ORS 166.270: Felon Firearm Possession, Penalties, and Restoration

In Oregon, a felon in possession of a firearm commits a Class C felony under ORS 166.270, punishable by up to five years in prison and a fine of up to $125,000.¹²³ The ban is lifetime by default, but Oregon law contains an automatic 15-year exception for people with a single qualifying felony, plus court petition, expungement, and pardon routes that can restore firearm rights for others.

Which Convictions Trigger the Ban

ORS 166.270 applies to any person convicted of a felony, whether the conviction came from an Oregon court, another state, or the federal system. What matters is that the offense was classified as a felony in the jurisdiction where it happened. The nature of the underlying crime does not matter either; a felony fraud conviction triggers the same ban as a felony assault, and the restriction continues after parole or probation ends.¹

Two situations don’t count as felonies for this statute. If the sentencing court declared the conviction a misdemeanor at the time of judgment, the weapon restrictions don’t apply. A pre-1972 marijuana possession conviction also isn’t treated as a felony here.⁴

Oregon defines “firearm” broadly: any weapon designed to launch a projectile using powder.⁵ That covers handguns, rifles, and shotguns. Unlike federal law, Oregon does not exempt antique firearms made before 1899, so even a black-powder musket qualifies.

What “Possession” Actually Means

Possession under Oregon law is wider than most people assume, and this is where honest people get charged.

Actual possession is simple: the firearm is on your body or within immediate reach. A handgun in your jacket pocket during a traffic stop is actual possession.

Constructive possession is the trap. You constructively possess a weapon when it sits in a place you control and you know it’s there, even if you never touch it. The Oregon Supreme Court upheld a constructive possession conviction where the defendant had the right to exercise control over the space containing the firearm.⁶ A gun in your bedroom closet, in a safe whose combination you know, or in your car’s glove compartment can all qualify if prosecutors show you knew and had access.

Living with someone who owns firearms is a real exposure. If a spouse, roommate, or family member keeps guns in the home, they need to be stored somewhere you genuinely cannot access, or kept off-site entirely.

Penalties for Firearm Possession

Felon in possession of a firearm is a Class C felony. The maximum sentence is five years in prison, with a maximum fine of $125,000.²³ Because the offense is itself a felony, a conviction adds another felony to your record and raises exposure on any future charges.

These cases are easy for prosecutors to prove: prior felony plus current possession equals guilt. The charge frequently gets added to drug cases, domestic incidents, and traffic stops, and it often sticks even when other charges collapse.

The Separate, Lesser Charge for Restricted Weapons

ORS 166.270 also bans felons from possessing certain non-firearm weapons, but that violation is charged separately as a Class A misdemeanor rather than a felony. The maximum is 364 days in jail and a $6,250 fine.¹⁷

The restricted list includes:

Knives with blades that swing or project into position by spring or centrifugal force, including switchblades and similar auto-opening knives.
Blackjacks, slungshots, sandclubs, sandbags, sap gloves, and metal knuckles.
Dirks, daggers, and stilettos when carried by a person with a felony record.
Electro-Muscular Disruption Technology devices, including certain commercial stun weapons.

Ordinary pocket knives, kitchen knives, and fixed-blade hunting knives without a spring or centrifugal mechanism are not on this list.

Federal Charges Can Stack On Top

Oregon’s statute is not the only law in play. Federal law under 18 U.S.C. § 922(g) separately bars anyone convicted of a crime punishable by more than one year in prison from possessing any firearm or ammunition. That sweeps in most felonies and some state misdemeanors carrying a potential sentence over a year. A single possession incident can produce both state and federal charges, and the federal maximum reaches 15 years.⁸

Federal law also prohibits felons from possessing ammunition. Oregon’s statute does not explicitly address ammunition, so keeping a box of shells in your garage with no gun likely isn’t an ORS 166.270 violation, but it’s a federal crime.

Violent felons face a further federal restriction on body armor. Under 18 U.S.C. § 931, anyone convicted of a felony that qualifies as a crime of violence cannot buy, own, or possess body armor, with a maximum of three years in federal prison and harsher sentencing if the armor is used during another felony.⁹

The Automatic 15-Year Exception

Many people with old convictions don’t know ORS 166.270 contains a built-in exception that lifts the firearm prohibition automatically when all four of these conditions are met:

You were convicted of only one felony, state or federal.
That felony did not involve criminal homicide.
The felony did not involve possession or use of a firearm or a spring-loaded/centrifugal-force blade.
At least 15 years have passed since your discharge from imprisonment, parole, or probation for that offense.

No petition or court approval is required; the exception operates by its own terms.⁴ The 15-year clock runs from the end of your last period of incarceration, parole, or probation, not from the date of conviction. Because this is a defense you’d raise after being charged, keep documentation of your discharge date and conviction history where you can produce it.

This exception covers only the firearm prohibition in subsection (1). The ban on restricted weapons stays in place.

Other Routes to Restore Firearm Rights

If you don’t qualify for the 15-year exception, Oregon offers additional paths.

Court Petition Under ORS 166.274

You can petition the circuit court in your county to lift the firearm ban. The standard is high: you must prove by clear and convincing evidence that you don’t pose a threat to public safety or to yourself. The petition must be served on the local chief of police or county sheriff, and the court must hold a hearing within 15 judicial days of filing.¹⁰

Several categories of felon can’t use this process. Relief is unavailable if your felony involved a firearm or deadly weapon and qualifies as a “person felony” under Oregon Criminal Justice Commission rules, if you were convicted of an offense carrying a mandatory minimum sentence under ORS 137.700, or if you are currently serving a felony sentence or finished one less than a year before filing. You may apply once per calendar year.¹⁰

Expungement

If your felony is set aside under Oregon’s expungement statute (ORS 137.225) or an equivalent law in another state, the firearm ban in subsection (1) no longer applies. The same applies to someone granted relief under the federal process in 18 U.S.C. § 925(c).⁴ Eligibility depends on the type of felony, time elapsed, and other convictions, so not every felony qualifies.

Pardons

A pardon from the Governor of Oregon can restore firearm rights, though Oregon governors grant pardons rarely. A presidential pardon applies to federal convictions. The pardon must specifically address the conviction that triggered the weapon ban.

Out-of-State Travel After Rights Are Restored

Restoration under Oregon law applies only in Oregon. Other states and the federal government are not bound by it. Before possessing a firearm outside Oregon, confirm your rights are restored under federal law and the law of whatever state you’ll be in.

1
Oregon State Legislature. Oregon Code 166.270 – Possession of Weapons by Certain Felons
2
Oregon Public Law. Oregon Code 161.605 – Maximum Terms of Imprisonment for Felonies
3
Oregon State Legislature. Oregon Code 161.625 – Fines for Felonies
4
Oregon Public Law. Oregon Code 166.270 – Possession of Weapons by Certain Felons
5
Oregon Public Law. Oregon Code 166.210 – Definitions
6
Justia. State v. Casey
7
Oregon State Legislature. Oregon Code 161.615 – Maximum Terms of Imprisonment for Misdemeanors
8
Office of the Law Revision Counsel. 18 USC 924 – Penalties
9
United States Sentencing Commission. Amendment 670
10
Oregon Public Law. Oregon Code 166.274 – Relief From Prohibition Against Possessing or Receiving Firearm