Oregon NFA Items & Weapon Restrictions

Machine Guns, Short-Barreled Firearms, and Silencers

ORS 166.272: Unlawful Possession of Machine Guns, Certain Short-Barreled Firearms and Firearms Silencers

Under Oregon law, it is a crime to knowingly possess a machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer unless the item is properly registered under federal law (i.e., the National Firearms Act).

• Crime Classification: Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer is a Class B felony (punishable by up to 10 years imprisonment and/or up to $250,000 fine per ORS 161.605(2) and 161.625(1)(c)).

• Law Enforcement Protection: A peace officer may not arrest or charge a person for violating ORS 166.272(1) if the person has in their immediate possession documentation showing the NFA item is registered as required under federal law.

• Affirmative Defense: It is an affirmative defense to a charge under ORS 166.272(1) that the machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer was registered as required under federal law.

Definitions (per Oregon Legislature publications)

• Machine gun: A gun that allows two or more shots to be fired by a single pressure on the trigger.
• Short-barreled rifle: A rifle with a barrel less than 16 inches in length.
• Short-barreled shotgun: A shotgun with a barrel less than 18 inches in length.
• Firearms silencer/suppressor: Not separately defined in the provided statutes but regulated alongside machine guns and short-barreled firearms.

Rapid Fire Activators: ORS 166.352

Oregon enacted the "Community Safety Firearms Act" (2025 c.594), which prohibits rapid fire activators:

• Unlawful transport, manufacture, or transfer of a rapid fire activator is a Class B felony.
• Unlawful possession of a rapid fire activator is a Class A misdemeanor.

Defined Rapid Fire Activators Include:

• Bump stocks: devices using recoil energy to facilitate repeated trigger activation
• Forced reset triggers: devices that mechanically force the trigger to reset into firing position after each round
• Binary trigger systems: devices allowing the firearm to fire both when the trigger is pulled and when released
• Burst trigger systems: devices allowing two or more rounds with a single trigger pull by altering trigger reset
• Hellfire triggers: devices that disengage the trigger return spring
• Trigger cranks: devices that repeatedly activate the trigger through circular motion
• Switches/auto sears: devices that prevent the trigger bar from limiting the weapon to one round per trigger pull

Exceptions to ORS 166.352:

• Peace officers or law enforcement employees possessing a rapid fire activator with agency authorization
• Persons who have a machine gun lawfully registered under federal law, where the rapid fire activator is necessary for the proper function of that registered machine gun

Destructive Devices: ORS 166.382 & 166.384

• Possession of a destructive device is prohibited with limited exceptions (ORS 166.382).
• Unlawful manufacture of a destructive device is separately prohibited (ORS 166.384).

Large-Capacity Magazines: ORS 166.355

ORS 166.355, enacted by Measure 114 (2022), would prohibit the manufacture, importation, possession, use, purchase, sale, or transfer of large-capacity magazines. This provision is currently enjoined by a state court and is not in effect - Measure 114 has never taken effect, and the litigation is pending before the Oregon Supreme Court (a decision is expected in 2026). Under the enjoined statute, a large-capacity magazine is defined as:

• A fixed or detachable magazine, belt, drum, feed strip, helical feeding device, or similar device with an overall capacity exceeding 10 rounds of ammunition.

Exceptions include:

• Devices permanently altered to accept no more than 10 rounds
• Attached tubular devices designed for .22 caliber rimfire ammunition only
• Tubular ammunition feeding devices in lever-action firearms

Armor-Piercing Ammunition: ORS 166.350

• It is unlawful to make, sell, buy, or possess handgun ammunition with Teflon-coated (or similar) projectiles intended to penetrate soft body armor with intent to use in commission of a felony, or to carry such ammunition while committing a felony.
• Crime Classification: Class A misdemeanor.

Enhanced Penalties for NFA Items Used in Felonies: ORS 161.610

If a defendant uses or threatens use of a firearm during commission of a felony:

• Standard minimum: 5 years imprisonment
• If the firearm is a machine gun, short-barreled rifle, short-barreled shotgun, or is equipped with a firearms silencer: Minimum 10 years imprisonment (first offense)
• Second offense with NFA item: Minimum 20 years imprisonment
• Third or subsequent offense: Minimum 30 years imprisonment

Federal NFA Registration Requirement

Oregon law permits possession of machine guns, short-barreled rifles, short-barreled shotguns, and silencers/suppressors only when properly registered under the National Firearms Act (26 U.S.C. Chapter 53). Owners should maintain registration documentation on their person when in possession of NFA items.

Recent Developments

• 2025 c.594 (Community Safety Firearms Act): Enacted ORS 166.352 prohibiting rapid fire activators including bump stocks, binary triggers, forced reset triggers, and similar devices.
• Federal NFA Tax Elimination: The "One Big Beautiful Bill Act" signed by President Trump eliminated the $200 NFA excise tax. However, NFA registration requirements remain in effect.
• NFA Constitutional Challenge (August 2025): The NRA and other organizations filed a lawsuit challenging the constitutionality of the National Firearms Act of 1934. This case is pending and could affect NFA item regulation nationwide.

Key Statutes Reference