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
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Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables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:166.435 Source file: ors166.html Pages: Not recorded – Not recorded Passage SHA-256: 7e13c80b98741203ad522ef36f8944bc8cd9005cb732fa4f989ee877ba9a5146 Retained source evidence SHA-256: dd35e0da63555ebef88cc11cd6ae4309a37c3b744978829c3b2f00d59c0c08b8
Source location: ORS 166.435 (all printed versions and notes)
Stored source content
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 and who intends to deliver a firearm to a transferee.
(2) Except as provided in ORS 166.436 and 166.438 and subsection (4) of this section, a transferor may not transfer a firearm to a transferee unless the transfer is completed through a gun dealer as described in subsection (3) of this section.
(3)(a) A transferor may transfer a firearm to a transferee only as provided in this section. Except as provided in paragraph (b) of this subsection, prior to the transfer both the transferor and the transferee must appear in person before a gun dealer, with the firearm and a valid permit-to-purchase issued to the transferee under ORS 166.505, and request that the gun dealer perform a criminal background check on the transferee.
(b) If the transferor and the transferee reside over 40 miles from each other, the transferor may ship or deliver the firearm to a gun dealer located near the transferee or a gun dealer designated by the transferee, and the transferor need not appear before the gun dealer in person.
(c) A gun dealer who agrees to complete a transfer of a firearm under this section shall request a criminal history record check on the transferee as described in ORS 166.412 and shall comply with all requirements of federal law.
(d) If, upon completion of a criminal background check, the gun dealer:
(A) Receives a unique approval number from the Department of State Police indicating that the transferee is qualified to complete the transfer, the gun dealer shall notify the transferor, enter the firearm into the gun dealer’s inventory and transfer the firearm to the transferee.
(B) Receives notification that the transferee is prohibited by state or federal law from possessing or receiving the firearm or that the department is unable to determine if the transferee is qualified or disqualified from completing the transfer, the gun dealer shall notify the transferor and neither the transferor nor the gun dealer shall transfer the firearm to the transferee. If the transferor shipped or delivered the firearm to the gun dealer pursuant to paragraph (b) of this subsection, the gun dealer shall comply with federal law when returning the firearm to the transferor.
(e) A gun dealer may charge a reasonable fee for facilitating a firearm transfer pursuant to this section.
(4) The requirements of subsections (2) and (3) of this section do not apply to:
(a) The transfer of a firearm by or to a law enforcement agency, or by or to a law enforcement officer, private security professional or member of the Armed Forces of the United States, while that person is acting within the scope of official duties.
(b) The transfer of a firearm as part of a firearm turn-in or buyback event, in which a law enforcement agency receives or purchases firearms from members of the public.
(c) The transfer of a firearm to:
(A) A transferor’s spouse or domestic partner;
(B) A transferor’s parent or stepparent;
(C) A transferor’s child or stepchild;
(D) A transferor’s sibling;
(E) A transferor’s grandparent;
(F) A transferor’s grandchild;
(G) A transferor’s aunt or uncle;
(H) A transferor’s first cousin;
(I) A transferor’s niece or nephew; or
(J) The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of this paragraph.
(d) The transfer of a firearm that occurs because of the death of the firearm owner, provided that:
(A) The transfer is conducted or facilitated by a personal representative, as defined in ORS 111.005, or a trustee of a trust created in a will; and
(B) The transferee is related to the deceased firearm owner in a manner specified in paragraph (c) of this subsection.
(5)(a) A transferor who fails to comply with the requirements of this section commits a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, a transferor who fails to comply with the requirements of this section commits a Class B felony if the transferor has a previous conviction under this section at the time of the offense. [2015 c.50 §2; 2023 c.1 §7]
Note: See first note under 166.412.
Note: See second note under 166.355.
Note: Section 1, chapter 50, Oregon Laws 2015, provides:
Sec. 1. Section 2 of this 2015 Act [166.435] and the amendments to ORS 166.250, 166.291, 166.412, 166.422, 166.432, 166.433, 166.434, 166.436, 166.438, 166.460, 166.470, 181.150, 181.740 and 426.133 by sections 3 to 19 of this 2015 Act shall be known and may be cited as the “Oregon Firearms Safety Act.” [2015 c.50 §1]
Note: 166.435 was enacted into law by the Legislative Assembly but was 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
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
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
166.412 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
166.436 Department of State Police criminal background checks for gun show firearm transfers; prohibited transfer report; liability. (1) The Department of State Police shall make the telephone number established under ORS 166.412 (5) available for requests for criminal background checks under this section from persons who are not gun dealers and who are transferring firearms at gun shows.
