Oregon
Oregon Restraining Order Laws (2026): How to Get a FAPA Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
In Oregon, a FAPA Restraining Order (Family Abuse Prevention Act) lets spouses, former spouses, cohabitants, and other qualifying family members ask a circuit court to order an abuser to stay away. Under Oregon SB 816 (2023 Oregon Laws chapter 140, an emergency-clause bill effective on passage in 2023), the final order lasts two years and is renewable for additional two-year periods.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Oregon
Oregon provides several civil order types to protect victims of abuse, stalking, and sexual violence.
The FAPA Restraining Order is the primary domestic-violence track. It is authorized by Oregon Revised Statutes 107.700 through 107.735 and applies when the parties share one of the qualifying domestic or family relationships listed in the statute. A FAPA order can require the respondent to stop abuse, leave a shared home, stay away from the petitioner's home and workplace, and have no contact by any means.
For victims who do not have a qualifying domestic relationship with the person harming them, Oregon provides two additional tracks. The Stalking Protective Order (ORS 163.730 and following) requires no domestic relationship and can be sought by any person who has experienced repeated, unwanted contact that causes reasonable apprehension. The Sexual Abuse Protective Order covers sexual abuse and is also available without a domestic relationship. Oregon also maintains the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) for elder and disability-abuse situations. These parallel tracks mean that most Oregon victims can find a civil remedy regardless of their relationship to the person harming them.
Who can get a restraining order in Oregon?
For a FAPA Restraining Order, the law limits eligibility to people who share a specific relationship with the respondent. Oregon courts have jurisdiction if abuse occurred within the past 180 days.
Qualifying relationships under FAPA include:
- Current or former spouse
- A person with whom you have had a sexual relationship within the last two years
- A current or former cohabitant (someone you live or lived with)
- Unmarried parents of a shared child
- An adult person related to you by blood, marriage, or adoption (ORS 107.705(4)(c) covers "adult persons," so a relative who is still a minor does not qualify under this category)
A petitioner who is under 18 has narrower standing: ORS 107.726 lets a person under 18 petition for FAPA relief only if the respondent is 18 or older and the two are spouses, former spouses, or people who have been in a sexually intimate relationship.
If you do not fit one of those categories, Oregon's Stalking Protective Order and Sexual Abuse Protective Order are available to any victim regardless of the relationship. You do not need to have reported the conduct to police before petitioning for a civil order, though having documentation (police reports, text messages, photographs of injuries) can strengthen your case.
How to file for a restraining order in Oregon
Under ORS 107.728(1), a FAPA petition may be filed in the circuit court for any of three counties: the county where you live, the county where the respondent lives, or the county where the abuse occurred. In Oregon, you file in the family law division of the circuit court.
Filing is free. ORS 107.718(8)(c) waives all filing fees, service fees, and hearing fees for FAPA cases. This aligns with the federal Violence Against Women Act, which prohibits charging victims a fee to seek a domestic-violence protective order.
At the courthouse, the clerk will provide the required forms. A judge reviews the petition at an ex parte hearing, usually the same day you file or the following judicial day. You present your facts to the judge without the respondent present. If the judge finds good cause, the temporary order is issued immediately. The court then arranges service on the respondent.
Many Oregon circuit courts have a self-help center where staff can assist with forms (though they cannot give legal advice). The Oregon Judicial Department website also maintains instructions and fillable forms. Local domestic-violence advocacy programs can provide free accompaniment and help explaining the process. Oregon's statewide domestic-violence hotline connects callers with local programs and advocates.
After the temporary order is served, the respondent has 30 days to request a hearing to contest it. If no hearing is requested within that window, the order automatically becomes a final order. If a hearing is requested, it must be held within 21 days. If the respondent contests the order, have an Oregon family lawyer review your evidence for that hearing in a free case evaluation (attorney advertising).
Temporary vs. final orders: how long they last
Oregon operates on a two-stage model common to most states.
The temporary (ex parte) order is issued by the judge at the initial hearing, the same day you file or the following judicial day, without the respondent present. It takes effect immediately upon issuance and remains in force until a full hearing is held or the 30-day response window closes.
