166.543 Criminal penalties. (1) A person commits a Class A misdemeanor if:
(a) The person knowingly possesses a deadly weapon; and
(b) The person is prohibited from possessing deadly weapons pursuant to an extreme risk protection order:
(A) Issued after notice and a hearing under ORS 166.530;
(B) Confirmed by operation of law after the person failed to request a hearing under ORS 166.527 (9); or
(C) Renewed under ORS 166.535.
(2) A person convicted under subsection (1) of this section shall be prohibited from having in the person’s custody or control, owning, purchasing, possessing or receiving, or attempting to purchase or receive, any firearms for a five-year period beginning when the extreme risk protection order expires or is terminated, or the judgment of conviction is entered, whichever occurs later.
(3) A person who files a petition for any extreme risk protection order under ORS 166.525 to 166.543 with the intent to harass the respondent, or knowing that the information in the petition is false, is guilty of a Class A misdemeanor. [2017 c.737 §8]
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Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables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:166.543 Source file: ors166.html Pages: Not recorded – Not recorded Passage SHA-256: 38f274c5aea9a440991a4530198faa699a53bfc01535bcb348f633936508a3eb Retained source evidence SHA-256: dd35e0da63555ebef88cc11cd6ae4309a37c3b744978829c3b2f00d59c0c08b8
Source location: ORS 166.543 (all printed versions and notes)
Stored source content
166.543 Criminal penalties. (1) A person commits a Class A misdemeanor if:
(a) The person knowingly possesses a deadly weapon; and
(b) The person is prohibited from possessing deadly weapons pursuant to an extreme risk protection order:
(A) Issued after notice and a hearing under ORS 166.530;
(B) Confirmed by operation of law after the person failed to request a hearing under ORS 166.527 (9); or
(C) Renewed under ORS 166.535.
(2) A person convicted under subsection (1) of this section shall be prohibited from having in the person’s custody or control, owning, purchasing, possessing or receiving, or attempting to purchase or receive, any firearms for a five-year period beginning when the extreme risk protection order expires or is terminated, or the judgment of conviction is entered, whichever occurs later.
(3) A person who files a petition for any extreme risk protection order under ORS 166.525 to 166.543 with the intent to harass the respondent, or knowing that the information in the petition is false, is guilty of a Class A misdemeanor. [2017 c.737 §8]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
166.525 Definitions. As used in ORS 166.525 to 166.543:
(1) “Deadly weapon” means:
(a) Any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury; or
(b) A firearm, whether loaded or unloaded.
(2) “Family or household member” means a spouse, intimate partner, mother, father, child or sibling of the respondent, or any person living within the same household as the respondent.
(3) “Gun dealer” has the meaning given that term in ORS 166.412.
(4) “Law enforcement agency” means an agency or department of the State of Oregon or of a political subdivision of the State of Oregon whose principal function is the apprehension of criminal offenders.
(5) “Law enforcement officer” means a member of the Oregon State Police, a sheriff, a municipal police officer or an authorized tribal police officer as defined in ORS 181A.940.
(6) “Petitioner” means a person who petitions for an order under ORS 166.525 to 166.543.
(7) “Respondent” means a person against whom an order is filed under ORS 166.525 to 166.543. [2017 c.737 §1]
166.527 Petition for ex parte order; issuance and service of order; request for hearing. (1) A law enforcement officer or a family or household member of a person may file a petition requesting that the court issue an extreme risk protection order enjoining the person from having in the person’s custody or control, owning, purchasing, possessing or receiving, or attempting to purchase or receive, a deadly weapon.
(2) An extreme risk protection order petition shall be heard by the court and issued or denied on the same day the petition is submitted to the court or on the judicial business day immediately following the day the petition is filed.
(3) The petition for an extreme risk protection order must be supported by a written affidavit signed by the petitioner under oath, or an oral statement taken under oath by the petitioner or any other witness the petitioner may produce.
(4) In determining whether to issue an extreme risk protection order, the court shall consider the following:
(a) A history of suicide threats or attempts or acts of violence by the respondent directed against another person;
(b) A history of use, attempted use or threatened use of physical force by the respondent against another person;
(c) A previous conviction for:
(A) A misdemeanor involving violence as defined in ORS 166.470;
(B) A stalking offense under ORS 163.732 or 163.750, or a similar offense in another jurisdiction;
(C) An offense constituting domestic violence as defined in ORS 135.230;
(D) Driving under the influence of intoxicants under ORS 813.010 or 813.011; or
(E) An offense involving cruelty or abuse of animals;
(d) Evidence of recent unlawful use of controlled substances;
(e) Previous unlawful and reckless use, display or brandishing of a deadly weapon by the respon
166.530 Hearing on order; continuation or termination of order. (1) At a hearing on an extreme risk protection order requested by the respondent under ORS 166.527 (9), the court may:
(a) Examine under oath the petitioner, the respondent and any witness either party may produce, including a mental health professional selected by the respondent, or, in lieu of examination, consider sworn affidavits of the petitioner, the respondent or a witness of either party; and
(b) Ensure that a reasonable search has been conducted for criminal history records related to the respondent.
(2)(a) The Oregon Evidence Code shall apply in a hearing under this section.
(b) The court may continue a hearing under this section upon a showing of good cause. If the court continues a hearing under this paragraph, the extreme risk protection order shall remain in effect until the next hearing date.
(3)(a) At the hearing, the court shall determine:
(A) Whether to terminate the extreme risk protection order or continue the order for a duration of one year; and
(B) Whether any deadly weapons surrendered to a law enforcement agency pursuant to ORS 166.537 shall be returned to the respondent or retained by the law enforcement agency.
(b) The petitioner has the burden of proving, by clear and convincing evidence, that the respondent presents a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person.
(c) If the court finds that the petitioner has met the burden of proof, the court shall:
(A) Order that the extreme risk protection order continue for the duration of one year from the date the original order was issued.
(B) Order that any deadly weapons surrendered to a law enforcement agency pursuant to ORS 166.537 remain in the custody of t
166.535 Renewal of order. (1) A law enforcement officer or a family or household member of a respondent, including but not limited to the law enforcement officer or family or household member who petitioned the court for the original extreme risk protection order issued under ORS 166.527, may request a renewal of the order within 90 days before the expiration date of the order by filing a written request with the court.
(2) Upon receipt of the request for renewal described in subsection (1) of this section, the court shall schedule a hearing and provide notice of the hearing to both parties at least 14 days before the hearing.
(3) At a hearing to determine whether to renew an extreme risk protection order under this section, the court may:
(a) Examine under oath the petitioner, the respondent and any witness either party may produce or, in lieu of examination, consider sworn affidavits of the petitioner, the respondent or a witness of either party; and
(b) Ensure that a reasonable search has been conducted for criminal history records related to the respondent.
(4) The person requesting the renewal of the extreme risk protection order has the burden of proving, by clear and convincing evidence, that the respondent continues to present a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person.
(5)(a) The Oregon Evidence Code shall apply in a hearing under this section.
(b) The court may continue a hearing under this section upon a showing of good cause. If the court continues a hearing under this paragraph, the original extreme risk protection order shall remain in effect until the next hearing date.
(c) The petitioner may appear in person or by electronic video transmission.
(6)(a) If the court finds that