(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 (Obtaining contents of communications), 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 (Criminal homicide), 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 (Relief from prohibition against possessing or receiving firearm) 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
In prosecution under this section, testimony regarding value of items stolen from defendant's house was permissible to show that defendant may have had a different motive for carrying gun than his alleged fear of another individual, namely, the motive to protect large amounts of cash and other valuable assets in his possession. State v. Jackson, 33 Or App 139, 575 P2d 1002 (1978), Sup Ct review denied
Where penitentiary inmate living at work release center did not come into possession of weapons until after leaving center, his conviction for committed felon in possession of weapon under ORS 166.275 was reduced to ex-convict in possession of firearm under this section. State v. Larsen, 44 Or App 643, 606 P2d 1159 (1980), Sup Ct review denied
Where defendant was convicted of violating this section and sentenced to maximum one year term of imprisonment, he had not been accorded misdemeanor treatment under ORS 161.585. State ex rel Redden v. Davis, 288 Or 283, 604 P2d 879 (1980)
Definition of firearm "capable of being concealed upon the person" in ORS 166.210 does not limit same term in this section since such definition states that it does "apply to and include" firearms with barrels less than 12 inches long. State v. Miller, 87 Or App 439, 742 P2d 692 (1987)
On remand, court did not err in denying defendant's motion for judgment of acquittal on ex-convict in possession of weapon charge because fact that he had been sentenced to one year in county jail on underlying felony did not make it misdemeanor under this section. State v. Aldrich, 92 Or App 70, 757 P2d 440 (1988)
Trial court properly imposed minimum term sentence under ORS 161.610 based upon finding that defendant had threatened use of firearm while committing felony of being ex-convict in possession of firearm under this section. State v. Gilbert, 99 Or App 116, 781 P2d 389 (1989)
For purposes of this section, "convicted of a felony" means not only determination of guilt but also entry of judgment of conviction. State v. Dintelman, 112 Or App 350, 829 P2d 719 (1992)
Application of 1990 statutory amendment to felons convicted of crimes prior to amendment does not violate ex post factoprovision of U.S. Constitution. U.S. v. Huss, 7 F3d 1444 (9th Cir. 1993)
Voiding of felony conviction removes firearm disability prospectively, but does not legalize possession of firearm during period disability was in place. Bailey v. Lampert, 203 Or App 45, 125 P3d 771 (2005), aff'd 342 Or 321, 153 P3d 95 (2007)
For purposes of merger under ORS 161.067, public is single collective victim of violation of felony possession of firearm. State v. Torres, 249 Or App 571, 277 P3d 641 (2012), Sup Ct review denied
"Ninja climbing claws" that are metal bands with short metal spikes on one side and are designed to be worn on hand with spikes on palm side to enable wearer to climb trees, are not "metal knuckles" as that term is used in this section. State v. Behee, 267 Or App 77, 340 P3d 127 (2014)
Defendant and defendant's partner, who had pattern of committing organized shoplifting together at grocery stores with intent to resell items, participated in "enterprise" for purposes of Oregon Racketeer Influenced and Corrupt Organization Act. "Enterprise" includes formal and informal organizations or associations of individuals that engage in pattern of racketeering activity. State v. Walker, 356 Or 4, 333 P3d 316 (2014)
Where defendant possessed knife with blade that opened at rapid rate when small amount of pressure was applied, evidence was sufficient to find that blade projects or swings into place by force of "spring," despite lack of visible spring. State v. Markwell, 281 Or App 196, 383 P3d 285 (2016)
Neither Article I, section 27, of Oregon Constitution, or second amendment to United States Constitution precludes state from making restriction applicable to in-home possession of firearms. State v. Beeman, 290 Or App 429, 417 P3d 541 (2018)
