166.412 Definitions; firearms transaction record; criminal history record check; prohibited transfer report; liability; rules. (1) As used in this section:
(a) “Antique firearm” has the meaning given that term in 18 U.S.C. 921;
(b) “Department” means the Department of State Police;
(c) “Firearm” has the meaning given that term in ORS 166.210, except that it does not include an antique firearm;
(d) “Firearms transaction record” means the firearms transaction record required by 18 U.S.C. 921 to 929;
(e) “Firearms transaction thumbprint form” means a form provided by the department under subsection (11) of this section;
(f) “Gun dealer” means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise;
(g) “Purchaser” means a person who buys, leases or otherwise receives a firearm or unfinished frame or receiver from a gun dealer; and
(h) “Unfinished frame or receiver” has the meaning given that term in ORS 166.210.
(2) Except as provided in subsection (12) of this section, a gun dealer shall comply with the following before a firearm or unfinished frame or receiver is delivered to a purchaser:
(a) The purchaser shall present to the gun dealer current identification meeting the requirements of subsection (4) of this section and a valid permit issued under ORS 166.505.
(b) The gun dealer shall complete the firearms transaction record and obtain the signature of the purchaser on the record.
(c) The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction thumbprint form and attach the form to the gun dealer’s copy of the firearms transaction record to be filed with that copy.
(d) The gun dealer shall, by telephone
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 166 — Offenses Against Public Order; Firearms and Other Weapons; Racketeering
Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables
New sections of law were enacted by the Legislative Assembly during its 2026 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0120
2025 EDITION
PUBLIC ORDER OFFENSES
CRIMES AND PUNISHMENTS
RIOT, DISORDERLY CONDUCT, HARASSMENT AND RELATED OFFENSES
BIAS CRIME
AUTHORITY TO REGULATE FIREARMS
POSSESSION AND USE OF WEAPONS
(Generally)
(Possession of Weapons in Public Buildings or Court Facilities)
(Destructive Devices)
(Duties of Firearm Owners and Possessors)
SALE OR TRANSFER OF FIREARMS
EXTREME RISK PROTECTION ORDERS
DISCHARGING WEAPONS
POSSESSION OF BODY ARMOR
MISCELLANEOUS
RACKETEERING
RIOT, DISORDERLY CONDUCT, HARASSMENT AND RELATED OFFENSES
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Stable record: oregon_criminal_law:legal_authorities:166.412 Source file: ors166.html Pages: Not recorded – Not recorded Passage SHA-256: 79bb163212a10420823b1a93033d93401dbd9aad6610674ba8ea2ec9e35bd8db Retained source evidence SHA-256: dd35e0da63555ebef88cc11cd6ae4309a37c3b744978829c3b2f00d59c0c08b8
Source location: ORS 166.412 (all printed versions and notes)
Stored source content
166.412 Definitions; firearms transaction record; criminal history record check; prohibited transfer report; liability; rules. (1) As used in this section:
(a) “Antique firearm” has the meaning given that term in 18 U.S.C. 921;
(b) “Department” means the Department of State Police;
(c) “Firearm” has the meaning given that term in ORS 166.210, except that it does not include an antique firearm;
(d) “Firearms transaction record” means the firearms transaction record required by 18 U.S.C. 921 to 929;
(e) “Firearms transaction thumbprint form” means a form provided by the department under subsection (11) of this section;
(f) “Gun dealer” means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise;
(g) “Purchaser” means a person who buys, leases or otherwise receives a firearm or unfinished frame or receiver from a gun dealer; and
(h) “Unfinished frame or receiver” has the meaning given that term in ORS 166.210.
(2) Except as provided in subsection (12) of this section, a gun dealer shall comply with the following before a firearm or unfinished frame or receiver is delivered to a purchaser:
(a) The purchaser shall present to the gun dealer current identification meeting the requirements of subsection (4) of this section and a valid permit issued under ORS 166.505.
(b) The gun dealer shall complete the firearms transaction record and obtain the signature of the purchaser on the record.
(c) The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction thumbprint form and attach the form to the gun dealer’s copy of the firearms transaction record to be filed with that copy.
(d) The gun dealer shall, by telephone or computer, verify that the purchaser has a valid permit-to-purchase a firearm issued under ORS 166.505, and request that the department conduct a criminal history record check on the purchaser and shall provide the following information to the department:
(A) The federal firearms license number of the gun dealer;
(B) The business name of the gun dealer;
(C) The place of transfer;
(D) The name of the person making the transfer;
(E) The make, model, caliber and manufacturer’s number of the firearm being transferred or a description of the unfinished frame or receiver being transferred;
(F) The name and date of birth of the purchaser;
(G) The Social Security number of the purchaser if the purchaser voluntarily provides this number to the gun dealer; and
(H) The type, issuer and identification number of the identification presented by the purchaser.
