I’ll begin Part 2 with a disclaimer: The purpose of this series is not to offer legal advice if you are involved in a shooting. I’m presenting the statutes to clarify terms and meanings of the Oregon Revised Statutes that involve the use of deadly physical force. Oregon law may be different than the laws in other states. CHL holders, or those that keep a firearm in their home, or place of business should have a thorough understanding of their state laws on the use of deadly physical force.

My personal belief is that this is just as important as practice time on the range. You will need a criminal defense attorney if you are involved in a shooting, and should have one present before you answer any questions.

In Part-1 I presented ORS 161.219. There are actually three statutes involved in the use of physical force, and deadly physical force.

2017 ORS 161.219 Limitations on use of deadly physical force in defense of a person

Notwithstanding the provisions of ORS 161.209 (Use of physical force in defense of a person), a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:

(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or

(2) Committing or attempting to commit a burglary in a dwelling; or

(3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]

In this essay, I’ll start presenting the legal definitions that I’ve highlighted in bold type. I’ve also included links to physical force.

ORS 161.219 is the main purpose of this essay. Reasonable belief is a specific legal term and is defined by statute. Reasonable belief as defined by ORS 161.245 “Reasonable belief” described

(1) For the purposes of ORS 161.235 (Use of physical force in making an arrest or in preventing an escape) and 161.239 (Use of deadly physical force in making an arrest or in preventing an escape), a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which if true would in law constitute an offense. If the believed facts or circumstances would not in law constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of force to make an arrest or to prevent an escape from custody.

(2) A peace officer who is making an arrest is justified in using the physical force prescribed in ORS 161.235 (Use of physical force in making an arrest or in preventing an escape) and 161.239 (Use of deadly physical force in making an arrest or in preventing an escape) unless the arrest is unlawful and is known by the officer to be unlawful. [1971 c.743 §29]

The following statute covers the use of non-deadly physical force.

ORS 161.209 Use of physical force in defense of a person

The following statute basically states that if you provoked the fight you are going to have a problem

ORS 161.215 Limitations on use of physical force in defense of a person

I find the ORS fairly easy to read even if you are not a lawyer. If you belong to a gun club, or a 2nd Amendment advocacy group it might be beneficial to have a criminal defense attorney, preferably one who was a former prosecutor, speak to your group, and answer questions on your state laws. Although police officers have a very good working knowledge of the law they are not attorneys.

Part 1 is here. Part 3 will define offenses.