(1) except as provided in 166.220 (unlawful use of weapon), any person is guilty of a violation who discharges or attempts to discharge any blowgun, bow & arrow, crossbow, air rifle or firearm:

(a) upon or across any highway, railroad right of way or other public road in Oregon, or upon or across the ocean shore within the state recreation area"

(b) at any public or railroad sign or signal or an electric power, communication, petroleum or natural gas transmission or distribution facility of a public utility, telecommunications utility or railroad within range of the weapon

(2) any blowgun, bow & arrow, crossbow, air rifle or firearm in the possession of the person that was used in committing a violation of this statute may be confiscated and forfeited to the State of Oregon. This statute does not prevent:

(a) the discharge of firearms by peace officers in the performance of their duty or by military personnel within the confines of a military reservation

(b) the discharge of firearms by an employee of the United States Department of Agriculture acting within the scope of employment in the course of the lawful taking of wildlife

(3) the hunting license revocation provided in 497.415 (revocation or denial of licenses, tags or permits for wildlife law violations or failure to comply with citation) is in addition to and not in lieu of the penalty and forfeiture provided in (1) & (2) above