case, defendant moved for judgment of acquittal, arguing that the state had not presented suffi- cient evidence that he had “[p]ossesse[d] a handgun that is concealed and readily accessible to the person within any vehicle,” within the…”
State v. Burris, 518 P.3d 891 (Or. 2022). · cites it 127× “Held: The mis- demeanor offense of unlawful possession of a firearm, under ORS 166.250, does not incorporate the 15-year exception that applies to the felony offense of felon in possession of a firearm, under ORS 166.”
State v. Williams, 984 P.2d 312 (Or. Ct. App. 1999). · cites it 66× “185, after marijuana was discovered in his possession when he was being booked after being arrested for unlawful possession of a firearm, ORS 166.250. The state argues that the trial court erred in determining that the police officer who arrested defendant for unlawful…”
State v. Perry, 77 P.3d 313 (Or. 2003). · cites it 26× “Defendant was charged with unlawful possession of a firearm, ORS 166.250, for carrying a concealed weapon without a license while working as an employee at a convenience store.”
State v. Leake, 527 P.3d 1054 (Or. Ct. App. 2023). · cites it 29× “Held: A firearm is “carried openly” in a belt holster, and therefore not “concealed” for purposes of ORS 166.250, if the holstered firearm gives reasonable notice of the firearm’s presence to a person exercising ordinary scrutiny when coming into contact with the person carrying…”
State v. Harrison, 450 P.3d 499 (Or. 2019). · cites it 25× “Defendant was convicted, 1 The version of ORS 166.250 in effect at the time of defendant’s crime has since been amended but the amendments do not affect the analysis in this case.”
Palmer v. State of Oregon, 854 P.2d 955 (Or. Ct. App. 1993). · cites it 30× “ORS 166.250. We affirmed his conviction without opinion, and the Supreme Court denied review on October 3, 1989.”
State v. Vinge, 564 P.3d 186 (Or. Ct. App. 2025). · cites it 14× “The state charged defendant with unlawful posses- sion of a firearm, ORS 166.250, and possession of a loaded firearm in public, Portland City Code 14A.”
State v. Perry, 996 P.2d 995 (Or. Ct. App. 2000). · cites it 33× “Defendant was charged with unlawful possession of a firearm, ORS 166.250, menacing, ORS 163.190, and pointing a firearm at another, ORS 166.”
State v. Briney, 200 P.3d 550 (Or. 2008). · cites it 15× “210: “As used in ORS 166.250 to 166.270,166.291 to 166.295 and 166.”
Palmer v. State of Oregon, 867 P.2d 1368 (Or. 1994). · cites it 10× “In 1988, following a bench trial in which he was represented by counsel, petitioner was convicted of unlawful possession of a firearm, ORS 166.250, for possessing a concealed handgun.”
State v. Wolf, 317 P.3d 377 (Or. Ct. App. 2013). · cites it 17× “In this instance, our consideration of the statute’s history is limited to reviewing the historical development of statutes regulating the carrying of concealed weapons, as that development culminated in the 1925 enactment, because “any legislative history concerning the scope…”
Show all 240 citing cases →
— Or. Rev. Stat. § 166.250(1) — 42 cases
State v. Burris, 518 P.3d 891 (Or. 2022). “Held: The mis- demeanor offense of unlawful possession of a firearm, under ORS 166.250, does not incorporate the 15-year exception that applies to the felony offense of felon in possession of a firearm, under ORS 166.”
State v. Leake, 527 P.3d 1054 (Or. Ct. App. 2023). “Held: A firearm is “carried openly” in a belt holster, and therefore not “concealed” for purposes of ORS 166.250, if the holstered firearm gives reasonable notice of the firearm’s presence to a person exercising ordinary scrutiny when coming into contact with the person carrying…”
State v. Brown, 721 P.2d 1357 (Or. 1986).
State v. Jimenez, 353 P.3d 1227 (Or. 2015).
State v. Williams, 984 P.2d 312 (Or. Ct. App. 1999). “185, after marijuana was discovered in his possession when he was being booked after being arrested for unlawful possession of a firearm, ORS 166.250. The state argues that the trial court erred in determining that the police officer who arrested defendant for unlawful…”
— Or. Rev. Stat. § 166.250(1)(a) — 18 cases
State v. Williams, 984 P.2d 312 (Or. Ct. App. 1999). “185, after marijuana was discovered in his possession when he was being booked after being arrested for unlawful possession of a firearm, ORS 166.250. The state argues that the trial court erred in determining that the police officer who arrested defendant for unlawful…”
Willis v. Winters, 253 P.3d 1058 (Or. 2011).