The final order issues after the respondent has had notice and an opportunity to be heard. Under Oregon SB 816 (2023 Oregon Laws chapter 140, an emergency-clause bill effective on passage in 2023), a final FAPA order lasts two years. At or before the two-year mark, the petitioner may file a motion to renew it for additional two-year periods (ORS 107.725).
| Stage | Duration |
|---|---|
| Temporary (ex parte) order | Until hearing is held or 30-day response window closes |
| Final order | 2 years; renewable for additional 2-year periods (SB 816, 2023 Or. Laws ch. 140, eff. on passage) |
If the respondent requests a hearing, the court schedules it within 21 days. Both parties present their evidence and the judge decides whether to make the order final or dismiss it.
Firearms and an Oregon protective order
Oregon takes firearm restrictions seriously in FAPA cases.
Under ORS 166.255, it is unlawful for the respondent to knowingly possess a firearm or ammunition once a FAPA order becomes final (or goes uncontested after the 30-day period) if the order also restrains the respondent from stalking, intimidating, molesting, or menacing a family or household member and includes a judicial finding that the respondent represents a credible threat to that person's physical safety. Firearms surrender is not discretionary: ORS 166.256 requires the court to also order the respondent to transfer all firearms and ammunition to a law enforcement agency, licensed gun dealer, or qualifying third party within 24 hours of becoming subject to the order, and to file a sworn declaration of compliance with the court within 2 judicial days.
In addition to Oregon's state prohibition, a qualifying final protective order separately triggers the federal firearm ban under 18 U.S.C. 922(g)(8). This federal law bars anyone subject to a qualifying final protective order from possessing any firearm or ammunition. The federal prohibition applies regardless of whether the state separately orders surrender, and it covers firearms held anywhere in the United States.
Respondents who knowingly possess a firearm in violation of a qualifying order, or who fail to comply with a court-ordered surrender provision, may face additional criminal charges. If you are concerned that a respondent still has access to firearms, you can raise this with law enforcement or the prosecutor's office.
What happens if someone violates the order?
If the respondent violates a FAPA Restraining Order, the conduct is treated as a criminal matter, not just a civil one. Under ORS 163.192 (Endangering a Person Protected by a Family Abuse Prevention Act Restraining Order), a person who has been served with the order, intentionally engages in conduct prohibited by the order while it is in effect, and thereby recklessly creates a substantial risk of physical injury to a protected person or intentionally attempts to place a protected person in fear of imminent physical injury, commits a Class C felony. A general FAPA violation may also be pursued as criminal contempt of court, which carries separate penalties; do not confuse contempt with the Class C felony charge under ORS 163.192, which carries substantially greater exposure.
Oregon law also requires police to arrest the respondent upon sufficient evidence that a violation occurred. You do not need to have the physical copy of the order present for police to act, though keeping a copy with you and one at home, at work, or at a child's school is strongly recommended.
Violations can also be pursued as criminal contempt of court, which carries separate penalties.
If the respondent contacts you, comes near you, or otherwise violates the order's terms, call 911 immediately. After the emergency is handled, report the violation to the issuing court as well. Documented violations are relevant to future renewal hearings.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
Related pages
For more on protective orders and related legal topics, see the full Restraining Order Laws by State hub. If you are concerned about documenting harassment, Oregon's recording consent laws explain when you can legally record conversations. For self-defense rights in Oregon, see the Oregon self-defense laws page.
More Oregon Laws
Frequently Asked Questions
How do I get a restraining order in Oregon?
File a FAPA petition at the circuit court (family law division). Under ORS 107.728(1) you may file in the county where you live, the county where the respondent lives, or the county where the abuse occurred. Bring documentation of the abuse. A judge can issue a temporary order the same day or the following judicial day. Filing is free under ORS 107.718(8)(c).
How long does a restraining order last in Oregon?
An ex parte temporary order lasts until a hearing is held or the respondent's 30-day response window closes. Under Oregon SB 816 (2023 Oregon Laws chapter 140, effective on passage in 2023), a final FAPA order lasts two years and can be renewed for additional two-year periods upon motion filed before expiration (ORS 107.725).
How much does a restraining order cost in Oregon?
Nothing. ORS 107.718(8)(c) waives all filing, service, and hearing fees for FAPA cases. The federal Violence Against Women Act also prohibits states from charging victims a fee to seek a domestic-violence protective order.
Can I get a restraining order without a police report?
Yes. Oregon does not require you to have filed a police report before petitioning for a FAPA order. Documenting the abuse through any available evidence (messages, photos, witness statements) will support your petition, but a police report is not required.
Does a restraining order take away gun rights in Oregon?
