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Oregon Revised Statutes

Or. Rev. Stat. § 166.260 (2026)

Persons not affected by ORS 166.250

✓ current as of May 2026
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      166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect:

      (a) A parole and probation officer, police officer or reserve officer, as those terms are defined in ORS 181A.355.

      (b) A federal officer, as defined in ORS 133.005, or a certified reserve officer or corrections officer, as those terms are defined in ORS 181A.355, while the federal officer, certified reserve officer or corrections officer is acting within the scope of employment.

      (c) 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.

      (d) Any person summoned by an officer described in paragraph (a) or (b) of this subsection to assist in making arrests or preserving the peace, while the summoned person is engaged in assisting the officer.

      (e) The possession or transportation by any merchant of unloaded firearms as merchandise.

      (f) Active or reserve members of:

      (A) The Army, Navy, Air Force, Marine Corps, Coast Guard or Space Force of the United States, or of the National Guard, when on duty;

      (B) The commissioned corps of the National Oceanic and Atmospheric Administration; or

      (C) The Public Health Service of the United States Department of Health and Human Services, when detailed by proper authority for duty with the Army or Navy of the United States.

      (g) Organizations which are by law authorized to purchase or receive weapons described in ORS 166.250 from the United States, or from this state.

      (h) Duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their organization.

      (i) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

      (2) It is an affirmative defense to a charge of violating ORS 166.250 (1)(c)(C) that the person has been granted relief from the disability under ORS 166.274.

      (3) Except for persons who are otherwise prohibited from possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS 166.250 does not apply to or affect:

      (a) Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 upon such target ranges, or while going to and from such ranges.

      (b) Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.

      (4) The exceptions listed in subsection (1)(d) to (i) of this section constitute affirmative defenses to a charge of violating ORS 166.250. [Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1; 1995 c.670 §2; 1999 c.1040 §3; 2009 c.316 §2; 2009 c.499 §4; 2012 c.106 §3; 2015 c.709 §2; 2025 c.453 §4]

