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Oregon Revised Statutes

Or. Rev. Stat. § 166.270 (2026)

Possession of weapons by certain felons

✓ current as of May 2026
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      166.270 Possession of weapons by certain felons. (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any firearm commits the crime of felon in possession of a firearm.

      (2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption Technology device as defined in ORS 165.540, or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.

      (3) For the purposes of this section, a person “has been convicted of a felony” if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if:

      (a) The court declared the conviction to be a misdemeanor at the time of judgment; or

      (b) The offense was possession of marijuana and the conviction was prior to January 1, 1972.

      (4) Subsection (1) of this section does not apply to any person who has been:

      (a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or

      (b) Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction.

      (5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987 c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16; 2003 c.14 §64; 2009 c.189 §1; 2009 c.499 §3]

Notes of Decisions
Cited in 557 cases (133 in the last 5 years), 1959–2026 · leading case: State v. Burris, 518 P.3d 891 (Or. 2022).
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State v. Burris, 518 P.3d 891 (Or. 2022). · cites it 124× “250, does not incorporate the 15-year exception that applies to the felony offense of felon in possession of a firearm, under ORS 166.270. The decision of the Court of Appeals and the judgment of the circuit court are affirmed.”
State v. Hirsch/Friend, 114 P.3d 1104 (Or. 2005). · cites it 35× “Robinson, 217 Or 612 , 343 P2d 886 (1959), this court rejected a constitutional challenge under Article I, section 27, *637 to an earlier version of ORS 166.270, which, at the time, prohibited unnaturalized foreign-bom persons and certain convicted felons from owning or…”
State v. Stark, 307 P.3d 418 (Or. 2013). · cites it 48× “Defendant challenges his conviction for the crime of felon in possession of a firearm, arguing that, when he possessed the firearm in question, he was not a “person who has been convicted of a felony” within the meaning of the felon-in-possession statute, ORS 166.270. Paragraph…”
State v. Parras, 531 P.3d 711 (Or. Ct. App. 2023). · cites it 22× “Crook County Circuit Court 19CR11103; A174543 531 P3d 711 Defendant was convicted of being a felon in possession of a firearm under ORS 166.270. He moved for a judgment of acquittal, arguing that ORS 166.”
State v. Rainoldi, 268 P.3d 568 (Or. 2011). · cites it 22× “425, and attempted felon in possession of a firearm, ORS 166.270. The state then charged defendant by information with those offenses, alleging that defendant “knowingly” attempted to purchase and “intentionally” attempted to own a firearm.”
Bailey v. Lampert, 153 P.3d 95 (Or. 2007). · cites it 29× “As a result, petitioner was indicted on two counts of being a felon in possession of a firearm in violation of ORS 166.270. He later was convicted of those charges in a trial based on stipulated facts.”
State v. Rainoldi, 235 P.3d 710 (Or. Ct. App. 2010). · cites it 17× “STATUTORY BACKGROUND We begin by noting that ORS 166.270, the felon in possession statute, is not part of the Oregon Criminal Code.”
State v. Casey, 203 P.3d 202 (Or. 2009). · cites it 10× “Originally, the legislature did not define any of those terms, 2 and this court historically focused on the broader legal concepts of actual and constructive possession in interpreting the felon-in-possession statute.”
State v. Hash, 578 P.2d 482 (Or. Ct. App. 1978). · cites it 20× “ORS 166.270, set out in footnote 1, does not expressly require any culpable mental state.”
State v. Rodriguez, 854 P.2d 399 (Or. 1993). · cites it 6× “Defendant was charged with two counts of being an exconvict in possession of a firearm, ORS 166.270 (1987). [3] Before trial, he moved to suppress both the guns and his statements.”
State v. Torres, 277 P.3d 641 (Or. Ct. App. 2012). · cites it 10× “ORS 166.270. On appeal, the state argues that the trial court erred in merging defendant’s convictions because the charged offenses are “victimless crimes,” and ORS 161.”
State v. Giron-Cortez, 557 P.3d 505 (Or. 2024). · cites it 5× “610(2), and with one count of felon in possession of a firearm under ORS 166.270 and ORS 161.610(2).2 He was also charged with 10 counts of recklessly endangering another person under ORS 163.”
Show all 557 citing cases →
— Or. Rev. Stat. § 166.270(1) — 119 cases
State v. Hirsch/Friend, 114 P.3d 1104 (Or. 2005). “Robinson, 217 Or 612 , 343 P2d 886 (1959), this court rejected a constitutional challenge under Article I, section 27, *637 to an earlier version of ORS 166.270, which, at the time, prohibited unnaturalized foreign-bom persons and certain convicted felons from owning or…”
State v. Burris, 518 P.3d 891 (Or. 2022). “250, does not incorporate the 15-year exception that applies to the felony offense of felon in possession of a firearm, under ORS 166.270. The decision of the Court of Appeals and the judgment of the circuit court are affirmed.”
State v. Rainoldi, 268 P.3d 568 (Or. 2011). “425, and attempted felon in possession of a firearm, ORS 166.270. The state then charged defendant by information with those offenses, alleging that defendant “knowingly” attempted to purchase and “intentionally” attempted to own a firearm.”