State v. Leake, 527 P.3d 1054 (Or. Ct. App. 2023). “Held: A firearm is “carried openly” in a belt holster, and therefore not “concealed” for purposes of ORS 166.250, if the holstered firearm gives reasonable notice of the firearm’s presence to a person exercising ordinary scrutiny when coming into contact with the person carrying…”
State v. Perry, 996 P.2d 995 (Or. Ct. App. 2000). “Defendant was charged with unlawful possession of a firearm, ORS 166.250, menacing, ORS 163.190, and pointing a firearm at another, ORS 166.”
State v. Briney, 200 P.3d 550 (Or. 2008). “210: “As used in ORS 166.250 to 166.270,166.291 to 166.295 and 166.”
— Or. Rev. Stat. § 166.250(1)(b) — 22 cases
State v. Clemente-Perez, 359 P.3d 232 (Or. 2015). “ORS 166.250. At the close of the state’s case, defendant moved for judgment of acquittal, arguing that the state had not presented suffi- cient evidence that he had “[p]ossesse[d] a handgun that is concealed and readily accessible to the person within any vehicle,” within the…”
State v. Harrison, 450 P.3d 499 (Or. 2019). “Defendant was convicted, 1 The version of ORS 166.250 in effect at the time of defendant’s crime has since been amended but the amendments do not affect the analysis in this case.”
State v. Williams, 984 P.2d 312 (Or. Ct. App. 1999). “185, after marijuana was discovered in his possession when he was being booked after being arrested for unlawful possession of a firearm, ORS 166.250. The state argues that the trial court erred in determining that the police officer who arrested defendant for unlawful…”
State v. Anfield, 836 P.2d 1337 (Or. 1992).
State v. Vinge, 564 P.3d 186 (Or. Ct. App. 2025). “The state charged defendant with unlawful posses- sion of a firearm, ORS 166.250, and possession of a loaded firearm in public, Portland City Code 14A.”
— Or. Rev. Stat. § 166.250(1)(c) — 5 cases
State v. Burris, 518 P.3d 891 (Or. 2022). “Held: The mis- demeanor offense of unlawful possession of a firearm, under ORS 166.250, does not incorporate the 15-year exception that applies to the felony offense of felon in possession of a firearm, under ORS 166.”
State v. Long, 807 P.2d 815 (Or. Ct. App. 1991).
State Ex Rel. Juv. Dep't v. Orozco, 878 P.2d 432 (Or. Ct. App. 1994).
Willis v. Winters, 253 P.3d 1058 (Or. 2011).
State v. Burris, 481 P.3d 319 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 166.250(1)(c)(A) — 2 cases
Newman v. Marion Cnty. Sheriff's Off., 538 P.3d 895 (Or. Ct. App. 2023).
Newman v. Marion Cnty. Sheriff's Off. (Or. Ct. App. 2023).
— Or. Rev. Stat. § 166.250(1)(c)(C) — 9 cases
State v. Burris, 518 P.3d 891 (Or. 2022). “Held: The mis- demeanor offense of unlawful possession of a firearm, under ORS 166.250, does not incorporate the 15-year exception that applies to the felony offense of felon in possession of a firearm, under ORS 166.”
Newman v. Marion Cnty. Sheriff's Off., 538 P.3d 895 (Or. Ct. App. 2023).
Bentley v. Multnomah Cnty. Sheriff's Off., 443 P.3d 743 (Or. Ct. App. 2019).
Mohiadeen v. Washington Cnty. Sheriff's Off., 338 Or. App. 29 (Or. Ct. App. 2025).
Newman v. Marion Cnty. Sheriff's Off. (Or. Ct. App. 2023).
— Or. Rev. Stat. § 166.250(1)(c)(D) — 2 cases
State v. C. W., 553 P.3d 577 (Or. Ct. App. 2024).
State v. H. N., 545 P.3d 186 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 166.250(1)(c)(H) — 2 cases
Newman v. Marion Cnty. Sheriff's Off., 538 P.3d 895 (Or. Ct. App. 2023).