(2) Prior to transferring a firearm at a gun show, a transferor who is not a gun dealer shall by telephone verify that the transferee has a valid permit-to-purchase a firearm under ORS 166.505, and request that the department conduct a criminal background check on the recipient upon providing the following information to the department:
(a) The name, address and telephone number of the transferor;
(b) The make, model, caliber and manufacturer’s number of the firearm being transferred;
(c) The name, date of birth, race, sex and address of the recipient;
(d) The Social Security number of the recipient if the recipient voluntarily provides that number;
(e) The address of the place where the transfer is occurring; and
(f) The type, issuer and identification number of a current piece of identification bearing a recent photograph of the recipient presented by the recipient. The identification presented by the recipient must meet the requirements of ORS 166.412 (4)(a).
(3)(a) Upon receipt of a request for a criminal background check under this section, the department shall immediately, during the telephone call or by return call:
(A) Determine from criminal records and other information available to it whether the recipient is disqualified under ORS 166.470 from completing the transfer or is otherwise prohibited by state or federal law from possessing a firearm; and
(B) Notify the t
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
166.400 Requirement that firearm be locked during transfer; penalties; civil liability. (1) If a person transfers a firearm and a criminal background check under ORS 166.435 is required prior to the transfer, the person shall transfer the firearm:
(a) With an engaged trigger or cable lock; or
(b) In a locked container.
(2)(a) A violation of subsection (1) of this section is a Class C violation.
(b) Each firearm transferred in violation of subsection (1) of this section constitutes a separate violation.
(3) If a firearm transferred in a manner that violates subsection (1) of this section is used to injure a person or property within two years of the violation, in an action against the transferor to recover damages for the injury, the violation of subsection (1) of this section constitutes per se negligence, and the presumption of negligence may not be overcome by a showing that the transferor acted reasonably.
(4) Subsection (3) of this section does not apply if the injury results from a lawful act of self-defense or defense of another person.
(5) This section does not apply to:
(a) The transfer of a firearm made inoperable for the specific purpose of being used as a prop in the making of a motion picture or a television, digital or similar production.
(b) A transfer that occurs when a firearm is taken from the owner or possessor of the firearm by force. [2021 c.146 §4]
166.434 Requirements for criminal background checks; fees. (1) In addition to the determination required by ORS 166.412 (3)(a)(A), in conducting a criminal background check or criminal history record check, the Department of State Police shall also determine whether the recipient is otherwise prohibited by state or federal law from possessing a firearm.
(2) Notwithstanding ORS 166.412 (5), the department is not required to operate the telephone number established under ORS 166.412 (5) on Thanksgiving Day or Christmas Day.
(3)(a) The department may charge a fee, not to exceed the amount authorized under ORS 166.414, for criminal background checks required under this section or ORS 166.435 or 166.436.
(b) The department shall establish a reduced fee for subsequent criminal background checks on the same recipient that are performed during the same day between the hours of 8 a.m. and 10 p.m. [2001 c.1 §5; 2015 c.50 §8; 2018 c.5 §6]
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.
**(a)** No person shall engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition, until he has filed an application with and received a license to do so from the Attorney General. The application shall be in such form and contain only that information necessary to determine eligibility for licensing as the Attorney General shall by regulation prescribe and shall include a photograph and fingerprints of the applicant. Each applicant shall pay a fee for obtaining such a license, a separate fee being required for each place in which the applicant is to do business, as follows:
(1) If the applicant is a manufacturer—
(A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year;
(B) of firearms other than destructive devices, a fee of $50 per year; or
(C) of ammunition for firearms, other than ammunition for destructive devices or armor piercing ammunition, a fee of $10 per year.
(2) If the applicant is an importer—
(A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year; or
(B) of firearms other than destructive devices or ammunition for firearms other than destructive devices, or ammunition other than armor piercing ammunition, a fee of $50 per year.
(3) If the applicant is a dealer—
(A) in destructive devices or ammunition for destructive devices, a fee of $1,000 per year; or
(B) who is not a dealer in destructive devices, a fee of $200 for 3 years, except that the fee for renewal of a valid license shall be $90 for 3 years.
**(b)** Any person desiring to be licensed as a collector shall file an application for such license with the Attorney General. The application shall
Stored review status: release_metadata_unconfirmed. The source passage cites 18 U.S.C. § 923. This identifies an authority to review, not proof of applicability.