Notwithstanding that suspended sentence resulting from defendant's 1970 conviction of felony had become misdemeanor by virtue of defendant's successful completion of probation, prior conviction was "conviction of a felony" for purposes of this section. State v. Pritchard, 31 Or App 53, 569 P2d 690 (1977), Sup Ct review denied
Definition of "firearm" in ORS 164.055 (theft in first degree) is applicable under this section inasmuch as both crimes have closely related policy foundation, i.e., to deter obtaining of guns by those most likely to use them criminally. State v. Hash, 34 Or App 281, 578 P2d 482 (1978), Sup Ct review denied
State was required only to prove possession of concealable firearm and that defendant knowingly had possession. State v. Hash, 34 Or App 281, 578 P2d 482 (1978), Sup Ct review denied
Evidence of defendant's prior felony conviction was properly admitted at trial for possession of firearm by ex-convict since prior conviction was not reduced to misdemeanor at time of judgment by sentence imposed. State v. Erb, 101 Or App 444, 790 P2d 1211 (1990)
Restriction on possession of firearms by felons does not violate right to bear arms granted by section 27, Article I of Oregon Constitution. State v. Hirsch, 177 Or App 441, 34 P3d 1209 (2001), aff'd 338 Or 622, 114 P3d 1104 (2005)
Provision that person has been convicted of felony if offense was felony at time of conviction and court did not declare conviction to be misdemeanor at time of judgment supersedes ORS 161.585 provision that felony subject to that section is automatically reduced to misdemeanor at sentencing if court imposes only fine. Koennecke v. Lampert, 198 Or App 444, 108 P3d 653 (2005), Sup Ct review denied
This section does not require culpable mental state with respect to person's status as felon. State v. Rainoldi, 351 Or 486, 268 P3d 568 (2011)
For purpose of determining when court declares felony conviction to be misdemeanor, "time of judgment" refers to time when original judgment of felony conviction is entered, not to time when judgment reducing that conviction to misdemeanor status is entered. State v. Stark, 248 Or App 573, 273 P3d 941 (2012), aff'd 354 Or 1, 307 P3d 418 (2013)
For purposes of possession requirement it is sufficient that defendant have constructive possession and immediate access to weapon. State v. Kelley, 12 Or App 496, 507 P2d 837 (1973); United States v. Rousseau, 257 F3d 925 (9th Cir. 2001)
Possession of firearm may be established from evidence it was at premises jointly occupied by defendant. State v. Strong, 41 Or App 665, 598 P2d 1254 (1979)
Enhanced sentence authorized and imposed pursuant to ORS 161.610, following conviction under this section, did not offend vindictive justice principles of Oregon Constitution Article I, Section 15. State v. Lippert, 53 Or App 358, 632 P2d 28 (1981), Sup Ct review denied
Venue on charge of possession of restricted weapon was proper in Multnomah County, where defendant had been taken after being picked up by police in Clackamas County, because, although in custody, defendant exercised control of weapon until it was taken from him in Multnomah County. State v. Guest, 103 Or App 594, 798 P2d 708 (1990), Sup Ct review denied
Indictment alleging that defendant possessed pistol sufficiently alleged that defendant possessed firearm capable of being concealed. State v. Wolfs, 119 Or App 262, 850 P2d 1139 (1993), Sup Ct review denied
Where defendant was a convicted felon at the time of the alleged firearm possession and his conviction was declared a misdemeanor after by the time of the alleged possession, defendant was felon in possession because "at the time of judgment" in this section refers to judgment of conviction in effect at time of alleged possession. State v. Stark, 354 Or 1, 307 P3d 418 (2013)
State v. Miller, 5 Or App 501, 484 P2d 1132 (1971), Sup Ct review denied
Law Review Citations
11 WLJ 296 (1975)
§§ 166.270 to 166.274
Law Review Citations
26 WLR 566 (1990)
Law Review Citations
51 OLR 427-637 (1972); 69 OLR 169 (1990)
What is the penalty for a felon in possession of a firearm in Oregon? ›
Felon in Possession of a Firearm
This law is set forth in ORS 166.270. Felon in possession of a firearm is a Class C felony, which carries a maximum possible penalty of 5 years in state prison and a $125,000.