Newman v. Marion Cnty. Sheriff's Off. (Or. Ct. App. 2023).
— Or. Rev. Stat. § 166.250(2) — 4 cases
State v. Clemente-Perez, 359 P.3d 232 (Or. 2015). “ORS 166.250. At the close of the state’s case, defendant moved for judgment of acquittal, arguing that the state had not presented suffi- cient evidence that he had “[p]ossesse[d] a handgun that is concealed and readily accessible to the person within any vehicle,” within the…”
State v. Burris, 518 P.3d 891 (Or. 2022). “Held: The mis- demeanor offense of unlawful possession of a firearm, under ORS 166.250, does not incorporate the 15-year exception that applies to the felony offense of felon in possession of a firearm, under ORS 166.”
State v. Clemente-Perez, 322 P.3d 1082 (Or. Ct. App. 2014).
State ex rel. Juv. Dep't v. Poston, 873 P.2d 429 (Or. Ct. App. 1994).
— Or. Rev. Stat. § 166.250(2)(a) — 1 case
State v. Burris, 518 P.3d 891 (Or. 2022). “Held: The mis- demeanor offense of unlawful possession of a firearm, under ORS 166.250, does not incorporate the 15-year exception that applies to the felony offense of felon in possession of a firearm, under ORS 166.”
— Or. Rev. Stat. § 166.250(2)(a)(A) — 1 case
State v. N.S.B. (In re N.S.B.), 412 P.3d 1245 (Or. Ct. App. 2018).
— Or. Rev. Stat. § 166.250(2)(a)(B) — 1 case
State ex rel. Juv. Dep't v. Poston, 873 P.2d 429 (Or. Ct. App. 1994).
— Or. Rev. Stat. § 166.250(2)(b) — 10 cases
State v. Clemente-Perez, 359 P.3d 232 (Or. 2015). “ORS 166.250. At the close of the state’s case, defendant moved for judgment of acquittal, arguing that the state had not presented suffi- cient evidence that he had “[p]ossesse[d] a handgun that is concealed and readily accessible to the person within any vehicle,” within the…”
State v. Perry, 77 P.3d 313 (Or. 2003). “Defendant was charged with unlawful possession of a firearm, ORS 166.250, for carrying a concealed weapon without a license while working as an employee at a convenience store.”
State v. Perry, 996 P.2d 995 (Or. Ct. App. 2000). “Defendant was charged with unlawful possession of a firearm, ORS 166.250, menacing, ORS 163.190, and pointing a firearm at another, ORS 166.”
State v. Wolf, 317 P.3d 377 (Or. Ct. App. 2013). “In this instance, our consideration of the statute’s history is limited to reviewing the historical development of statutes regulating the carrying of concealed weapons, as that development culminated in the 1925 enactment, because “any legislative history concerning the scope…”
State v. Leslie, 132 P.3d 37 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 166.250(3) — 9 cases
State v. Leake, 527 P.3d 1054 (Or. Ct. App. 2023). “Held: A firearm is “carried openly” in a belt holster, and therefore not “concealed” for purposes of ORS 166.250, if the holstered firearm gives reasonable notice of the firearm’s presence to a person exercising ordinary scrutiny when coming into contact with the person carrying…”
State v. Abram, 359 P.3d 431 (Or. Ct. App. 2015).
State v. Briney, 200 P.3d 550 (Or. 2008). “210: “As used in ORS 166.250 to 166.270,166.291 to 166.295 and 166.”
Willis v. Winters, 253 P.3d 1058 (Or. 2011).
State v. Wolf, 317 P.3d 377 (Or. Ct. App. 2013). “In this instance, our consideration of the statute’s history is limited to reviewing the historical development of statutes regulating the carrying of concealed weapons, as that development culminated in the 1925 enactment, because “any legislative history concerning the scope…”
— Or. Rev. Stat. § 166.250(4) — 2 cases
State v. Clemente-Perez, 359 P.3d 232 (Or. 2015). “ORS 166.250. At the close of the state’s case, defendant moved for judgment of acquittal, arguing that the state had not presented suffi- cient evidence that he had “[p]ossesse[d] a handgun that is concealed and readily accessible to the person within any vehicle,” within the…”
State v. Stutzman, 346 Or. App. 583 (Or. Ct. App. 2026).