Notes of Decisions
Cited in 35 cases (7 in the last 5 years), 1979–2026 · 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 8× “ORS 166.260 provides that a person does not violate ORS 166.”
State v. Perry, 77 P.3d 313 (Or. 2003). · cites it 5× “Or Laws 1925, ch 260, § 6, former OC 72-206, renumbered as ORS 166.260 (1953). 9 *57 Those exceptions cover, among other persons, law enforcement officials (ORS 166.”
State v. Honzel, 33 P.3d 346 (Or. Ct. App. 2001). · cites it 27× “250 establishes the reach of the statute, and ORS 166.260 qualifies or limits that reach based on specific circumstances.”
State v. Brown, 721 P.2d 1357 (Or. 1986). · cites it 3× “250(1) provided: "Except as otherwise provided in this section, ORS 166.260, 166.270, 166.280, 166.290 or 166.”
State v. Burris, 518 P.3d 891 (Or. 2022). · cites it 4× “470, a person commits the crime of unlawful possession of a firearm” if the person: (1) carries any firearm concealed upon the person; (2) pos- sesses a handgun that is concealed and readily accessible to the person within any vehicle; or (3) possesses a firearm and falls within…”
State v. Williams, 984 P.2d 312 (Or. Ct. App. 1999). · cites it 4× “250, the statute on which the state relies for its probable cause argument in this case, provides in pertinent part: "(1) Except as otherwise provided in this section, ORS 166.260, 166.270, 166.274, 166.280, 166.”
State v. Leake, 527 P.3d 1054 (Or. Ct. App. 2023). · cites it 2× “3 See ORS 166.260(1)(i) (ORS 166.250 does not apply to “[a] person who is licensed under ORS 166.”
State v. Harris, 594 P.2d 1318 (Or. Ct. App. 1979). · cites it 4× “In effect, the statute now reads: "(1) Except as provided in ORS 166.260, 166.290 and subsection (2) of this section, any person who carries concealed about his person in any manner, any revolver, pistol, or other firearm, or any dirk, dagger, slung shot, metal knuckles, or any…”
State v. Briney, 200 P.3d 550 (Or. 2008). · cites it 2× “250(1)(a), which provides, in part: “Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.”
Willis v. Winters, 253 P.3d 1058 (Or. 2011). · cites it 2× “” ORS 166.260(1)(h). To obtain a concealed handgun license (CHL), a person must meet certain residency, age, and background requirements.”
State v. Crampton, 31 P.3d 430 (Or. Ct. App. 2001). · cites it 2× “260(l)(b) (1997) provided, in part: "(1) Except as otherwise provided in this section, ORS 166.260, 166.270, 166.274,166.280,166.”
State v. Crumal, 633 P.2d 1313 (Or. Ct. App. 1981). · cites it 3× “250(1), which provides: "(1) Except as otherwise provided in this section, ORS 166.260, 166.270, 166.280, 166.290 or 166.”
Show all 35 citing cases →
— Or. Rev. Stat. § 166.260(1) — 2 cases
State v. Perry, 996 P.2d 995 (Or. Ct. App. 2000).
State v. Burris, 481 P.3d 319 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 166.260(1)(h) — 2 cases
Willis v. Winters, 253 P.3d 1058 (Or. 2011). “” ORS 166.260(1)(h). To obtain a concealed handgun license (CHL), a person must meet certain residency, age, and background requirements.”
State v. Perry, 996 P.2d 995 (Or. Ct. App. 2000).
— Or. Rev. Stat. § 166.260(1)(i) — 5 cases
State v. Vinge, 564 P.3d 186 (Or. Ct. App. 2025).
State v. Leake, 527 P.3d 1054 (Or. Ct. App. 2023). “3 See ORS 166.260(1)(i) (ORS 166.250 does not apply to “[a] person who is licensed under ORS 166.”
State v. Sepelak, 346 Or. App. 819 (Or. Ct. App. 2026).
State v. Leake (Or. Ct. App. 2023).
State v. Sepelak, 346 Or. App. 819 (Or. Ct. App. 2026).
— Or. Rev. Stat. § 166.260(2) — 2 cases
State v. Honzel, 33 P.3d 346 (Or. Ct. App. 2001). “250 establishes the reach of the statute, and ORS 166.260 qualifies or limits that reach based on specific circumstances.”
State v. Burris, 481 P.3d 319 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 166.260(2)(a) — 1 case
State v. Honzel, 33 P.3d 346 (Or. Ct. App. 2001). “250 establishes the reach of the statute, and ORS 166.260 qualifies or limits that reach based on specific circumstances.”
— Or. Rev. Stat. § 166.260(2)(b) — 1 case
State v. Honzel, 33 P.3d 346 (Or. Ct. App. 2001). “250 establishes the reach of the statute, and ORS 166.260 qualifies or limits that reach based on specific circumstances.”
— Or. Rev. Stat. § 166.260(3) — 1 case
State v. Clemente-Perez, 359 P.3d 232 (Or. 2015). “ORS 166.260 provides that a person does not violate ORS 166.”
— Or. Rev. Stat. § 166.260(3)(a) — 2 cases
State v. Clemente-Perez, 359 P.3d 232 (Or. 2015). “ORS 166.260 provides that a person does not violate ORS 166.”
Conrady v. Lincoln Cnty., 316 P.3d 413 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 166.260(3)(b) — 1 case
State v. Clemente-Perez, 359 P.3d 232 (Or. 2015). “ORS 166.260 provides that a person does not violate ORS 166.”
— Or. Rev. Stat. § 166.260(4) — 3 cases
State v. Leake, 527 P.3d 1054 (Or. Ct. App. 2023). “3 See ORS 166.260(1)(i) (ORS 166.250 does not apply to “[a] person who is licensed under ORS 166.”
State v. Burris, 481 P.3d 319 (Or. Ct. App. 2021).
State v. Leake (Or. Ct. App. 2023).
— Or. Rev. Stat. § 166.260(9) — 1 case
Haynes v. State of Oregon, 854 P.2d 949 (Or. Ct. App. 1993).
— Or. Rev. Stat. § 166.260(l)(a) — 3 cases
State v. Perry, 77 P.3d 313 (Or. 2003). “Or Laws 1925, ch 260, § 6, former OC 72-206, renumbered as ORS 166.260 (1953). 9 *57 Those exceptions cover, among other persons, law enforcement officials (ORS 166.”
State v. Boly, 149 P.3d 1237 (Or. Ct. App. 2006).
State v. Honzel, 33 P.3d 346 (Or. Ct. App. 2001). “250 establishes the reach of the statute, and ORS 166.260 qualifies or limits that reach based on specific circumstances.”
— Or. Rev. Stat. § 166.260(l)(b) — 2 cases
State v. Crampton, 31 P.3d 430 (Or. Ct. App. 2001). “260(l)(b) (1997) provided, in part: "(1) Except as otherwise provided in this section, ORS 166.260, 166.270, 166.274,166.280,166.”
State v. Honzel, 33 P.3d 346 (Or. Ct. App. 2001). “250 establishes the reach of the statute, and ORS 166.260 qualifies or limits that reach based on specific circumstances.”
— Or. Rev. Stat. § 166.260(l)(c) — 1 case
State v. Perry, 77 P.3d 313 (Or. 2003). “Or Laws 1925, ch 260, § 6, former OC 72-206, renumbered as ORS 166.260 (1953). 9 *57 Those exceptions cover, among other persons, law enforcement officials (ORS 166.”
— Or. Rev. Stat. § 166.260(l)(d) — 1 case
State v. Perry, 77 P.3d 313 (Or. 2003). “Or Laws 1925, ch 260, § 6, former OC 72-206, renumbered as ORS 166.260 (1953). 9 *57 Those exceptions cover, among other persons, law enforcement officials (ORS 166.”
— Or. Rev. Stat. § 166.260(l)(g) — 1 case
State v. Tate, 220 P.3d 1176 (Or. 2009).
— Or. Rev. Stat. § 166.260(l)(h) — 3 cases
State v. Briney, 200 P.3d 550 (Or. 2008). “250(1)(a), which provides, in part: “Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.”
Filipetti v. Dep't of Fish & Wildlife, 197 P.3d 535 (Or. Ct. App. 2008).
Willis v. Winters, 234 P.3d 141 (Or. Ct. App. 2010).
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