Q: Is it crime for a convicted felon to own black powder/muzzle loaded firearms/Antique firearm in the state of oregon. A: No. A black powder or muzzle-loader is considered a 'firearm' under Oregon law. Unlike federal law, Oregon views these types of 'antique firearms' the same as any other firearm.Can a felon have a gun in Oregon? ›
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 ...Can a felon be around a person with a gun? ›
Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. However, this can be complicated if the gun itself is around, or if the person who owns the gun lives with the convicted felon.Can a convicted felon own a gun after 10 years in Oregon? ›
Per the laws of the state, no person who has been convicted of a felony may purchase, own, or possess a firearm. Felonies from Oregon, other states, or the federal government are all treated the same in this regard.How long do felonies stay on your record in Oregon? ›
Eligible Class C Felonies can be expunged after five years, and non-person Class B Felonies after seven years.Can felons own black powder guns? ›
In California, it is illegal to purchase, possess or use a black powder gun for a felon. The black powder guns qualify as antique firearms under California law. Instead of them, a convicted felon can possess daggers, dirks, or stilettos in his property.Can a felon own a black powder gun in Florida? ›
In regard to use of firearms by felons: It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless they have had their civil rights restored or the gun qualifies as an antique firearm under Florida statute 790.001(1).Can a convicted felon own a black powder gun in Georgia? ›
Georgia law prohibits people convicted of felonies from possessing firearms.Can felons be around ammo? ›
Convicted Felon, 18 U.S.C. § 922(g)(1) See Statute
It is against federal law for a convicted felon to possess [a firearm; ammunition] that was connected with interstate [or foreign] commerce.
Can a felon carry a knife in Oregon? ›
When it comes to knife laws in Oregon, they are considered one of the most lenient states in the country. It's legal to own any knife and also legal to open carry any knife unless you are a felon.Can felons bow hunt in Oregon? ›
Do not mistake the ability to obtain a license or tag with the ability to lawfully purchase or possess a firearm. It is lawful under Oregon law to archery hunt even with a felony convictions. It is not lawful under Oregon law to hunt with a cross bow.Can a felon get a passport? ›
Specifically, under 22 U.S. Code § 2714, a person convicted of a federal drug offense, or a state felony drug offense can be denied issuance of a U.S. passport when they are imprisoned or on parole or supervised release as a result of their conviction.Can a felon live in the same house with someone who owns a gun in Texas? ›
Under Texas state law, if you have been convicted of a felony, you cannot possess a firearm in your residence until five years has gone by from the date your sentence was completed. In other words, you can possess a firearm in your home five years after you finished your prison or parole sentence.Can the spouse of a felon own a gun in Florida? ›
Can a felon's spouse own a gun in Florida? No, a felon's spouse cannot own a gun in Florida. The spouse can own a gun, but it's considered constructive possession if it's in the house with the convicted felon. Even things like keeping it in a car or the garage are illegal.How long before a convicted felon can own a gun in Georgia? ›
Nonforcible felon who has been free of restraint or supervision for five years is not eligible to apply for a license to carry firearms unless the felon obtains a pardon within the meaning of O.C.G.A. § 16-11-131(c).How long after expungement can I buy a gun in Oregon? ›
Firearms rights are automatically restored 15 years after discharge from sentence to persons convicted of no more than one felony, unless the offense involved criminal homicide or use of a gun or knife.What rights do felons lose Oregon? ›
In Oregon, felons lose their right to vote during the time that they are incarcerated; in other states, being a felon could mean losing your right to vote permanently. In Oregon a person cannot serve on a criminal jury if they have been convicted of a felony within the last 15 years.How much does it cost to get a felony expunged in Oregon? ›
Current Law: You have to pay a $281 court filing fee before you can file a motion to expunge a criminal conviction in Oregon.Does Oregon have the 7 year rule? ›
How Far Back Does a Background Check Go for Employment in Oregon? The Fair Credit Reporting Act puts federal regulations on all states regarding how far back a background check can go. That regulation is seven years.
What disqualifies you from owning a gun in Oregon? ›
Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.What kind of muzzleloader can a felon own? ›
Since the muzzleloader is an antique firearm, it is not illegal to carry it, even for felons. That is true for any muzzle-loading gun as long as it cannot use fixed fire ammo. So you can freely use a muzzleloader for hunting purposes even if you have a felony record.Do you need a background check to buy a black powder revolver? ›
Black Powder Pistols And The Law
As far as the federal government is concerned, black powder guns - and even reproductions thereof - fall under the heading of antique firearms. Antique guns, unlike modern firearms, don't require a background check to purchase. They can even be shipped to your door!
