166.438 Transfer of firearms at gun shows; penalties. (1) A transferor who is not a gun dealer may not transfer a firearm at a gun show unless the transferor:
(a)(A) Verifies with the department that the recipient has a valid permit-to-purchase issued under ORS 166.505;
(B) Requests a criminal background check under ORS 166.436 prior to completing the transfer;
(C) Receives a unique approval number from the department indicating that the recipient is qualified to complete the transfer; and
(D) Has the recipient complete the form described in ORS 166.441; or
(b) Completes the transfer through a gun dealer.
(2) The transferor shall retain the completed form referred to in subsection (1) of this section for at least five years and shall make the completed form available to law enforcement agencies for the purpose of criminal investigations.
(3) A person who organizes a gun show shall post in a prominent place at the gun show a notice explaining the requirements of subsections (1) and (2) of this section. The person shall provide the form required by subsection (1) of this section to any person transferring a firearm at the gun show.
(4) Subsection (1) of this section does not apply if the transferee is licensed as a dealer under 18 U.S.C. 923.
(5)(a) Failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class C felony if the person has two or more previous convictions under this section at the time of the offense.
(6) It is an affirmative defense to a charge of violating subsection (1) or (3) of this section that the person did not know, or reasonably could not k
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Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables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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Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:166.438 Source file: ors166.html Pages: Not recorded – Not recorded Passage SHA-256: 2f7a1d3e01889e61c346d239bac2e185a2fbb2db6ceca9deb505337247fbe0e6 Retained source evidence SHA-256: dd35e0da63555ebef88cc11cd6ae4309a37c3b744978829c3b2f00d59c0c08b8
Source location: ORS 166.438 (all printed versions and notes)
Stored source content
166.438 Transfer of firearms at gun shows; penalties. (1) A transferor who is not a gun dealer may not transfer a firearm at a gun show unless the transferor:
(a)(A) Verifies with the department that the recipient has a valid permit-to-purchase issued under ORS 166.505;
(B) Requests a criminal background check under ORS 166.436 prior to completing the transfer;
(C) Receives a unique approval number from the department indicating that the recipient is qualified to complete the transfer; and
(D) Has the recipient complete the form described in ORS 166.441; or
(b) Completes the transfer through a gun dealer.
(2) The transferor shall retain the completed form referred to in subsection (1) of this section for at least five years and shall make the completed form available to law enforcement agencies for the purpose of criminal investigations.
(3) A person who organizes a gun show shall post in a prominent place at the gun show a notice explaining the requirements of subsections (1) and (2) of this section. The person shall provide the form required by subsection (1) of this section to any person transferring a firearm at the gun show.
(4) Subsection (1) of this section does not apply if the transferee is licensed as a dealer under 18 U.S.C. 923.
(5)(a) Failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class C felony if the person has two or more previous convictions under this section at the time of the offense.
(6) It is an affirmative defense to a charge of violating subsection (1) or (3) of this section that the person did not know, or reasonably could not know, that more than 25 firearms were at the site and available for transfer. [2001 c.1 §7; 2015 c.50 §9; 2023 c.1 §9]
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.
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
166.436 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
166.441 Form for transfer of firearm at gun show. (1) The Department of State Police shall develop a form to be completed by a person seeking to obtain a firearm at a gun show from a transferor other than a gun dealer. The department shall consider including in the form all of the requirements for disclosure of information that are required by federal law for over-the-counter firearms transactions.
(2) The department shall make the form available to the public at no cost. [2001 c.1 §8]
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
**(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.
Federal law — U.S. Code and appendices · legal_authorities
§ 923. Licensing
(a) No person shall engage in the business of
importing, manufacturing, or dealing in fire-
arms, or importing or manufacturing ammuni-
tion, 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 Attor-
ney 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 re-
quired 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 ammuni-
tion, a fee of $1,000 per year;
(B) of firearms other than destructive de-
vices, 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 ammuni-
tion, a fee of $1,000 per year; or
(B) of firearms other than destructive de-
vices 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 de-
vices, 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 col-
lector shall file an application for such license
with the Attorney
Stored review status: historical_2024_not_currentness_verified. The source passage cites 18 U.S.C. § 923. This identifies an authority to review, not proof of applicability.