(e) The gun dealer shall receive a unique approval number for the transfer from the department and record the approval number on the firearms transaction record and on the firearms transaction thumbprint form.
(f) The gun dealer may destroy the firearms transaction thumbprint form five years after the completion of the firearms transaction thumbprint form.
(3)(a) Upon receipt of a request of the gun dealer for a criminal history record check, the department shall immediately, during the gun dealer’s telephone call or by return call:
(A) Determine, from criminal records and other information available to it, whether the purchaser is disqualified under ORS 166.470 from completing the purchase; and
(B) Notify the gun dealer when a purchaser is disqualified from completing the transfer or provide the gun dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer.
(b) If the department is unable to determine if the purchaser is qualified or disqualified from completing the transfer within 30 minutes, the department shall notify the gun dealer and provide the gun dealer with an estimate of the time when the department will provide the requested information.
(c) The dealer may not transfer the firearm or unfinished frame or receiver unless the dealer receives a unique approval number from the department and, within 48 hours of completing the transfer, the dealer shall notify the state that the transfer to the permit holder was completed.
(4)(a) Identification required of the purchaser under subsection (2) of this section shall include one piece of current identification bearing a photograph and the date of birth of the purchaser that:
(A) Is issued under the authority of the United States Government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and
(B) Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual.
(b) If the identification presented by the purchaser under paragraph (a) of this subsection does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser. The Superintendent of State Police may specify by rule the type of identification that may be presented under this paragraph.
(c) The department may require that the gun dealer verify the identification of the purchaser if that identity is in question by sending the thumbprints of the purchaser to the department.
(5) The department shall establish a telephone number that shall be operational seven days a week between the hours of 8 a.m. and 10 p.m. for the purpose of responding to inquiries from gun dealers for a criminal history record check under this section.
(6) No public employee, official or agency shall be held criminally or civilly liable for performing the investigations required by this section provided the employee, official or agency acts in good faith and without malice.
(7)(a) The department may retain a record of the information obtained during a request for a criminal history record check for no more than five years, except for the information provided to the dealer under subsection (2)(d) of this section, sufficient to reflect each firearm or unfinished frame or receiver purchased by a permit holder, which must be attached to the electronic record of the permit stored by the department. The department may develop a system for removal of the information in subsection (2)(d)(E) of this section, upon proof of sale or transfer of the firearm or unfinished frame or receiver to another permit holder and for recording of the information to reflect the transfer of ownership to the permit of the new owner.
(b) The record of the information obtained during a request for a criminal history record check by a gun dealer is exempt from disclosure under public records law.
(c) If the department determines that a purchaser is prohibited from possessing a firearm under ORS 166.250 (1)(c), the department shall report the attempted transfer, the purchaser’s name and any other personally identifiable information to all federal, state and local law enforcement agencies and district attorneys that have jurisdiction over the location or locations where the attempted transfer was made and where the purchaser resides.
(d) If the department determines that, based on the judgment of conviction, the purchaser is prohibited from possessing a firearm as a condition of probation or that the purchaser is currently on post-prison supervision or parole, the department shall report the attempted transfer to the purchaser’s supervising officer and the district attorney of the county in which the conviction occurred.
(e) If the department determines that the purchaser is prohibited from possessing a firearm due to a court order described in ORS 166.255 (1)(a), the department shall report the attempted transfer to the court that issued the order.
(f) If the department determines that the purchaser is under the jurisdiction of the Psychiatric Security Review Board, the department shall report the attempted transfer to the board.
(g) Reports required by paragraphs (c) to (f) of this subsection shall be made within 24 hours after the determination is made, unless a report would compromise an ongoing investigation, in which case the report may be delayed as long as necessary to avoid compromising the investigation.
(h) On or before January 31 of each year, a law enforcement agency or a prosecuting attorney’s office that received a report pursuant to paragraph (c) of this subsection during the previous calendar year shall inform the department of any action that was taken concerning the report and the outcome of the action.
(i) The department shall annually publish a written report, based on any information received under paragraph (h) of this subsection, detailing the following information for the previous year:
(A) The number of purchasers whom the department determined were prohibited from possessing a firearm under ORS 166.250 (1)(c), arranged by category of prohibition;
(B) The number of reports made pursuant to paragraph (c) of this subsection;
(C) The number of investigations arising from the reports made pursuant to paragraph (c) of this subsection, the number of investigations concluded and the number of investigations referred for prosecution, all arranged by category of prohibition; and
(D) The number of criminal charges arising from the reports made pursuant to paragraph (c) of this subsection and the disposition of the charges, both arranged by category of prohibition.