For a . 44, use 20 to 28 grains of powder.Can a convicted felon go to a shooting range in Florida? ›
Shooting ranges have the right to review a customer's criminal background before granting them entry. In Florida, people with a felony conviction are not allowed to possess, operate, or own a gun.What can felons not do? ›
A person may not vote, serve on a jury, obtain commercial driver's licenses, possess a gun or join the U.S. armed forces.Can a felon carry a knife in Florida? ›
Florida Statutes section 790.23 says that it is unlawful for any convicted felon or delinquent to own or possess any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon.Can a felon own a gun in Georgia 2022? ›
A person who is on probation as a felony first offender or has been convicted of a felony in Georgia, or anywhere else in the United States is prohibited from receiving, possessing, or transporting any firearm.Can a felon carry a pocket knife in Georgia? ›
Less obvious illegal concealed weapons include knives, guns, nunchucks, tasers, knuckles, razor blades, darts, bats and clubs. Convicted felons cannot possess firearms at any time or in any place. The maximum length blade that a pocket knife can have is three inches in Georgia.How can a convicted felon get their gun rights restored in Georgia? ›
Can I have my right to legally possess a firearm restored if I have a felony FEDERAL conviction? No. The Georgia State Board of Pardons and Paroles does not have the authority to restore firearm rights on felony federal convictions. You will need to apply for a presidential pardon.
What does possess a firearm mean? ›
Actual Possession: If you have a gun in your purse or in the waistband of your jeans where it's on you, and you have direct access to it, then you are in actual possession of the firearm. This also means no one else, but you had access to it when you were arrested.Can felons buy bullets in Texas? ›
922(g) states that anyone “convicted in any court of a crime punishable by imprisonment for longer than one year” may not possess any firearms or ammunition. Federal law makes it illegal for anyone with a felony conviction to own a firearm or possess one inside or outside the home.Can a felon own a gun in California? ›
Being convicted of a crime under California State law can impact your Second Amendment right to keep and bear arms under both California and federal law. In general, a conviction for any felony offense will result in a lifetime ban on your ability to possess or own a gun.Can a felon own a pepper ball gun in Oregon? ›
The Basics: Pepper spray is LEGAL to buy/carry/use/ship to Oregon. Must be a minimum of 18 years old. Cannot have any convicted felonies on record.Whats the biggest knife you can carry in Oregon? ›
Open Carry is perfectly legal given that the blade is not longer than 4.75 inches in length.Does a pocket knife count as a weapon? ›
as knives are not considered weapons. The only exception are switchblades. It is illegal to carry or possess a switchblade if it meets one of the following criteria: the blade is longer than 8.5 cm; the width in the middle of the blade is less than 14% of its total length; the blade is double sided.Can felons own compound bows? ›
Therefore, according to the ATF it doesn't qualify as a firearm. This means that felons are not restricted from owning one under the 1968 Gun Control Act. Thus, purchasing, owning, and shooting a compound bow is legal for felons as well as those without a felony conviction.Why are crossbows illegal in Oregon? ›
The Oregon State Police have enforcement concerns, because of a crossbow's relative silence and effective range they could be effective poaching weapons. If it were legal to use crossbows determining who is legal and who is not would become more difficult.Can you hunt with an AR 15 in Oregon? ›
Safety standards: Oregon does not require that guns meet any safety standards. Assault weapons: Oregon does not limit the sale or possession of military-style semiautomatic assault rifles like an AR 15. Extended capacity magazines: Oregon does not limit the number of rounds in a magazine except for hunting.What countries can felons not travel to? ›
Can you go to Mexico with a felony? ›
Can you go to Mexico with a felony? Yes, as a felon, you are not automatically denied access to Mexico but there are some exceptions. Mexican authorities will deny your entry if you have committed a serious crime, such as murder, terrorism, or drug trafficking.Can felons go to Jamaica? ›
Jamaica encourages felons to travel to the country with a clean record and a valid passport. Felons must follow all rules and guidelines while their stay in the country. Anyone with mental illness cannot seek entry in Jamaica. Felons can travel to Jamaica after they meet specific conditions of their probation.Can a felon ever be around guns? ›
A felon can be found in possession of a firearm without ever physically handling the gun. Some courts have found people guilty of being a felon in possession of a firearm for this reason. Therefore, if your spouse keeps a loaded gun in the nightstand, and you know it's there, you can be charged with a crime.Can someone on probation be around guns? ›
The person on probation cannot be in a house with a gun in it, at minimum it's called constructive possession, which is a probation violation that may cause incarceration.Can a felon own a crossbow in Texas? ›
Since a crossbow is not considered a firearm, felons are not restricted by the Gun Control Act from owning one. Therefore, purchasing and owning a crossbow is legal for felons as well as those without a felony conviction.Can a felon get a concealed carry permit in Florida? ›
Ineligible for Concealed Carry Permit
A convicted felon is not eligible to get a concealed weapons permit in Florida unless the individual's civil and firearm rights have been restored by the convicting authority.
