166.470
Limitations and conditions for sales of firearms. (1) Unless relief has been granted
under ORS 166.273 or 166.274 or 18 U.S.C. 925(c) or the expunction laws of this
state or an equivalent law of another jurisdiction, a person may not
intentionally sell, deliver or otherwise transfer any firearm when the
transferor knows or reasonably should know that the recipient:
(a) Is under 18
years of age;
(b) Has been
convicted of a felony;
(c) Has any
outstanding felony warrants for arrest;
(d) Is free on
any form of pretrial release for a felony;
(e) Was committed
to the Oregon Health Authority under ORS 426.130;
(f) After January
1, 1990, 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;
(g) Has been
convicted of a misdemeanor involving violence or found guilty except for
insanity under ORS 161.295 of a misdemeanor involving violence within the
previous four years. As used in this paragraph, “misdemeanor involving violence”
means a misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195 or
166.155 (1)(b);
(h) Is presently
subject to an order under ORS 426.133 prohibiting the person from purchasing or
possessing a firearm; or
(i) Has been
found guilty except for insanity under ORS 161.295 of a felony.
(2) A person may
not sell, deliver or otherwise transfer any firearm that the person knows or
reasonably should know is stolen.
(3) Subsection
(1)(a) of this section does not prohibit:
(a) The parent or
guardian, or another person with the consent of the parent or guardian, of a
minor from transferring to the minor a firearm, other than a handgun; or
(b) The temporary
transfer of any firearm to a minor for hunting, target practice or any other
lawful purpose.
(4) Violation of
this section is a Class A misdemeanor. [Amended by 1989 c.839 §3; 1991 c.67 §40;
1993 c.735 §11; 2001 c.828 §2; 2003 c.577 §7; 2009 c.499 §6; 2009 c.595 §115;
2009 c.826 §§8,11; 2013 c.360 §§10,11; 2015 c.50 §§17,18; 2015 c.201 §6]
Notes of Decisions
Cited in
11
cases (
5 in the last 5 years), 1986–2025 · leading case:
State v. Burris, 518 P.3d 891 (Or. 2022).
State v. Burris, 518 P.3d 891 (Or. 2022).
· cites it 14× “ssesses a handgun that is concealed and readily accessible to the person within any vehicle; or “(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…”
Bd. of Cty. Comm. of Columbia Cty. v. Rosenblum, 526 P.3d 798 (Or. Ct. App. 2023).
· cites it 3× “272 (prohibiting pos- session a machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer); ORS 166.470(1)(a) (prohibiting sale, delivery, or transfer of firearms to person under 18 years of age); ORS 166.”
State v. Briney, 200 P.3d 550 (Or. 2008).
“440 (1977) (misdemeanor for unlicensed persons to sell “any pistol, revolver or other firearm capable of being concealed upon the person”); ORS 166.470 (1977) (misdemeanor for knowingly selling or transferring “any pistol, revolver or other firearm capable of being concealed…”
State v. Wahby, 775 S.W.2d 147 (Mo. 1989).
“§ 14-402 (1988); Or.Rev.Stat. § 166.470 (1985); S.C.Code Ann.”
Willis v. Winters, 253 P.3d 1058 (Or. 2011).
“possessing a firearm as a result of that mental illness; “(k) Has been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, the person was found to be within the jurisdiction of the juvenile court for having committed an act that, if…”
Willis v. Winters, 234 P.3d 141 (Or. Ct. App. 2010).
· cites it 2× “ssesses a handgun that is concealed and readily accessible to the person within any vehicle; or “(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…”
Oregon State Shooting Ass'n v. Multnomah Cnty., 858 P.2d 1315 (Or. Ct. App. 1993).
· cites it 2× “The agency receiving the duplicate sheet shall: "(A)(i) Determine, from criminal records and other information available to it, whether the purchaser is disqualified under ORS 166.470 from completing the purchase; and "(ii) Notify the dealer when a purchaser is disqualified from…”
State v. Vasey, 723 P.2d 1068 (Or. Ct. App. 1986).
· cites it 5× “The issue in this case is whether the part of ORS 166.470 1 which prohibits the sale or transfer of a concealable firearm between nonlicensed persons when the purchaser is “not personally known” to the vendor is unconstitutionally vague.”
— Or. Rev. Stat. § 166.470(1)(a) — 1 case
Bd. of Cty. Comm. of Columbia Cty. v. Rosenblum, 526 P.3d 798 (Or. Ct. App. 2023).
“272 (prohibiting pos- session a machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer); ORS 166.470(1)(a) (prohibiting sale, delivery, or transfer of firearms to person under 18 years of age); ORS 166.”
— Or. Rev. Stat. § 166.470(1)(b) — 1 case
State v. Burris, 518 P.3d 891 (Or. 2022).
“ssesses a handgun that is concealed and readily accessible to the person within any vehicle; or “(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…”
— Or. Rev. Stat. § 166.470(1)(e) — 1 case
Bd. of Cty. Comm. of Columbia Cty. v. Rosenblum, 526 P.3d 798 (Or. Ct. App. 2023).
“272 (prohibiting pos- session a machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer); ORS 166.470(1)(a) (prohibiting sale, delivery, or transfer of firearms to person under 18 years of age); ORS 166.”
— Or. Rev. Stat. § 166.470(1)(g) — 1 case
Bd. of Cty. Comm. of Columbia Cty. v. Rosenblum, 526 P.3d 798 (Or. Ct. App. 2023).
“272 (prohibiting pos- session a machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer); ORS 166.470(1)(a) (prohibiting sale, delivery, or transfer of firearms to person under 18 years of age); ORS 166.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.