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Legal Information: Oregon

State Gun Laws

March 26, 2018

Will the abuser go to jail for having a gun when s/he isn't supposed to?

The abuser could face jail time.  According to Oregon state law, the crime of illegal possession of a firearm is a Class A misdemeanor, which carries a sentence of up to  364 days and a fine of up to $6,250.*  However, if the abuser is a convicted felon in possession of a firearm, it is a Class C felony, which carries a sentence of up to 5 years and a fine of up to $125,000.** 

If the abuser has a gun in violation of a specific term against possessing firearms that was written into your restraining order by the judge, s/he may be arrested for the crime of violating the restraining order.  Violation of the specific terms of a stalking protective order, for example, can be considered either a Class A misdemeanor or a Class C felony, depending on certain circumstances.***

The abuser might also be violating federal gun laws as well, which carry separate criminal penalties.  Go to Federal Gun Laws for more information.

* O.R.S. §§ 166.250(5); 161.615(1); 161.635(1)(a)
** O.R.S. §§ 166.270(5); 161.605(3); 161.625(1)(d)
*** O.R.S. § 163.750(2)(a),(b)