(1) A person may not possess an explosive unless:

Terms Used In Oregon Statutes 480.210

  • Arrest: Taking physical custody of a person by lawful authority.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) The person has in immediate possession at all times during the possession of the explosive a valid certificate of possession issued to the person under ORS § 480.235;

(b) The person possesses a license or permit issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of a type that authorizes the possession; or

(c) The person is listed as a responsible person or employee possessor under a license or permit described in paragraph (b) of this subsection.

(2) A person in possession of an explosive shall display a certificate of possession or federal license or permit upon the demand of the State Fire Marshal, an assistant to the State Fire Marshal, a magistrate or a law enforcement agency, public fire department or fire protection agency of this state.

(3) It is a defense to a charge under subsection (1) of this section that the person so charged produce in court:

(a) A certificate described in subsection (1)(a) of this section that was valid at the time of the arrest of the person;

(b) Proof that the person has a license or permit issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of a type authorizing the person to possess the explosives; or

(c) Proof that the person is listed as a responsible person or employee possessor under a license or permit described in paragraph (b) of this subsection. [1971 c.518 § 3; 1999 c.980 § 3; 2007 c.71 § 159; 2009 c.164 § 1]