In Oregon, unlawful use of a weapon under ORS 166.220 is a Class C felony that covers two very different situations: carrying or attempting to use a dangerous or deadly weapon against another person, and intentionally discharging certain weapons within a city or residential area.1Oregon State Legislature. Oregon Revised Statutes 166.220 – Unlawful Use of Weapon A conviction can bring up to five years in prison and fines as high as $125,000, along with the loss of firearm rights and a permanent felony record.
The Two Ways to Violate ORS 166.220
The statute reaches two separate types of conduct, and the required proof is different for each.
Using or Carrying a Weapon Against Another Person
Under the first prong, you commit UUW if you attempt to use a dangerous or deadly weapon unlawfully against another person, or if you carry or possess one with the intent to use it unlawfully against someone.1Oregon State Legislature. Oregon Revised Statutes 166.220 – Unlawful Use of Weapon Intent is the pivot. Owning a firearm, carrying a knife, or transporting a weapon in your vehicle does not by itself trigger this charge. The state has to prove a specific unlawful purpose aimed at another person.
That proof usually comes from context: threats made during an argument, aggressive movement toward someone, witness accounts of what was said or done, and the circumstances that brought police to the scene. Without evidence linking the weapon to an unlawful objective against a specific person, the state cannot meet its burden on this prong.
Firing a Weapon in a City or Residential Area
The second prong requires no intent to harm a particular person. You commit UUW if you intentionally discharge a firearm, blowgun, bow and arrow, crossbow, or explosive device within city limits or within a residential area inside an urban growth boundary, directed at or toward any person, building, structure, or vehicle within range, and you lack legal authority for the discharge.1Oregon State Legislature. Oregon Revised Statutes 166.220 – Unlawful Use of Weapon Celebratory gunfire and reckless backyard target shooting in town both fit here. The state only has to show the discharge was intentional, inside the geographic boundary, and unauthorized.
What Counts as a Weapon
ORS 166.220 borrows its definitions from ORS 161.015. A deadly weapon is an instrument specifically designed to cause death or serious physical injury and presently capable of doing so. Firearms and switchblades are the classic examples.2Oregon Public Law. Oregon Code 161.015 – General Definitions
A dangerous weapon is broader. It covers any weapon, device, instrument, material, or substance that, under the circumstances of its use or threatened use, is readily capable of causing death or serious physical injury.2Oregon Public Law. Oregon Code 161.015 – General Definitions That is how everyday objects come into play. A baseball bat, a tire iron, or a glass bottle can qualify depending on how it was used or threatened. The question is not what the object was made for but what it was doing in the moment.
Who Is Exempt
The statute itself lists five categories of people who are not subject to prosecution under ORS 166.220:
- Police officers and military personnel acting in the lawful performance of their official duties.
- Individuals lawfully defending life or property under ORS 161.219.
- People discharging weapons at public or private shooting ranges, galleries, or other areas built for target shooting.
- People lawfully hunting in compliance with rules adopted by the Oregon Department of Fish and Wildlife.
- USDA employees discharging a firearm while lawfully taking wildlife within the scope of their job.
These are written into the statute itself, not treated as affirmative defenses. If the facts clearly place you in one of these categories, the charge should not apply.1Oregon State Legislature. Oregon Revised Statutes 166.220 – Unlawful Use of Weapon
How Self-Defense Works in Oregon
Self-defense is both a statutory exception and the defense that comes up most often in UUW cases. ORS 161.209 allows you to use physical force against another person when you reasonably believe they are about to use unlawful physical force against you or someone else, and only to the degree you reasonably believe is necessary.3Oregon Public Law. Oregon Code 161.209 – Use of Physical Force in Defense of a Person
Deadly physical force has a higher bar. ORS 161.219 limits it to three situations: when you reasonably believe the other person is committing or attempting a felony involving the use or threatened use of physical force, committing or attempting a burglary of a dwelling, or using or about to use unlawful deadly physical force.4Oregon Public Law. Oregon Code 161.219 – Limitations on Use of Deadly Physical Force in Defense of a Person Oregon does not have a stand-your-ground statute. Courts look at whether your belief was reasonable and whether the force matched the threat. Pulling a weapon during an argument that did not involve serious physical danger will rarely survive that test.
Penalties
UUW is a Class C felony, which carries a maximum of five years in prison and a fine of up to $125,000.1Oregon State Legislature. Oregon Revised Statutes 166.220 – Unlawful Use of Weapon5Oregon Public Law. Oregon Code 161.605 – Maximum Terms of Imprisonment for Felonies6Oregon Public Law. Oregon Code 161.625 – Fines for Felonies
What a first-time offender actually gets is usually far below the maximum. Oregon uses a sentencing guidelines grid that plots the seriousness of the offense against the defendant’s criminal history. A person with no prior felony or Class A misdemeanor convictions falls into the lowest history category, and the grid often calls for probation with local jail time rather than a prison term. Prior felonies, especially person felonies, push the presumptive sentence upward. Aggravating facts like injury to a victim or the presence of children can support an upward departure.