(8) A law enforcement agency may inspect the records of a gun dealer relating to transfers of firearms and unfinished frames or receivers with the consent of a gun dealer in the course of a reasonable inquiry during a criminal investigation or under the authority of a properly authorized subpoena or search warrant.
(9) When a firearm is delivered, it shall be unloaded.
(10) In accordance with applicable provisions of ORS chapter 183, the Superintendent of State Police may adopt rules necessary for:
(a) The design of the firearms transaction thumbprint form;
(b) The maintenance of a procedure to correct errors in the criminal records of the department;
(c) The provision of a security system to identify gun dealers that request a criminal history record check under subsection (2) of this section; and
(d) The creation and maintenance of a database of the business hours of gun dealers.
(11) The department shall publish the firearms transaction thumbprint form and shall furnish the form to gun dealers on application at cost.
(12) This section does not apply to transactions between persons licensed as dealers under 18 U.S.C. 923.
(13)(a) If requested by a transferor who is not a gun dealer, a gun dealer may request a criminal background check pursuant to ORS 166.435 or 166.438 and may charge a reasonable fee for providing the service.
(b) A gun dealer that requests a criminal background check under this subsection is immune from civil liability for any use of the firearm or unfinished frame or receiver by the recipient or transferee, provided that the gun dealer requests the criminal background check as described in this section and also provided that the dealer verifies that the recipient has a valid permit-to-purchase the firearm or unfinished frame or receiver and the dealer has received a unique approval number from the department indicating successful completion of the background check.
(14) Knowingly selling or delivering a firearm or unfinished frame or receiver to a purchaser or transferee who does not have a valid permit-to-purchase a firearm in violation of subsection (2)(d) of this section, or prior to receiving a unique approval number from the department based on the criminal background check in violation of subsection (3)(c) of this section, is a Class A misdemeanor. [1995 c.729 §1; 2001 c.900 §25; 2009 c.595 §114; 2009 c.826 §17; 2015 c.50 §4; 2018 c.5 §4; 2018 c.120 §15; 2023 c.1 §6; 2023 c.229 §7]
Note: Section 10, chapter 1, Oregon Laws 2023, provides:
Sec. 10. ORS 166.503, 166.505 and 166.508 and the amendments to ORS 166.412, 166.435, 166.436 and 166.438 by sections 6 to 9, chapter 1, Oregon Laws 2023, apply to firearm transfers conducted on or after March 15, 2026. [2023 c.1 §10; 2025 c.594 §6]
Note: See second note under 166.355.
Note: 166.412 to 166.421 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: See third note under 166.355.
Note: See fourth note under 166.355.
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
166.210 Definitions. As used in ORS 166.250 to 166.270, 166.291 to 166.295 and 166.410 to 166.470:
(1) “Antique firearm” means:
(a) Any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898; and
(b) Any replica of any firearm described in paragraph (a) of this subsection if the replica:
(A) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
(B) Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.
(2) “Corrections officer” has the meaning given that term in ORS 181A.355.
(3) “Firearm” means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder.
(4) “Firearms silencer” means any device for silencing, muffling or diminishing the report of a firearm.
(5) “Frame” has the meaning given that term in 27 C.F.R. 478.12.
(6) “Handgun” means any pistol or revolver using a fixed cartridge containing a propellant charge, primer and projectile, and designed to be aimed or fired otherwise than from the shoulder.
(7) “Machine gun” means a weapon of any description by whatever name known, loaded or unloaded, which is designed or modified to allow two or more shots to be fired by a single pressure on the trigger device.
(8) “Major component” has the meaning given that term in 18 U.S.C. 922.
(9) “Minor” means a person under 18 years of age.
(10) “Offense” has the meaning given that term in ORS 161.505.
(11) “Parole and probation officer” has the meaning given that term in ORS 181A.355.
(12) “Peace officer” has the meaning given that term in ORS 133.005.
(13) “Receiv
166.250 Unlawful possession of firearms. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.273, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:
(a) Carries any firearm concealed upon the person;
(b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle;
(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 committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and
(ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;
(C) Has been convicted of a felony;
(D) Was committed to the Oregon Health Authority under ORS 426.130;
(E) 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;
(F) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing or possessing a firearm;
(G) Has been found guilty except for insanity under ORS 161.295 of a felony; or
(H) The possession of the firearm by the person is prohibited under ORS 166.255; or
(d) Possesses an unfinished frame or receiver and is prohibited from possessing firearms under paragraph (c) of this subsection.