In most cases, yes. Under ORS 166.255, it is a crime for the respondent to possess firearms once a final FAPA order that also restrains stalking, intimidating, molesting, or menacing and includes a credible-threat finding takes effect. ORS 166.256 also requires the respondent to transfer all firearms and ammunition to police, a licensed dealer, or a qualifying third party within 24 hours and file a sworn compliance declaration within 2 judicial days. The federal ban under 18 U.S.C. 922(g)(8) also applies independently.
What happens if the abuser violates the order?
Endangering a person protected by a FAPA order is a Class C felony under ORS 163.192, meaning it carries potential prison time, not just jail. Oregon police are required to arrest on sufficient evidence of a violation. A violation may also be pursued as criminal contempt. Call 911 immediately and report the violation to the court as well.
What is the difference between a FAPA Restraining Order and a Stalking Protective Order in Oregon?
A FAPA Restraining Order requires a qualifying domestic or family relationship and covers family abuse. A Stalking Protective Order (ORS 163.730) requires no relationship at all and is available to any person experiencing repeated unwanted contact that causes reasonable apprehension. Oregon also has a separate Sexual Abuse Protective Order for sexual-abuse situations without a domestic relationship.
Updates
Corrected the eligibility list to match ORS 107.705(4)(c), which covers adult relatives by blood, marriage, or adoption, noted the separate standing rule for petitioners under 18, and added the respondent's county as a third filing option under ORS 107.728(1).
Corrected the most serious defect on this page: Oregon's firearm-surrender rule under ORS 166.256 is mandatory (24-hour transfer deadline, sworn compliance declaration), not a discretionary court option as previously stated. Also fixed a wrong fee-waiver citation, added a missing qualifying-relationship category (unmarried co-parents), and removed an unconfirmed SB 816 effective date that conflicted with the bill's own emergency clause.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the ORS 166.255 firearms description: the statute makes possession unlawful (a crime) rather than creating a surrender mechanism, and it applies only when the order also restrains stalking/intimidating/molesting/menacing and includes a credible-threat finding, not to any final FAPA order automatically.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Oregon Revised Statutes, Chapter 107: Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention
§ 107.718Restraining order; service of order; request for hearingIn force
(1) When a person files a petition under ORS 107.710, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition, that there is an imminent danger of further abuse to the petitioner and that the respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child, the court shall, if requested by the petitioner, order: (a) Except as provided in subsection (2) of this section, that temporary custody of the children of the parties be awarded to the petitioner or, at the request of the petitioner, to the respondent, subject to reasonable parenting time rights of the noncustodial parent, which the court shall order, unless such parenting time is not in the best interest of the child; (b) That the respondent be required to move from the petitioner’s residence, if in the sole name of the petitioner or if it is jointly owned or rented by the petitioner and the respondent, or if the parties are married to each…
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at oregonlegislature.gov
§ 107.725Renewal of orderIn force
(1) The court may renew for a period of two years an order entered under ORS 107.716 or 107.718 or renewed under this section upon a finding that: (a) A person in the petitioner’s situation would reasonably fear further acts of abuse by the respondent if the order is not renewed; or (b) A person in the situation of a child who was in the petitioner’s custody during the time the order existed, who was also included as a protected person in the order and who has reached 18 years of age since the date the order was entered would reasonably fear further acts of abuse by the respondent if the order is not renewed. (2) A finding that there has been a further act of abuse is not required to renew an order under subsection (1) of this section. (3) The court may renew an order under subsection (1)(b) of this section regardless of whether the original petitioner agrees to or seeks renewal of the order. If the petitioner does not agree to or seek renewal of the order concurrently with the request of the child who has reached 18 years of age, the court may modify the order upon renewal to exclude the petitioner as a protected person in the order.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- K. E. B. v. Bradley (Court of Appeals of Oregon 2023, 327 Or. App. 39)“…f a Family Abuse Prevention Act (FAPA) restrain- ing order, ORS 107.725, that she had initially obtained in 201…”
- J. N. D. v. Dehkordi (Court of Appeals of Oregon 2021, 309 Or. App. 198)“…81 P3d 422 Respondent seeks reversal of an order under ORS 107.725 renewing a restraining order under the…”
- Hannemann v. Anderson (Court of Appeals of Oregon 2012, 251 Or. App. 207)“…renewing the original order through September 2011. See ORS 107.725 (the court may renew an order entered u…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 107.705Definitions for ORS 107.700 to 107.735In forcecited in 2 of our articles
