Oregon Statutes 166.403 – Duty to supervise upon transfer of firearm to minor; civil liability
(1) Except as provided in subsections (3) and (4) of this section, a person who delivers or otherwise transfers a firearm to a minor shall directly supervise the minor’s use of the firearm.
Terms Used In Oregon Statutes 166.403
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2)(a) If a person delivers or otherwise transfers a firearm to a minor and fails to directly supervise the minor’s use of the firearm as required by subsection (1) of this section, in an action against the person to recover damages for injury to a person or property caused by the minor’s use of the firearm, the failure to supervise constitutes negligence per se, and the presumption of negligence may not be overcome by a showing that the person acted reasonably.
(b) Paragraph (a) of this subsection does not apply if the injury results from a lawful act of self-defense or defense of another person.
(3) A person who delivers or otherwise transfers a firearm to a minor may delegate to another person, with the consent of the other person and the minor’s parent or guardian, the duty to supervise the minor’s use of the firearm. If the duty to supervise is delegated under this subsection, subsection (2) of this section applies to the person assuming the duty to supervise.
(4)(a) This section does not apply, with respect to a particular firearm other than a handgun, if:
(A) The firearm is transferred to a minor in accordance with ORS § 166.470, and, as a result of the transfer, the minor is the owner of the firearm; or
(B) The firearm is temporarily transferred to a minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian, for the purpose of hunting in accordance with ORS § 497.360, hunting of a predatory animal as defined in ORS § 610.002 or target shooting at a shooting range, shooting gallery or other area designed for the purpose of target shooting.
(b) The exception described in paragraph (a)(B) of this subsection applies only during the time in which the minor is engaged in activities related to hunting or target shooting. [2021 c.146 § 6]