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GUN LAWS  

Oregon Gun Laws

Wednesday, November 12, 2014

STATE CONSTITUTIONAL PROVISION - Article 1, Section 27.

“The people shall have the right to keep and bear arms for the defense of themselves and the state, but the military shall be kept in strict subordination to the civil power.”

Gun Laws Overview

RIFLES & SHOTGUNS HANDGUNS
Permit to Purchase No No
Registration of Firearms No No
Licensing of Owners No No
Permit to Carry No Yes

The list and map below are included as a tool to assist you in validating your information.  We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change.  The information is not intended as legal advice or a restatement of law and does not include:  restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition.  For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.  YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

STATE STATUS
Castle Doctrine No Law
No-Net Loss No Legislation
Right to Carry Confidentiality Provisions Enacted
Right to Carry in Restaurants Legal
Right To Carry Laws Shall Issue
Right To Carry Reciprocity and Recognition None
Right to Keep & Bear Arms State Constitutional Provisions With Provisions
Concealed Carry Reciprocity
Select Map
Click on a State to see the Gun Law Profile

 

Laws on Purchase, Possession and Carrying of Firearms

Purchase

A resident of this state may purchase or otherwise obtain a rifle or shotgun in a contiguous state (California, Idaho, Nevada or Washington) and receive in this state or transport into this state such rifle or shotgun, unless the purchase or transfer violates the law of this state, the state in which the purchase or transfer is made or the United States.

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It is unlawful to sell, deliver, or transfer any firearm to:

  • a minor under the age of 18;
  • a convicted felon, who has not had his civil rights restored;
  • a person who has been convicted of a misdemeanor involving violence or found guilty, except for insanity, within the previous four years;
  • a person listed in the Health Division Registry;
  • a person who has been committed to the Dept. of Human Services;
  • a person who has any outstanding felony warrants for arrest;
  • a person who is free on any form of pretrial release for a felony.

Paragraph 2 does not prohibit the temporary transfer of any firearm to a minor for any lawful purpose, including hunting and target shooting. A parent, guardian, or other person with the consent of a parent or guardian may transfer a rifle or shotgun to a minor.

All dealers, pawnbrokers or otherwise must keep a record of every handgun sold. This record shall contain the time, date and place of the sale or trade, the name of the salesperson making the sale or trade, the make, model and manufacturer's number on the handgun. The purchaser must sign his name and affix his address to the register. Thumbprints are taken. The purchaser must present clear evidence of his identity.

A copy of the record must be mailed to the local police and state police on the day of the sale for a record check.

A gun dealer shall request by telephone that the Dept. of State Police conduct a criminal history record check on the purchaser. The Dept. of State Police shall immediately or by return call determine whether the purchaser is qualified to complete the purchase. The fee for the criminal history record check may not exceed $10. The handgun must be unloaded when delivered.

Any person who transfers a firearm at a gun show is required to request a criminal background check before completing the transfer.  Any person who transfers a firearm at any location other than a gun show may voluntarily request a criminal background check before completing the transfer.

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Possession

There are no permits for possessing shotguns, rifles, or handguns.

It is unlawful for a felon to possess any firearm except: 

  • if the offense was declared to be a misdemeanor, at the time of judgment, by the court;
  • if the offense was for possession of marijuana and the conviction was prior to January 1, 1972;
  • if the person was convicted of only one felony under the laws of Oregon or another state, or under U.S. law, and it did not involve criminal homicide, or the possession or use of a firearm or switchblade knife, provided the person was discharged from imprisonment, parole or probation fifteen years before;* 
  • where the individual has been granted relief from the disability under Oregon or Federal law, or the person's record has been expunged.

*It is strongly encouraged that you consult with a licensed attorney prior to possession if you believe that you qualify for this exception.

Carry

It is unlawful to carry concealed upon the person or concealed about one's person in a vehicle any firearm unless one has a license to carry a concealed weapon.

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Exceptions to the above prohibition are: 

  • persons possessing a handgun at their home or place of business;
  • organizations, which are by law, authorized to purchase or receive weapons from the United States;
  • policemen and law enforcement personnel, whether active or honorably retired;
  • military personnel when on active or reserve duty;
  • members of a shooting club while at a range or going to and from a range;
  • licensed hunters or fishermen, while engaged in hunting or fishing or going to and from a hunting or fishing expedition;
  • merchants transporting or possessing firearms as merchandise;
  • duly authorized military or civil organizations while parading or traveling to a meeting of their organization;
  • corrections officer while transporting convict.

