Oregon

The sheriff of a county, upon a person's application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person:

1. Is a citizen of the United States; or a legal resident noncitizen who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status
2. Is at least 21 years of age;
3. Is a resident of the county;
4. Has no outstanding warrants for arrest;
5. Is not free on any form of pretrial release;
6. Demonstrates competence with a handgun
7. Has never been convicted of a felony
8. Has not been convicted of a misdemeanor within the four years prior to the application
9. Has not been committed to the Oregon Health Authority under ORS 426.130;
10. Has not been found to be a person with mental illness
11. 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 that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470;
12. Has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program
13. Is not subject to a citation issued under ORS 163.735 or an order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
14. Has not received a dishonorable discharge from the Armed Forces of the United States;
15. Is not required to register as a sex offender in any state; and
16. Is not presently subject to an order under ORS 426.133 prohibiting the person from purchasing or possessing a firearm.

ORS § 166.291 (1)

OR License Training Requirements:

Any of the following will satisfy the requirement to demonstrate competence with a firearm:

1. Completion of any hunter education or hunter safety course approved by the State Department of Fish and Wildlife or a similar agency of another state if handgun safety was a component of the course;
2. Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course;
3. Completion of any firearms safety or training course or class available to the general public offered by law enforcement, community college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or a law enforcement agency if handgun safety was a component of the course;
4. Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, reserve law enforcement officers or any other law enforcement officers if handgun safety was a component of the course;
5. Presents evidence of equivalent experience with a handgun through participation in organized shooting competition or military service;
6. Is licensed or has been licensed to carry a firearm in this state, unless the license has been revoked; or
7. Completion of any firearms training or safety course or class conducted by a firearms instructor certified by a law enforcement agency or the National Rifle Association if handgun safety was a component of the course;

ORS § 166.291 (1) (f)

OR License Application Process:

What to Take to the Sheriff’s Office:

1. A photocopy of the “Certificate of Completion” for this Legal Heat course
2. Completed Oregon CHL application (each County will have their own application)
3. Application fee
4. Be prepared to potentially provide 2 character witnesses (name, address, city/state, and zip).
5. All applicants must provide proof of citizenship. New applicants must provide two pieces of current identification. One ID must bear a photograph of the applicant.

Fees:

• New Application - $115.00
• Renewal License - $75.00
• Transfer Fee - $30.00
• Transfer and Renewal - $90.00
• Address Change and Replacement - $15.00

ORS § 166.291 (2)

Oregon is not a permitless-carry state.

Oregon law:

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.

ORS § 166.170

Counties may regulate the discharge of firearms within their boundaries.

1. A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries.
2. Ordinances adopted under subsection (1) of this section may not apply to or affect:
   1. A person discharging a firearm in the lawful defense of person or property.
   2. A person discharging a firearm in the course of lawful hunting.
   3. A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger adjacent persons or property.
   4. A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.
   5. A person discharging a firearm in the course of target shooting on public land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property.
   6. An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife.

ORS § 166.171

Oregon Preemption Exception:

1. Nothing in ORS 166.170 or 166.171 is intended to preempt, invalidate or in any way affect the operation of any provision of a county ordinance that was in effect on November 2, 1995, to the extent that the provision:
   1. Established a procedure for regulating, restricting or prohibiting the discharge of firearms; or
   2. Regulated, restricted or prohibited the discharge of firearms.
2. Subsection (1) of this section does not apply to:
   1. Ordinances regulating, restricting or prohibiting the discharge of firearms on a shooting range or in a shooting gallery or other area designed and built for the purpose of target shooting.
   2. An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife.

ORS § 166.176

Oregon law:

In Oregon, virtually all firearm transfers between unlicensed persons (non-dealers) must be processed by a licensed firearms dealer, subjecting the prospective purchaser to a background check.

Private party sales of any firearms must be done through a federally licensed firearm dealer.

At gun shows, Oregon law allows a transferor who is not a licensed dealer to contact the Department of State Police directly to conduct the background check.

2015 OR S 941, Sect. 2 (2) & (3) and Or. Rev. Stat. § 166.436

Oregon has no laws restricting the ammunition capacity of magazines.

Firearms are not allowed in the following locations:

1. Court Facilities (Or. Rev. Stat. §166.370) “Court facility” means a courthouse or that portion of any other building occupied by a circuit court, the Court of Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel related to the operations of those courts, or in which activities related to the operations of those courts take place. (Or. Rev. Stat. § 166.360)
2. The Capitol, the State Office Building, the State Library Building, the Labor and Industries Building, the State Transportation Building, the Agriculture Building or the Public Service Building and includes any new buildings which may be constructed on the same grounds as an addition to this group of buildings. (OR ST 166.370)
3. Within the passenger terminal of a commercial service airport with over one million passenger boardings per year (unless the firearm is unloaded and in a locked hard-sided container for the purposes of transporting the firearm as checked baggage). (OR ST 166.370)
4. Correctional facilities (Or. Admin. R. 291-016-0030(5))
5. Certified childcare centers. (Or. Admin. R. 414-300-0170(1)(k))
6. Racecourses (Or. Admin. R. 462-130-0010(1)(w))
7. Schools (Or. Rev. Stat. §166.370, see next slide for exceptions)
8. Property of Oregon Commission for the Blind, including vehicles (Or. Admin. R. 585-001-0010(1)(c))
9. On property owned or controlled by the Oregon State Fair and Exposition Center (Or. Admin. R. 736-201-0060(1)(d)); (Potentially does not apply to permit holders, see Or. Admin. R. 736-201-0060(2)(a))