As used in ORS 107.700 to 107.735: (1) “Abuse” means the occurrence of one or more of the following acts between family or household members: (a) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury. (b) Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury. (c) Causing another to engage in involuntary sexual relations by force or threat of force. (2) “Child” means an unmarried person who is under 18 years of age. (3) “Declaration under penalty of perjury” means a declaration under penalty of perjury in the form required by ORCP 1 E. (4) “Family or household members” means any of the following: (a) Spouses. (b) Former spouses. (c) Adult persons related by blood, marriage or adoption. (d) Persons who are cohabiting or who have cohabited with each other. (e) Persons who have been involved in a sexually intimate relationship with each other within two years immediately preceding the filing by one of them of a petition under ORS 107.710. (f) Unmarried parents of a child.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 82 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Boyd v. Essin (Court of Appeals of Oregon 2000, 170 Or. App. 509)“…has been abused by respondent [George Essin] as defined in ORS 107.705" and that the abuse had occurred within…”
- Lefebvre v. Lefebvre (Court of Appeals of Oregon 2000, 165 Or. App. 297)“…to the petitioner[.]” See also ORS 107.710(1). ORS 107.705 defines “abuse” as “(1) * * * th…”
- Marriage of Strother v. Strother (Court of Appeals of Oregon 1994, 130 Or. App. 624)“…etition and meets the test of abuse under the definition in ORS 107.705(1). Mother’s testimony that the stateme…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon Child Custody Laws: Types, Best Interests, and Your Rights
§ 107.726Standing to petition for relief of person under 18 years of ageIn force
A person who is under 18 years of age may petition the circuit court for relief under ORS 107.710 if: (1) The person is: (a) The spouse of the respondent; (b) The former spouse of the respondent; or (c) A person who has been in a sexually intimate relationship with the respondent; and (2) The respondent is 18 years of age or older. [1993 c.643 §4] 107.728 Where to file petition; contempt proceedings. (1) A petition under ORS 107.710 may be filed in a county in which: (a) The petitioner resides; (b) The respondent resides; or (c) The abuse occurred. (2) Any contempt proceedings for violation of a restraining order issued under ORS 107.700 to 107.735 must be conducted by the court that issued the order, or by the circuit court for a county in which a violation of the restraining order occurs. If contempt proceedings are initiated in the circuit court for a county in which a violation of the restraining order occurs, the person initiating the contempt proceedings shall file with the court a copy of the restraining order, certified by the clerk of the court that issued the order.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Department of Human Services v. T. L. (Marion County Circuit Court, Oregon 2016, 279 Or. App. 673)“…as otherwise provided in subsection (5) of this section and ORS 107.726, the juvenile court has exclusive origi…”
- State v. L. P. L. O. (Court of Appeals of Oregon 2016, 280 Or. App. 292)“…as otherwise provided in subsection (5) of this section and ORS 107.726, the juvenile court has exclusive origi…”
- G. A. C. v. State ex rel. Juvenile Department (Court of Appeals of Oregon 2008, 219 Or. App. 1)“…as otherwise provided in subsection (6) of this section and ORS 107.726, the juvenile court has *8 exclusive o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Oregon Revised Statutes, Chapter 163: Offenses Against Persons
§ 163.192Endangering a person protected by a Family Abuse Prevention Act restraining orderIn force
(1) A person commits the crime of endangering a person protected by a Family Abuse Prevention Act restraining order if the person: (a) Has been served with the order as provided in ORS 107.718, unless service was waived under ORS 107.720 because the person appeared before the court; (b) Intentionally engaged in conduct prohibited by the order while the order was in effect; and (c) By engaging in the prohibited conduct, recklessly created a substantial risk of physical injury to a person protected by the order, or intentionally attempted to place a person protected by the order in fear of imminent physical injury. (2) Endangering a person protected by a Family Abuse Prevention Act restraining order is a Class C felony. [2015 c.527 §2] Note: 163.192 was added to and made a part of 163.160 to 163.208 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Villeda (Court of Appeals of Oregon 2023, 324 Or. App. 502)“…d by an order under the Family Abuse Prevention Act (FAPA), ORS 163.192, and assault in the fourth degree const…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 163.730Definitions for ORS 30.866 and 163.730 to 163.750In force