(2) This section does not prohibit:
(a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:
(A) Other than a handgun, if the firearm was transferred to the minor by the minor’s par
166.255 Possession of firearm or ammunition by certain persons prohibited. (1) It is unlawful for a person to knowingly possess a firearm or ammunition if:
(a) The person is the subject of a court order that:
(A)(i) Was issued or continued after a hearing for which the person had actual notice and during the course of which the person had an opportunity to be heard; or
(ii) Was issued, continued or remains in effect, by order or operation of law, after the person received notice of the opportunity to request a hearing in which to be heard on the order, and either requested a hearing but did not attend the hearing or withdrew the request before the hearing occurred, or did not request a hearing during the time period in which the opportunity was available;
(B) Restrains the person from stalking, intimidating, molesting or menacing a family or household member of the person, a child of a family or household member of the person or a child of the person; and
(C) Includes a finding that the person represents a credible threat to the physical safety of a family or household member of the person, a child of a family or household member of the person or a child of the person;
(b) The person has been convicted of a qualifying misdemeanor and, at the time of the offense, the person was:
(A) A family or household member of the victim of the offense; or
(B) A parent or guardian of the victim of the offense; or
(c) The person has been convicted of stalking under ORS 163.732.
(2) The prohibition described in subsection (1)(a) of this section does not apply with respect to the transportation, shipment, receipt, possession or importation of any firearm or ammunition imported for, sold or shipped to or issued for the use of the United States Government or any federal departme
166.435 Firearm transfers by unlicensed persons; requirements; exceptions; penalties. (1) As used in this section:
(a) “Transfer” means the delivery of a firearm from a transferor to a transferee, including, but not limited to, the sale, gift, loan or lease of the firearm. “Transfer” does not include the temporary provision of a firearm to a transferee if the transferor has no reason to believe the transferee is prohibited from possessing a firearm or intends to use the firearm in the commission of a crime, and the provision occurs:
(A) At a shooting range, shooting gallery or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class or a similar lawful activity;
(B) For the purpose of hunting, trapping or target shooting, during the time in which the transferee is engaged in activities related to hunting, trapping or target shooting;
(C) Under circumstances in which the transferee and the firearm are in the presence of the transferor;
(D) To a transferee who is in the business of repairing firearms, for the time during which the firearm is being repaired;
(E) To a transferee who is in the business of making or repairing custom accessories for firearms, for the time during which the accessories are being made or repaired; or
(F) For the purpose of preventing imminent death or serious physical injury, and the provision lasts only as long as is necessary to prevent the death or serious physical injury.
(b) “Transferee” means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to receive a firearm from a transferor.
(c) “Transferor” means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923
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 huntin
166.503 Definitions. As used in this section and ORS 166.412, 166.435, 166.436, 166.438, 166.505 and 166.508:
(1) “Criminal background check” has the same meaning given to this term in ORS 166.432 (1)(a) to (e).
(2) “Department” means the Department of State Police.
(3) “Gun dealer” means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise.
(4) “Permit” or “permit-to-purchase” means an authorization issued to a person to purchase or acquire a firearm, provided all other requirements at the time of purchase or acquisition are met.
(5) “Permit agent” means a county sheriff or police chief with jurisdiction over the residence of the person making an application for a permit-to-purchase, or their designees.
(6) “Transfer” has the meaning given that term in ORS 166.435 (1)(a).
(7) “Transferor” means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferee. [2023 c.1 §3]
Note: See first note under 166.412.
Note: See second note under 166.355.
Note: See third note under 166.355.
Note: See fourth note under 166.355.
166.505 Permits to purchase firearms; rules. (1)(a) A person may apply for a permit-to-purchase a firearm or firearms under this section to the police chief or county sheriff with jurisdiction over the residence of the person making the application, or their designees, hereinafter referred to as “permit agent.”
(b) A person is qualified to be issued a permit-to-purchase under this section if the person:
(A) Is not prohibited from purchasing or acquiring a firearm under state or federal law, including but not limited to successfully completing a criminal background check as described under paragraph (e) of this subsection;
(B) Is not the subject of an order described in ORS 166.525 to 166.543;
(C) Does not present reasonable grounds for a permit agent to conclude that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant’s mental or psychological state or as demonstrated by the applicant’s past pattern of behavior involving unlawful violence or threats of unlawful violence;
(D) Provides proof of completion of a firearm safety course as defined in subsection (8) of this section; and
(E) Pays the fee described in subsection (3)(b) of this section.