— Or. Rev. Stat. § 166.250(4)(a) — 2 cases
State v. Clemente-Perez, 359 P.3d 232 (Or. 2015). “ORS 166.250. At the close of the state’s case, defendant moved for judgment of acquittal, arguing that the state had not presented suffi- cient evidence that he had “[p]ossesse[d] a handgun that is concealed and readily accessible to the person within any vehicle,” within the…”
State v. Stutzman, 346 Or. App. 583 (Or. Ct. App. 2026).
— Or. Rev. Stat. § 166.250(4)(b) — 2 cases
State v. Clemente-Perez, 359 P.3d 232 (Or. 2015). “ORS 166.250. At the close of the state’s case, defendant moved for judgment of acquittal, arguing that the state had not presented suffi- cient evidence that he had “[p]ossesse[d] a handgun that is concealed and readily accessible to the person within any vehicle,” within the…”
State v. Stutzman, 346 Or. App. 583 (Or. Ct. App. 2026).
— Or. Rev. Stat. § 166.250(5) — 1 case
State v. Burris, 518 P.3d 891 (Or. 2022). “Held: The mis- demeanor offense of unlawful possession of a firearm, under ORS 166.250, does not incorporate the 15-year exception that applies to the felony offense of felon in possession of a firearm, under ORS 166.”
— Or. Rev. Stat. § 166.250(c) — 1 case
Welsh v. Taylor, 392 P.3d 366 (Or. Ct. App. 2017).
— Or. Rev. Stat. § 166.250(l)(a) — 17 cases
State v. Briney, 200 P.3d 550 (Or. 2008). “210: “As used in ORS 166.250 to 166.270,166.291 to 166.295 and 166.”
State v. Williams, 984 P.2d 312 (Or. Ct. App. 1999). “185, after marijuana was discovered in his possession when he was being booked after being arrested for unlawful possession of a firearm, ORS 166.250. The state argues that the trial court erred in determining that the police officer who arrested defendant for unlawful…”
Drake v. Filko, 724 F.3d 426 (3rd Cir. 2013).
State v. Perry, 996 P.2d 995 (Or. Ct. App. 2000). “Defendant was charged with unlawful possession of a firearm, ORS 166.250, menacing, ORS 163.190, and pointing a firearm at another, ORS 166.”
State v. Perry, 77 P.3d 313 (Or. 2003). “Defendant was charged with unlawful possession of a firearm, ORS 166.250, for carrying a concealed weapon without a license while working as an employee at a convenience store.”
— Or. Rev. Stat. § 166.250(l)(b) — 12 cases
State v. Clemente-Perez, 359 P.3d 232 (Or. 2015). “ORS 166.250. At the close of the state’s case, defendant moved for judgment of acquittal, arguing that the state had not presented suffi- cient evidence that he had “[p]ossesse[d] a handgun that is concealed and readily accessible to the person within any vehicle,” within the…”
State v. Crampton, 31 P.3d 430 (Or. Ct. App. 2001).
State v. Williams, 984 P.2d 312 (Or. Ct. App. 1999). “185, after marijuana was discovered in his possession when he was being booked after being arrested for unlawful possession of a firearm, ORS 166.250. The state argues that the trial court erred in determining that the police officer who arrested defendant for unlawful…”
State v. Anfield, 836 P.2d 1337 (Or. 1992).
State v. Ehly, 854 P.2d 421 (Or. 1993).
— Or. Rev. Stat. § 166.250(l)(c) — 4 cases
State v. Perry, 77 P.3d 313 (Or. 2003). “Defendant was charged with unlawful possession of a firearm, ORS 166.250, for carrying a concealed weapon without a license while working as an employee at a convenience store.”
Willis v. Winters, 253 P.3d 1058 (Or. 2011).
State v. Honzel, 33 P.3d 346 (Or. Ct. App. 2001).
State Ex Rel. Juv. Dep't v. Gallegos, 945 P.2d 656 (Or. Ct. App. 1997).
— Or. Rev. Stat. § 166.250(lXa) — 1 case
State v. Williams, 984 P.2d 312 (Or. Ct. App. 1999). “185, after marijuana was discovered in his possession when he was being booked after being arrested for unlawful possession of a firearm, ORS 166.250. The state argues that the trial court erred in determining that the police officer who arrested defendant for unlawful…”
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