As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise: (1) “Alarm” means to cause apprehension or fear resulting from the perception of danger. (2) “Coerce” means to restrain, compel or dominate by force or threat. (3) “Contact” includes but is not limited to: (a) Coming into the visual or physical presence of the other person; (b) Following the other person; (c) Waiting outside the home, property, place of work or school of the other person or of a member of that person’s family or household; (d) Sending or making written or electronic communications in any form to the other person; (e) Speaking with the other person by any means; (f) Communicating with the other person through a third person; (g) Committing a crime against the other person; (h) Communicating with a third person who has some relationship to the other person with the intent of affecting the third person’s relationship with the other person; (i) Communicating with business entities with the intent of affecting some right or interest of the other person; (j) Damaging the other person’s home, property, place of work or school; (k) Delivering directly or…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 129 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Rangel (Oregon Supreme Court 1999, 328 Or. 294)“…at least two, “contacts” of the kinds set forth in ORS 163.730(3). Several examples of what may consti…”
- Delgado v. Souders (Oregon Supreme Court 2002, 334 Or. 122)“…t may include, but is not limited to, all contact fisted in ORS 163.730. The petition and the temporary order s…”
- Hanzo v. dePARRIE (Court of Appeals of Oregon 1998, 152 Or. App. 525)“…from contacting her in nine of the eleven ways described in ORS 163.730(3). 10 See ORS 163.730 (definitions…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Oregon Revised Statutes, Chapter 166
§ 166.255Possession of firearm or ammunition by certain persons prohibitedIn force
(1) It is unlawful for a person to knowingly possess a firearm or ammunition if: (a) The person is the subject of a court order that: (A)(i) Was issued or continued after a hearing for which the person had actual notice and during the course of which the person had an opportunity to be heard; or (ii) Was issued, continued or remains in effect, by order or operation of law, after the person received notice of the opportunity to request a hearing in which to be heard on the order, and either requested a hearing but did not attend the hearing or withdrew the request before the hearing occurred, or did not request a hearing during the time period in which the opportunity was available; (B) Restrains the person from stalking, intimidating, molesting or menacing a family or household member of the person, a child of a family or household member of the person or a child of the person; and (C) Includes a finding that the person represents a credible threat to the physical safety of a family or household member of the person, a child of a family or household member of the person or a child of the person; (b) The person has been convicted of a qualifying misdemeanor…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Eggers (Oregon Supreme Court 2024, 372 Or. 789)“…791 JAMES, J. ORS 166.255 provides, in part, that “it is unlawful…”
- State v. Lane (Court of Appeals of Oregon 2024, 336 Or. App. 634)“…it defendant from possessing firearms or ammu- nition under ORS 166.255, which provides, in part, that “[i]t is…”
- State v. Mullin (Oregon Supreme Court 2024, 372 Or. 809)“…meanor” under the unlawful possession of a firearm statute, ORS 166.255. The Court of Appeals in this case conc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 166.256Relinquishment of firearm upon person becoming subject to certain court ordersIn force
(1)(a) When a respondent becomes subject to an order described in ORS 166.255 (1)(a) prohibiting the respondent from possessing firearms or ammunition, the court shall: (A) Indicate in the order that the respondent is prohibited from possessing firearms and ammunition under ORS 166.250 and 166.255 while the order is in effect. (B) Ensure that the respondent is subject to an additional order: (i) Requiring the respondent to transfer all firearms and ammunition in the respondent’s possession in accordance with subsection (2) of this section; and (ii) Requiring the respondent to file a declaration as described in subsection (4) of this section. (b) If the respondent becomes subject to the order while the respondent is present in court, the court shall: (A) Inform the respondent, orally and in writing, that the respondent is prohibited from possessing firearms and ammunition; (B) Order in writing that the respondent transfer all firearms and ammunition in the respondent’s possession in accordance with subsection (2) of this section; and (C) Order that the respondent file a declaration as described in subsection (4) of this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Hamilton (Court of Appeals of Oregon 2026, 349 Or. App. 497)“…party who does not reside with the person within 24 hours. ORS 166.256(2)(a), 166.259(2)(a). Similarly, person…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 72 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Opinions citing this section in our collection:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
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Sources and References
- ORS 107.700 to 107.735 - Family Abuse Prevention Act (FAPA)(courts.oregon.gov).gov
- ORS 163.730 - Stalking Protective Order(oregonlegislature.gov).gov
- ORS 166.255 - Firearms Prohibition Under Protective Order(oregonlegislature.gov).gov
- ORS 107.705 (definitions), 107.726 (standing of a person under 18) and 107.728 (where to file a FAPA petition)(oregonlegislature.gov)