State v. Rainoldi, 235 P.3d 710 (Or. Ct. App. 2010). “STATUTORY BACKGROUND We begin by noting that ORS 166.270, the felon in possession statute, is not part of the Oregon Criminal Code.”
Bailey v. Lampert, 153 P.3d 95 (Or. 2007). “As a result, petitioner was indicted on two counts of being a felon in possession of a firearm in violation of ORS 166.270. He later was convicted of those charges in a trial based on stipulated facts.”
— Or. Rev. Stat. § 166.270(1999) — 1 case
In re Pers. Restraint of Canha (Wash. 2017).
— Or. Rev. Stat. § 166.270(2) — 56 cases
State v. Perez, 102 P.3d 705 (Or. Ct. App. 2004).
State v. Wilcox, 522 P.3d 926 (Or. Ct. App. 2022).
State v. Hess, 159 P.3d 309 (Or. 2007).
State v. Tennant, 483 P.3d 1226 (Or. Ct. App. 2021).
State v. Brown, 531 P.3d 178 (Or. Ct. App. 2023).
— Or. Rev. Stat. § 166.270(3) — 8 cases
State v. Stark, 307 P.3d 418 (Or. 2013). “Defendant challenges his conviction for the crime of felon in possession of a firearm, arguing that, when he possessed the firearm in question, he was not a “person who has been convicted of a felony” within the meaning of the felon-in-possession statute, ORS 166.270. Paragraph…”
Bailey v. Lampert, 153 P.3d 95 (Or. 2007). “As a result, petitioner was indicted on two counts of being a felon in possession of a firearm in violation of ORS 166.270. He later was convicted of those charges in a trial based on stipulated facts.”
Mohiadeen v. Washington Cnty. Sheriff's Off., 338 Or. App. 29 (Or. Ct. App. 2025).
Mohiadeen v. Washington Cnty. Sheriff's Off., 338 Or. App. 29 (Or. Ct. App. 2025).
State v. Bonner, 621 P.2d 87 (Or. Ct. App. 1980).
— Or. Rev. Stat. § 166.270(3)(a) — 9 cases
State v. Stark, 307 P.3d 418 (Or. 2013). “Defendant challenges his conviction for the crime of felon in possession of a firearm, arguing that, when he possessed the firearm in question, he was not a “person who has been convicted of a felony” within the meaning of the felon-in-possession statute, ORS 166.270. Paragraph…”
State v. Samuel, 410 P.3d 275 (Or. Ct. App. 2017).
Koennecke v. Lampert, 108 P.3d 653 (Or. Ct. App. 2005).
State v. Stark, 273 P.3d 941 (Or. Ct. App. 2012).
Mohiadeen v. Washington Cnty. Sheriff's Off., 338 Or. App. 29 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 166.270(4) — 8 cases
Bailey v. Lampert, 153 P.3d 95 (Or. 2007). “As a result, petitioner was indicted on two counts of being a felon in possession of a firearm in violation of ORS 166.270. He later was convicted of those charges in a trial based on stipulated facts.”
State v. Rainoldi, 235 P.3d 710 (Or. Ct. App. 2010). “STATUTORY BACKGROUND We begin by noting that ORS 166.270, the felon in possession statute, is not part of the Oregon Criminal Code.”
State v. Burris, 518 P.3d 891 (Or. 2022). “250, does not incorporate the 15-year exception that applies to the felony offense of felon in possession of a firearm, under ORS 166.270. The decision of the Court of Appeals and the judgment of the circuit court are affirmed.”
State v. Burris, 481 P.3d 319 (Or. Ct. App. 2021).
State v. Shelnutt, 483 P.3d 53 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 166.270(4)(a) — 5 cases
State v. Burris, 518 P.3d 891 (Or. 2022). “250, does not incorporate the 15-year exception that applies to the felony offense of felon in possession of a firearm, under ORS 166.270. The decision of the Court of Appeals and the judgment of the circuit court are affirmed.”
State v. Giron-Cortez, 557 P.3d 505 (Or. 2024). “610(2), and with one count of felon in possession of a firearm under ORS 166.270 and ORS 161.610(2).2 He was also charged with 10 counts of recklessly endangering another person under ORS 163.”
State v. Hirsch/Friend, 114 P.3d 1104 (Or. 2005). “Robinson, 217 Or 612 , 343 P2d 886 (1959), this court rejected a constitutional challenge under Article I, section 27, *637 to an earlier version of ORS 166.270, which, at the time, prohibited unnaturalized foreign-bom persons and certain convicted felons from owning or…”
Mohiadeen v. Washington Cnty. Sheriff's Off., 338 Or. App. 29 (Or. Ct. App. 2025).
Mohiadeen v. Washington Cnty. Sheriff's Off., 338 Or. App. 29 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 166.270(4)(b) — 1 case
Bailey v. Lampert, 153 P.3d 95 (Or. 2007). “As a result, petitioner was indicted on two counts of being a felon in possession of a firearm in violation of ORS 166.270. He later was convicted of those charges in a trial based on stipulated facts.”
— Or. Rev. Stat. § 166.270(5) — 4 cases
State v. Davis, 335 P.3d 322 (Or. Ct. App. 2014).
State v. Burris, 518 P.3d 891 (Or. 2022). “250, does not incorporate the 15-year exception that applies to the felony offense of felon in possession of a firearm, under ORS 166.270. The decision of the Court of Appeals and the judgment of the circuit court are affirmed.”
State v. Wolfs, 826 P.2d 623 (Or. 1992).
State v. Snyder, 447 P.3d 41 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 166.270(l) — 1 case
State v. Marks, 400 P.3d 951 (Or. Ct. App. 2017).
— Or. Rev. Stat. § 166.270(l)(b) — 1 case
State v. Rainoldi, 268 P.3d 568 (Or. 2011). “425, and attempted felon in possession of a firearm, ORS 166.270. The state then charged defendant by information with those offenses, alleging that defendant “knowingly” attempted to purchase and “intentionally” attempted to own a firearm.”
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