(c) An application for a permit under this section must state the applicant’s legal name, current address and telephone number, date and place of birth, physical description, and any additional information determined necessary by department rules. The application must be signed by the applicant in front of the permit agent.
(d) The permit agent shall verify the applicant’s identity with a government-issued form of identification bearing a photograph of the applicant.
(e) The applicant must submit to fingerprinting and photographing by t
166.256 Relinquishment of firearm upon person becoming subject to certain court orders. (1)(a) When a respondent becomes subject to an order described in ORS 166.255 (1)(a) prohibiting the respondent from possessing firearms or ammunition, the court shall:
(A) Indicate in the order that the respondent is prohibited from possessing firearms and ammunition under ORS 166.250 and 166.255 while the order is in effect.
(B) Ensure that the respondent is subject to an additional order:
(i) Requiring the respondent to transfer all firearms and ammunition in the respondent’s possession in accordance with subsection (2) of this section; and
(ii) Requiring the respondent to file a declaration as described in subsection (4) of this section.
(b) If the respondent becomes subject to the order while the respondent is present in court, the court shall:
(A) Inform the respondent, orally and in writing, that the respondent is prohibited from possessing firearms and ammunition;
(B) Order in writing that the respondent transfer all firearms and ammunition in the respondent’s possession in accordance with subsection (2) of this section; and
(C) Order that the respondent file a declaration as described in subsection (4) of this section.
(2)(a) Within 24 hours of becoming subject to the court order under subsection (1)(a)(B) of this section or receiving the court order under subsection (1)(b)(B) of this section, the respondent shall transfer all firearms and ammunition in the respondent’s possession to a local law enforcement agency, to a gun dealer as defined in ORS 166.412 or to a third party who does not reside with the respondent, and shall obtain a proof of transfer under paragraph (b) of this subsection. A transfer to a third party under this subsection must be in accordance wit
166.259 Relinquishment of firearm upon conviction of certain offenses. (1) When a person is convicted of an offense described in ORS 166.255 (1)(b) or (c), the court shall, at the time of conviction:
(a) Indicate in the judgment of conviction that the person is prohibited from possessing firearms and ammunition under ORS 166.250 and 166.255;
(b) Inform the person, orally and in writing, that the person is prohibited from possessing firearms and ammunition;
(c) Order in writing that the person transfer all firearms and ammunition in the person’s possession in accordance with subsection (2) of this section; and
(d) Order that the person file a declaration as described in subsection (4) of this section.
(2)(a) Within 24 hours of the court’s order under subsection (1) of this section, the person shall transfer all firearms and ammunition in the person’s possession to a local law enforcement agency, to a gun dealer as defined in ORS 166.412 or to a third party who does not reside with the person, and shall obtain a proof of transfer under paragraph (b) of this subsection. A transfer to a third party under this subsection must be in accordance with ORS 166.435, except that the criminal background check exceptions in ORS 166.435 (4) do not apply.
(b) A law enforcement agency, gun dealer or third party receiving a firearm or ammunition pursuant to this subsection shall issue to the person a written proof of transfer. The proof of transfer must include the person’s name, the date of transfer and the serial number, make and model of each transferred firearm. A proof of transfer issued by a third party must also include the unique approval number from the Department of State Police from the criminal background check conducted under ORS 166.435.
(c) A person transferring a f
166.355 Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine. (1) As used in this section:
(a) “Armed Forces of the United States” has the meaning given that term in ORS 348.282.
(b) “Detachable magazine” means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted in a firearm.
(c) “Fixed magazine” means an ammunition feeding device contained in or permanently attached to a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.
(d) “Large-capacity magazine” means a fixed or detachable magazine, belt, drum, feed strip, helical feeding device, or similar device, including any such device joined or coupled with another in any manner, or a kit with such parts, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition and allows a shooter to keep firing without having to pause to reload, but does not include any of the following:
(A) An ammunition feeding device that has been permanently altered so that it is not capable, now or in the future, of accepting more than 10 rounds of ammunition;
(B) An attached tubular device designed to accept, and capable of operating only with 0.22 caliber rimfire ammunition; or
(C) A tubular ammunition feeding device that is contained in a lever-action firearm.
(e) “Loaded” has the meaning given that term in ORS 166.360.
(f) “Person” means any natural person, corporation, partnership, fire or association.
(2) Notwithstanding ORS 166.250 to 166.470, and except as expressly provided in subsections (3) to (5) of this section, a person commits the crime of unlawful manufacture, importation, possession, use, purchase,