166.272
Unlawful possession of machine guns, certain short-barreled firearms and
firearms silencers.
(1) A person commits the crime of unlawful possession of a machine gun,
short-barreled rifle, short-barreled shotgun or firearms silencer if the person
knowingly possesses any machine gun, short-barreled rifle, short-barreled
shotgun or firearms silencer.
(2) Unlawful
possession of a machine gun, short-barreled rifle, short-barreled shotgun or
firearms silencer is a Class B felony.
(3) A peace
officer may not arrest or charge a person for violating subsection (1) of this
section if the person has in the person’s immediate possession documentation
showing that the machine gun, short-barreled rifle, short-barreled shotgun or
firearms silencer is registered as required under federal law.
(4) It is an
affirmative defense to a charge of violating subsection (1) of this section
that the machine gun, short-barreled rifle, short-barreled shotgun or firearms
silencer was registered as required under federal law. [1989 c.839 §13a; 1997
c.749 §8; 1997 c.798 §1]
Notes of Decisions
Cited in
41
cases (
5 in the last 5 years), 1992–2026 · leading case:
State v. Vasquez-Rubio, 917 P.2d 494 (Or. 1996).
State v. Vasquez-Rubio, 917 P.2d 494 (Or. 1996).
· cites it 18× “” ORS 166.272. The issue in this case is whether the state is required to prove as an element of that crime that the machine gun that defendant knowingly possessed was “not registered as required under federal law” or whether, instead, the burden is on defendant to prove…”
State v. Wrisley, 909 P.2d 877 (Or. Ct. App. 1995).
· cites it 8× “270(1), 1 unlawful possession of a short-barreled shotgun, ORS 166.272(1), 2 and conspiracy to commit robbery in the first degree.”
State v. Vasquez-Rubio, 897 P.2d 324 (Or. Ct. App. 1995).
· cites it 8× “ORS 166.272. We reverse. Police lawfully searched defendant’s home and seized several weapons.”
State v. Zweigart, 188 P.3d 242 (Or. 2008).
· cites it 2× “ORS 166.272. The jury also found defendant guilty on all the charges in the second, consolidated case.”
State v. Van Osdol, 417 P.3d 488 (Or. Ct. App. 2018).
“854 ; and unlawful possession of a short-barreled firearm, ORS 166.272, assigning error to the trial court's denial of his motion to suppress evidence obtained during the execution of a warrant to search his residence for evidence related to the crimes of delivery of heroin, ORS…”
State v. Honzel, 33 P.3d 346 (Or. Ct. App. 2001).
· cites it 5× “In that case, the statute in question, ORS 166.272, provided that a person committed the crime of unlawful possession of certain weapons if the person “knowingly possesses” one of the listed weapons that is “not registered as required under federal law.”
State v. Torres, 277 P.3d 641 (Or. Ct. App. 2012).
“240, or the possession of particular kinds of firearms, ORS 166.272 (unlawful possession of a machine gun).”
State v. Crampton, 31 P.3d 430 (Or. Ct. App. 2001).
“250(l)(b) (1997); and unlawful possession of a short-barreled shotgun, ORS 166.272. On appeal, he challenges the sufficiency of the indictment on the ground that the allegations in count 2, relating to unlawful possession of a firearm, failed to state a crime.”
State v. Thomas, 367 P.3d 537 (Or. Ct. App. 2016).
“Defendant conditionally pleaded guilty to two counts of unlawful possession of a firearm, in violation of ORS 166.272 (Count 1) and ORS 166.250 (Count 2), reserving the right to appeal the trial court’s denial of his motion to suppress the evidence of the short-barreled shotgun…”
State v. Cam, 296 P.3d 578 (Or. Ct. App. 2013).
“900(l)(b); and unlawful possession of a short-barreled shotgun, ORS 166.272. He appeals, raising 15 assignments of error.”
State v. Christian, 274 P.3d 262 (Or. Ct. App. 2012).
· cites it 2× “, ORS 166.272 (criminalizing possession of machine guns, short-barreled firearms, and silencers); see also Oregon State Shooting Assoc.”
— Or. Rev. Stat. § 166.272(1) — 3 cases
State v. Wrisley, 909 P.2d 877 (Or. Ct. App. 1995).
“270(1), 1 unlawful possession of a short-barreled shotgun, ORS 166.272(1), 2 and conspiracy to commit robbery in the first degree.”
State v. Vasquez-Rubio, 897 P.2d 324 (Or. Ct. App. 1995).
“ORS 166.272. We reverse. Police lawfully searched defendant’s home and seized several weapons.”
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