Firearms carried openly in belt holsters are not considered to be concealed.

Application for a license to carry a concealed weapon is made to the sheriff of a county who shall take fingerprints and a photograph and shall issue the person within 45 days of application a concealed handgun license if the person:

  • is a citizen of the U.S., or a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the Immigration and Naturalization Service the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license;
  • is at least 21 years of age;
  • has a principal residence in the county in which the application is made;
  • has no outstanding warrants for arrest;
  • is not free on any form of pretrial release;
  • demonstrates competence with a handgun by one of the prescribed handgun safety programs, or can certify training in the armed forces, or has a license already;
  • has never been convicted or found guilty of a felony, except for insanity;
  • has not been convicted of or found guilty, except for insanity, of a misdemeanor, within the last four years;
  • has not been committed to the Mental Health and Developmental Disability Services Division;
  • has not been found to be mentally ill and is not subject to an order that the person be prohibited from purchasing or possessing a firearm;
  • has been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, the person was found to be within the jurisdiction of the juvenile court for having committed an act, if committed by an adult, would constitute a felony or a misdemeanor involving violence;
  • has not been cited for stalking, or under a protective order.

The license is valid for four years; issuance and renewal fee is $50. There is a $15 fee to the Dept. of State Police for taking fingerprints. There is a $15 fee for duplication of a license because of loss or change of address. If the application for the concealed handgun license is denied, revoked, or not renewed a person may petition the circuit court in the petitioner's county of residence to review the denial, non-renewal or revocation. The petition must be filed within 30 days after the receipt of the notice of denial or revocation.

No civil or criminal liability shall attach to the authority issuing, receiving or investigating an application.

It is unlawful to possess a loaded firearm in a snowmobile.

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Antiques and Replicas

Antique firearm includes any firearm manufactured in or before 1898, any replica of such firearm not designed or redesigned for fixed ammunition, or a replica that uses fixed ammunition that is no longer manufactured in the U.S. and not readily available in ordinary channels of commercial trade.

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While generally by definition, firearms laws do not apply to antique firearms, in Oregon those prohibited from possession of firearms, are expressly prohibited from possession of antique firearms.

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Machine Guns

It is lawful to possess a machine gun provided it is registered in conformity with federal law and if the person has in the person's immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is registered under federal law.

Preemption

OR. REV. STAT. ANN. §166.170 (2011)
Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

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OR. REV. STAT. ANN. §166.170 (2011)

166.170. State preemption. 

 

   (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

(2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void.

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Range Protection

OR. REV. STAT. ANN. §467. 131 (2012)
Any owner, operator or lessee of a rifle, pistol, silhouette, skeet, trap, blackpowder or other shooting range in this state shall be immune from civil or criminal liability based upon an allegation of noise or noise pollution so long as

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OR. REV. STAT. ANN. §467. 131 (2012)

§467. 131. Civil or criminal liability exemptions, noise from shooting range

Any owner, operator or lessee of a rifle, pistol, silhouette, skeet, trap, blackpowder or other shooting range in this state shall be immune from civil or criminal liability based upon an allegation of noise or noise pollution so long as:

(1) The allegation results from the normal and accepted activity on the shooting range;

(2) The owner, operator or lessee complied with any applicable noise control law or ordinance existing at the time construction of the shooting range began or no noise control law or ordinance was then existing; and

(3) The allegation results from activity on the shooting range occurring between 7 a.m. and 10 p.m. or conducted for law enforcement training purposes.

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Miscellaneous

It is unlawful to set any loaded spring gun, except for the purpose of destroying gophers, moles and other burrowing rodents.

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It is unlawful to intentionally change, alter, remove or obliterate the serial number or identification number on any handgun. Possession of a handgun with its marks altered, removed or obliterated creates a legal presumption that the possessor committed the offense.

It is unlawful to discharge any firearm or air rifle upon or across any public road or railway right of way or upon or across the ocean shores within the state recreation areas.    It is unlawful to purposefully point any loaded or empty firearm toward any other person within the weapon's range except in self-defense.

It is unlawful to possess a firearm loaded or unloaded in a public building. "Public building" means a hospital, capitol building, a public or private school, college or university, a courthouse, city hall, or residence of any state official and the grounds adjacent to each such building.  This restriction does not apply to individuals licensed under Oregon law to carry concealed weapons.

No county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition.

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.