Oregon § 166.438 Transfer of firearms at gun shows; penalties

Oregon Statutes

§ 166.438 — Transfer of firearms at gun shows; penalties

Oregon § 166.438

Vol.4

Title 16Crimes and Punishments

Ch.166

This text of Oregon § 166.438 (Transfer of firearms at gun shows; penalties) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 166.438 (2026).

Text

(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)

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(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.