ORS  Guide
Explosive & Fireworks
Certificate, license or permit for explosives required
ORS > Criminal Code > Explosive & Fireworks > 480.210
(1) no one may possess an explosive unless:
(a) they have in their immediate possession at all times during the possession of the explosive a valid certificate of possession issued to them under 480.235 (waiting period for issuance of certificate of possession)
(b) they possess a license or permit issued by the BATF of a type that authorizes the possession OR
(c) they are listed as a responsible person or employee possessor under a license or permit described in (b) above
(2) a person in possession of an explosive will 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's a defense to a charge under (1) that the person so charged produce in court:
(a) a certificate described in (1)(a) that was valid at the time of their arrest
(b) proof that they have a license or permit issued by the BATF of a type authorizing them to possess the explosives OR
(c) proof that they are listed as a responsible person or employee possessor under a license or permit described in (b) above
Fire bombs prohibited
ORS > Criminal Code > Explosive & Fireworks > 480.070
(1) No one may possess a fire bomb. A "fire bomb" is a breakable container containing a flammable liquid with a flash point of 150°F or less, having an integral wick or similar device capable of being ignited. No device commercially manufactured primarily for the purpose of illuminating will be considered a fire bomb
(2) This statute doesn't prohibit the authorized use or possession of fire bombs by a member of the Armed Forces of the United States or by any member of a regularly organized public fire or police department
+ Related statutes
Permit for retail sale of consumer fireworks
ORS > Criminal Code > Explosive & Fireworks > 480.127
(1) anyone who wants to sell consumer fireworks at retail to individual members of the general public for personal use must apply in writing to the State Fire Marshal for a permit at least fifteen (15) days in advance of the proposed sale. The State Fire Marshal will issue the permit only if he/she finds that the applicant is qualified to conduct the proposed sale and that the proposed sale will conform to the provisions of, and any rules adopted under: |480.111 (definitions) to 480.165 (civil penalty for fireworks law violations) A fee may be charged for the permit. Subject to prior approval by the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, the amount of the fee will be set by rule and will be adjusted subsequently by the State Fire Marshal to finance the administrative expenses incurred under this section and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.
(2) A retail sales permit issued under this section authorizes the sale of consumer fireworks only in the year for which the permit is issued during the period that begins on June 23 and ends on July 6 of the year for which the permit is issued
(3) A retail sales permit holder must store consumer fireworks in accordance with any fire codes that the State Fire Marshal adopts by rule to ensure safe storage of those fireworks. The matters that the State Fire Marshal considers when adopting storage rules for fireworks may include, but are not limited to, any United States Department of Transportation requirements relating to hazardous materials storage
Sale or gift of explosives to children
ORS > Criminal Code > Explosive & Fireworks > 166.480
anyone who sells, exchanges, barters or gives to any child, under 14, any explosive article or substance, other than an ordinary firecracker containing not more than ten (10) grains of gunpowder or who sells, exchanges, barters or gives to any such child, any instrument or apparatus, the chief utility of which is the fact that it is used, or is ordinarily capable of being used, as an article or device to increase the force or intensity of any explosive, or to direct or control the discharge of any such explosive, is guilty of a misdemeanor
Sale, possession and use of fireworks prohibited
ORS > Criminal Code > Explosive & Fireworks > 480.120
(1) no person shall sell, keep or offer for sale, expose for sale, possess, use, explode or have exploded any fireworks within Oregon, except as follows:
(a) sales by manufacturers and wholesalers to customers residing outside of Oregon in accordance with 480.156 (sale of fireworks to out-of-state resident without valid license or permit prohibited)
(b) sales to persons or organizations having obtained a permit from the State Fire Marshal for supervised public display
(c) sales to railroads, boats, motor vehicle or other transportation agencies, to be used for signal, warning or illumination purposes in connection with such business
(d) sale or use of blank cartridges for licensed shows or theaters or for signal or ceremonial purposes in athletics or sports
(e) experimental purposes by a manufacturer of explosives at such places where such experiments are normally conducted
(f) sale of blank cartridges for use by the militia or any organization of war veterans or other organization authorized by law to parade in public a color guard armed with firearms
(g) sale of shells, cartridges, gunpowder or explosives for use in legally permitted firearms
(h) sales of items described in 480.127 (permit for retail sale of consumer fireworks) to persons who possess the retail sales permit required by 480.127 (permit for retail sale of consumer fireworks) by a person who holds a manufacturer or wholesaler license issued pursuant to 480.111 (definitions) to 480.165 (civil penalty for fireworks law violations) OR
(i) sales of items described in 480.127 (permit for retail sale of consumer fireworks) to individual members of the general public for personal use by taking direct delivery of those items at the time of sale from the holder of a retail sale permit issued pursuant to 480.127 (permit for retail sale of consumer fireworks)
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