166.255
Possession of firearm or ammunition by certain persons prohibited. (1) It is unlawful for a person to
knowingly possess a firearm or ammunition if:
(a) The person is
the subject of a court order that:
(A)(i) Was issued
or continued after a hearing for which the person had actual notice and during
the course of which the person had an opportunity to be heard; or
(ii) Was issued,
continued or remains in effect, by order or operation of law, after the person
received notice of the opportunity to request a hearing in which to be heard on
the order, and either requested a hearing but did not attend the hearing or withdrew
the request before the hearing occurred, or did not request a hearing during
the time period in which the opportunity was available;
(B) Restrains the
person from stalking, intimidating, molesting or menacing a family or household
member of the person, a child of a family or household member of the person or
a child of the person; and
(C) Includes a
finding that the person represents a credible threat to the physical safety of
a family or household member of the person, a child of a family or household
member of the person or a child of the person;
(b) The person
has been convicted of a qualifying misdemeanor and, at the time of the offense,
the person was:
(A) A family or
household member of the victim of the offense; or
(B) A parent or
guardian of the victim of the offense; or
(c) The person
has been convicted of stalking under ORS 163.732.
(2) The
prohibition described in subsection (1)(a) of this section does not apply with
respect to the transportation, shipment, receipt, possession or importation of
any firearm or ammunition imported for, sold or shipped to or issued for the
use of the United States Government or any federal department or agency, or any
state or department, agency or political subdivision of a state.
(3) As used in
this section:
(a) “Convicted”
means:
(A) The person
was represented by counsel or knowingly and intelligently waived the right to
counsel;
(B) The case was
tried to a jury, if the crime was one for which the person was entitled to a
jury trial, or the person knowingly and intelligently waived the person’s right
to a jury trial; and
(C) The
conviction has not been set aside or expunged, and the person has not been
pardoned.
(b) “Deadly
weapon” has the meaning given that term in ORS 161.015.
(c) “Family or
household member” has the meaning given that term in ORS 135.230.
(d) “Possess” has
the meaning given that term in ORS 161.015.
(e) “Qualifying
misdemeanor” means a misdemeanor that has, as an element of the offense, the
use or attempted use of physical force or the threatened use of a deadly
weapon. [2015 c.497 §2; 2018 c.5 §1; 2019 c.201 §1]
Notes of Decisions
Cited in
23
cases (
22 in the last 5 years), 2019–2026 · leading case:
State v. Eggers, 372 Or. 789 (Or. 2024).
State v. Eggers, 372 Or. 789 (Or. 2024).
· cites it 49× “” For purposes of that prohibition, a “qualifying mis- demeanor” is one that “has, as an element of the offense, the use or attempted use of physical force.”
State v. Eggers, 532 P.3d 518 (Or. Ct. App. 2023).
· cites it 50× “337 Submitted August 23, 2022, remanded for entry of a corrected judgment omit- ting provision prohibiting defendant from possessing firearms or ammunition pursuant to ORS 166.255 and ORS 166.250, otherwise affirmed June 14, 2023 STATE OF OREGON, Plaintiff-Respondent, v.”
State v. Mullin, 327 Or. App. 319 (Or. Ct. App. 2023).
· cites it 9× “Submitted August 17, 2022, remanded for entry of a judgment omitting provi- sion prohibiting defendant from possessing firearms or ammunition pursuant to ORS 166.255 and ORS 166.250, otherwise affirmed July 26, petition for review allowed December 7, 2023 ( 371 Or 511 ) See…”
State v. Eggers, 372 Or. 789 (Or. 2024).
· cites it 49× “255 provides, in part, that “it is unlawful for a person to knowingly possess a firearm or ammunition if * * * [t]he person has been convicted of a qualifying mis- demeanor and, at the time of the offense, the person was * * * [a] family or household member of the victim of the…”
State v. Lane, 561 P.3d 1164 (Or. Ct. App. 2024).
· cites it 3× “The judgment of conviction contains probation conditions that prohibit defendant from possessing firearms or ammu- nition under ORS 166.255, which provides, in part, that “[i]t is unlawful for a person to knowingly possess a firearm or ammunition if * * * [t]he person has been…”
State v. Mullin, 339 Or. App. 784 (Or. Ct. App. 2025).
· cites it 13× “The trial court “imposed a probation condition prohib- iting [defendant] from possessing firearms or ammunition under ORS 166.255 and ORS 166.250.” Id. After accepting the state’s concession that menacing, ORS 163.”
Newman v. Marion Cnty. Sheriff's Off., 538 P.3d 895 (Or. Ct. App. 2023).
““Given that standard of review, we inde- pendently assess and evaluate the evidence and reweigh the facts and reassess the persuasive force of the evidence.”
State v. Mullin, 339 Or. App. 784 (Or. Ct. App. 2025).
· cites it 13× “The trial court “imposed a probation condition prohib- iting [defendant] from possessing firearms or ammunition under ORS 166.255 and ORS 166.250.” Id. After accepting the state’s concession that menacing, ORS 163.”
Bd. of Cty. Comm. of Columbia Cty. v. Rosenblum, 526 P.3d 798 (Or. Ct. App. 2023).
“663 (prohibiting casting artificial light from a motor vehicle while in the possession or immedi- ate physical presence of a firearm); ORS 166.255(1)(b) (prohibiting possession of firearm or ammunition by any person convicted of qualifying misdemeanor where victim was a family…”
State v. Eggers (Or. Ct. App. 2023).