One option worth knowing about: Oregon allows a sentencing court to reduce certain Class C felonies to Class A misdemeanors at sentencing if a felony conviction would be unduly harsh given the nature of the crime and the defendant’s character and history.7Oregon Public Law. Oregon Code 166.270 – Possession of Weapons by Certain Felons Getting that reduction at sentencing avoids some of the collateral consequences below.
Loss of Firearm Rights
A UUW conviction triggers firearm prohibitions at both the state and federal level, and this is where the long-term weight of the conviction lands for most people.
Oregon’s Felon-in-Possession Rule
Under ORS 166.270, anyone convicted of a felony in Oregon, another state, or under federal law is barred from owning or possessing any firearm. A violation is itself a Class C felony. Firearm rights automatically restore 15 years after the date of discharge (the end of imprisonment, parole, or probation), but only if you have a single felony conviction and it did not involve criminal homicide or the use of a firearm or prohibited knife.7Oregon Public Law. Oregon Code 166.270 – Possession of Weapons by Certain Felons Because UUW frequently involves a firearm, many people convicted under this statute will not qualify for the automatic 15-year restoration.
Petitioning for Early Restoration
If the automatic path is closed, ORS 166.274 provides a petition process. A person convicted of a nonviolent offense can petition the circuit court in their county of residence one year after completing their sentence. The court grants relief when the petitioner shows by clear and convincing evidence that they do not pose a threat to public safety or to themselves. The court cannot grant the petition to anyone convicted of a person felony involving a firearm or deadly weapon, or anyone convicted of the violent offenses listed in ORS 137.700.
The Federal Firearm Ban
Federal law under 18 U.S.C. ยง 922(g)(1) separately prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing any firearm or ammunition.8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Oregon UUW clears that threshold easily. The federal ban applies regardless of what happens at the state level. Even after Oregon restores your firearm rights or sets aside the conviction, the federal prohibition can persist unless the state action specifically restores firearm rights or the conviction is formally pardoned.9Federal Bureau of Investigation. About NICS
Other Collateral Consequences
A UUW conviction reaches well past the sentence itself.
Employment and professional licensing. Healthcare, law, education, finance, and real estate all require background checks, and boards may deny, suspend, or revoke a license based on a felony conviction. Violent-crime convictions draw the closest scrutiny. Employers outside licensed fields often disqualify applicants with felony records, particularly for positions involving public trust or contact with vulnerable people.
Immigration. For noncitizens, the consequences can be severe. Under federal immigration law, virtually any offense with a firearm as an element is a deportable firearms offense for lawful permanent residents and visa holders. If the conviction qualifies as an aggravated felony, it also bars most forms of relief, including cancellation of removal, asylum, and Temporary Protected Status.
Housing and civil rights. A felony record can limit eligibility for public housing and make private landlords hesitant. Voting rights in Oregon are restored upon release from incarceration, but jury service and many everyday opportunities remain affected.
Setting Aside a UUW Conviction
Oregon allows certain felony convictions to be set aside (the state’s version of expungement) under ORS 137.225. For a Class C felony like UUW, you can file a motion five years after the date of conviction or release from imprisonment, whichever is later.10Oregon Public Law. Oregon Code 137.225 – Order Setting Aside Conviction or Record of Criminal Offense You cannot file while on probation, parole, or post-prison supervision, or while any criminal charge is pending.
Not every UUW conviction qualifies. If the offense was classified as a person felony under Oregon Criminal Justice Commission rules, the Class B felony set-aside rules apply instead, with a seven-year waiting period and additional restrictions. Sex crimes, certain homicide-related offenses, and other categories listed in the statute are not eligible at all.10Oregon Public Law. Oregon Code 137.225 – Order Setting Aside Conviction or Record of Criminal Offense A new conviction before the waiting period ends resets the clock.
A successful set-aside seals the conviction from most background checks and removes many employment barriers. As of late 2025, Oregon State Police confirmed they will no longer deny firearm rights solely on the basis of a conviction that has been set aside under Oregon law, which matters for anyone trying to fully restore their rights after a UUW.
Charges That Often Appear Alongside UUW
Prosecutors sometimes stack or substitute related charges. Menacing under ORS 163.190 is a Class A misdemeanor that covers intentionally trying to place another person in fear of imminent serious physical injury through words or conduct, and it often appears when a weapon was displayed but not fired.11Oregon Public Law. Oregon Code 163.190 – Menacing Pointing a firearm at another person is a separate offense under ORS 166.190, carrying a fine of $10 to $500, jail time of 10 days to six months, or both; it applies whether the firearm is loaded or not.12Oregon Public Law. Oregon Code 166.190 – Pointing Firearm at Another Both are less serious than UUW, but police commonly arrest on multiple counts and leave the sorting to prosecutors.