Classification of Air Guns
However, the state of Florida doesn't classify air guns as dangerous weapons, either. This means that pretty much anyone in Florida can own an air gun if they want one, without restriction, including convicted felons.
As for this country, the law only precludes felons who committed international drug trafficking from applying for a passport. Hence, if you happen to cross an international border while trafficking drugs, you will be disqualified from applying for a passport - this is especially true when you get convicted.What rights do felons lose Oregon? ›
In Oregon, felons lose their right to vote during the time that they are incarcerated; in other states, being a felon could mean losing your right to vote permanently. In Oregon a person cannot serve on a criminal jury if they have been convicted of a felony within the last 15 years.What is a Class A felony in Oregon? ›
Class A felonies in Oregon are punishable by up to 20 years in prison, a fine of as much as $375,000, or both. For example, assault in the first degree is a Class A felony. (Or. Rev. Stat.
Can a felon have bear spray in Oregon? ›
The Basics: Pepper spray is LEGAL to buy/carry/use/ship to Oregon. Must be a minimum of 18 years old. Cannot have any convicted felonies on record.What is criminal mischief 1st degree Oregon? ›
Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.What can felons not do? ›
A person may not vote, serve on a jury, obtain commercial driver's licenses, possess a gun or join the U.S. armed forces.Can felons get a passport? ›
Most convicted felons and ex-felons can get a passport. However, even if you are issued a passport, it does not mean that you will be able to travel anywhere you wish. Many countries refuse to let convicted felons enter their borders, both for public safety and for political reasons.How much does it cost to expunge a felony in Oregon? ›
Current Law: You have to pay a $281 court filing fee before you can file a motion to expunge a criminal conviction in Oregon.How can a felony be reduced in Oregon? ›
The law that allows felony reduction is ORS 161.705. There is no time limit or waiting period required before application. Reduction requires that a motion be filed with the court and served on the District Attorney in the court where the conviction occurred. Reduction can only be done for Oregon convictions.Which felony is the most serious? ›
The most serious felonies, such as first-degree murder, are a capital crime where the defendant could receive life imprisonment without the possibility of parole or the death penalty.Can a felony be reduced to a misdemeanor in Oregon? ›
Under ORS 161.705, you can file a motion to reduce your felony conviction to a misdemeanor conviction. This procedure is commonly known as "felony reduction."Can a felon own a stun gun in Oregon? ›
People who have been convicted of a felony in Oregon cannot possess an "Electro-Muscular Disruption Technology" (or stun gun) device, according to ORS 166.270. Stun guns and pepper spray are both effective tools in self-defense and are legal to carry in Oregon with some restrictions.Can a felon carry pepper spray in Florida? ›
Florida state laws for pepper spray & self defense products. The Basics: Canister size must be no more than 2oz. Users must not have any convicted felonies.
Can you pepper spray someone for touching you? ›
Intentional Harm to Another
It is illegal to hurt someone intentionally. If you use your pepper spray on someone for a reason other than self-defense, there's a chance that you will end up in court for assault, battery or both. The same applies if you were acting in self-defense but you provoked the original attack.
Under Oregon law, the statute of limitations depends on the severity of the crime you face, ranging from six months to no time limit. Aggravated murder: No time limit. Murder: No time limit. Attempted murder or aggravated murder: No time limit.Is criminal mischief a felony in Oregon? ›
Criminal Mischief 1 Charges
In Oregon, this charge is a Class C Felony. Depending on the other charges and the circumstances, the accused person faces up to 5 years in prison, and up to $125,000 in fines.
Because theft constitutes a class C felony once the amount of stolen merchandise reaches $1,000, shoplifters can quite quickly be looking at serious felony charges.