· cites it 42× “Remanded for entry of a corrected judgment omitting provision prohibiting defendant from possessing firearms or ammunition pursuant to ORS 166.255 and ORS 166.250; otherwise affirmed.”
State v. Mullin, 558 P.3d 829 (Or. 2024).
· cites it 3× “065(1)(a)(A), constitutes a “qualifying misdemeanor” under the unlawful possession of a firearm statute, ORS 166.255. The Court of Appeals in this case concluded that the trial court had erred in impos- ing the firearms prohibition for defendant’s harassment con- viction, citing…”
State v. Schriner, 562 P.3d 296 (Or. Ct. App. 2024).
“, ORS 166.255 (a “qualifying misdemeanor” is one that “has, as an element of the offense, the use or attempted use of physical force or the threatened use of a deadly weapon”).”
— Or. Rev. Stat. § 166.255(1) — 2 cases
State v. Eggers, 532 P.3d 518 (Or. Ct. App. 2023).
“337 Submitted August 23, 2022, remanded for entry of a corrected judgment omit- ting provision prohibiting defendant from possessing firearms or ammunition pursuant to ORS 166.255 and ORS 166.250, otherwise affirmed June 14, 2023 STATE OF OREGON, Plaintiff-Respondent, v.”
State v. Eggers (Or. Ct. App. 2023).
“Remanded for entry of a corrected judgment omitting provision prohibiting defendant from possessing firearms or ammunition pursuant to ORS 166.255 and ORS 166.250; otherwise affirmed.”
— Or. Rev. Stat. § 166.255(1)(b) — 6 cases
State v. Eggers, 532 P.3d 518 (Or. Ct. App. 2023).
“337 Submitted August 23, 2022, remanded for entry of a corrected judgment omit- ting provision prohibiting defendant from possessing firearms or ammunition pursuant to ORS 166.255 and ORS 166.250, otherwise affirmed June 14, 2023 STATE OF OREGON, Plaintiff-Respondent, v.”
State v. Eggers, 372 Or. 789 (Or. 2024).
“” For purposes of that prohibition, a “qualifying mis- demeanor” is one that “has, as an element of the offense, the use or attempted use of physical force.”
Bd. of Cty. Comm. of Columbia Cty. v. Rosenblum, 526 P.3d 798 (Or. Ct. App. 2023).
“663 (prohibiting casting artificial light from a motor vehicle while in the possession or immedi- ate physical presence of a firearm); ORS 166.255(1)(b) (prohibiting possession of firearm or ammunition by any person convicted of qualifying misdemeanor where victim was a family…”
State v. Mullin, 327 Or. App. 319 (Or. Ct. App. 2023).
“Submitted August 17, 2022, remanded for entry of a judgment omitting provi- sion prohibiting defendant from possessing firearms or ammunition pursuant to ORS 166.255 and ORS 166.250, otherwise affirmed July 26, petition for review allowed December 7, 2023 ( 371 Or 511 ) See…”
State v. Eggers (Or. Ct. App. 2023).
“Remanded for entry of a corrected judgment omitting provision prohibiting defendant from possessing firearms or ammunition pursuant to ORS 166.255 and ORS 166.250; otherwise affirmed.”
— Or. Rev. Stat. § 166.255(3)(a)(C) — 2 cases
State v. Eggers, 532 P.3d 518 (Or. Ct. App. 2023).
“337 Submitted August 23, 2022, remanded for entry of a corrected judgment omit- ting provision prohibiting defendant from possessing firearms or ammunition pursuant to ORS 166.255 and ORS 166.250, otherwise affirmed June 14, 2023 STATE OF OREGON, Plaintiff-Respondent, v.”
State v. Eggers (Or. Ct. App. 2023).
“Remanded for entry of a corrected judgment omitting provision prohibiting defendant from possessing firearms or ammunition pursuant to ORS 166.255 and ORS 166.250; otherwise affirmed.”
— Or. Rev. Stat. § 166.255(3)(d) — 1 case
— Or. Rev. Stat. § 166.255(3)(e) — 9 cases
State v. Eggers, 372 Or. 789 (Or. 2024).
“” For purposes of that prohibition, a “qualifying mis- demeanor” is one that “has, as an element of the offense, the use or attempted use of physical force.”
State v. Eggers, 532 P.3d 518 (Or. Ct. App. 2023).
“337 Submitted August 23, 2022, remanded for entry of a corrected judgment omit- ting provision prohibiting defendant from possessing firearms or ammunition pursuant to ORS 166.255 and ORS 166.250, otherwise affirmed June 14, 2023 STATE OF OREGON, Plaintiff-Respondent, v.”
State v. Eggers, 372 Or. 789 (Or. 2024).
“255 provides, in part, that “it is unlawful for a person to knowingly possess a firearm or ammunition if * * * [t]he person has been convicted of a qualifying mis- demeanor and, at the time of the offense, the person was * * * [a] family or household member of the victim of the…”
State v. Lane, 561 P.3d 1164 (Or. Ct. App. 2024).
“The judgment of conviction contains probation conditions that prohibit defendant from possessing firearms or ammu- nition under ORS 166.255, which provides, in part, that “[i]t is unlawful for a person to knowingly possess a firearm or ammunition if * * * [t]he person has been…”
State v. Mullin, 327 Or. App. 319 (Or. Ct. App. 2023).
“Submitted August 17, 2022, remanded for entry of a judgment omitting provi- sion prohibiting defendant from possessing firearms or ammunition pursuant to ORS 166.255 and ORS 166.250, otherwise affirmed July 26, petition for review allowed December 7, 2023 ( 371 Or 511 ) See…”
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