Oregon Schools

Oregon defines a “Public building” as a  hospital, a capitol building, a public or private school, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined by a city, a county, a district as defined in ORS 198.010 or any other entity that falls within the definition of “municipal corporation” in ORS 297.405, other than a court facility.; or the passenger terminal of a commercial service airport with over one million passenger boardings per year.

Oregon law exempts “A person who is licensed to carry a concealed handgun” from the prohibition against carrying a firearm in some public buildings (excluding the Capitol buildings, airports and schools who enact policies).

Additionally, firearms may be possessed on school property if they are:

• possessed by a person who is not otherwise prohibited from possessing the firearm; and
• the firearm is unloaded and locked in a motor vehicle

ORS § 166.370 (3) (g)

Oregon Public Buildings

Oregon Code Section 166.370(3)(d) allows a person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun to carry in some public buildings (hospitals, some municipal buildings, etc).

However, ORS 166.380 states that:

"A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm. Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310."

No exemption is given for permit holders to this requirement and its exact applicability to permit holders is unknown. As it appears to our reading, a permit holder, while in a public building, may be required to maintain the firearm "unloaded" or at least submit to an inspection of the firearm when asked by a peace officer therein.

We encourage individual due diligence in determining how the firearm must be carried into a “public building”.

ORS § 166.380

Colleges and Universities

The governing board of a public university, the Oregon Health and Science University Board of Directors, or the governing board of a community college or a district school board may adopt a policy providing that the affirmative defense described in ORS 166.370 (3)(g), concerning persons licensed to carry a concealed handgun under ORS 166.291 and 166.292, does not apply to the possession of firearms on the grounds of the schools controlled by the board.

A board that adopts a policy under this section shall:

• Post a clearly visible sign, at all normal points of entry to the school grounds subject to the policy described in subsection (1) of this section, indicating that the affirmative defense described in ORS 166.370 (3)(g) does not apply.
• Post a notice on the board's website identifying all school grounds subject to the policy described in subsection (1) of this section.

Note: In function this law allows a college, university or school board to prohibit the possession of firearms by carry license holders. These will be enacted on a location specific basis and will be difficult to track. Use caution.

OR LEGIS 146 (2021), 2021 Oregon Laws Ch. 146 (S.B. 554)

Oregon law: Written in 1857, the Oregon Constitution protects the right to keep and bear arms in no uncertain terms. Although concealed carry was regulated in 1885, open carry remains generally unregulated. Anyone over the age of 18 (who may lawfully possess a handgun) may openly carry such handgun in Oregon. However, those without a license are subject to substantially more restrictions than those with a license.

In Oregon, no-weapons signs do not have the force of law.

Oregon law does not address the topic of carrying a firearm while under the influence of alcohol. However, carrying a firearm under the influence of alcohol poses a significant danger to both the individual carrying the firearm and to others in their vicinity by impairing:

1. Judgment
2. Motor Skills
3. Inhibitions
4. Risk Assessment

It is extremely important for firearm owners to understand and adhere to the responsibility that comes with firearm ownership, including abstaining from alcohol consumption while in possession of a firearm.

Oregon law does not address the issue of transporting a firearm in a vehicle.

Oregon law:

1. An owner or possessor of a firearm shall, at all times that the firearm is not carried by or under the control of the owner, possessor or authorized person, secure the firearm:
   1. With an engaged trigger or cable lock;
   2. In a locked container; or
   3. In a gun room.
2. For purposes of paragraph (a) of this subsection, a firearm is not secured if:
   1. A key or combination to the trigger or cable lock or the container is readily available to a person the owner or possessor has not authorized to carry or control the firearm.
   2. The firearm is a handgun, is left unattended in a vehicle and is within view of persons outside the vehicle.

ORS § 166.395

Failure of a person who carries a concealed handgun also to carry a concealed handgun license is prima facie evidence that the person does not have such a license.

ORS § 166.292 (2)

Oregon does not have Emergency Risk Orders ("Red Flag Laws).

Oregon Use of Force Law:

Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose.

ORS § 161.209

Oregon Use of Deadly Force Law

Notwithstanding the provisions of ORS 161.209, 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.

ORS § 161.219

Oregon does not have a law specific to the defense of others, but does allow for the defense of a third person in its defense-of-person law.

Oregon law:

A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate what the person reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon the premises.

• A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only:
  1. In defense of a person as provided in ORS 161.219; or
  2. When the person reasonably believes it necessary to prevent the commission of arson or a felony by force and violence by the trespasser.
• As used in subsection (1) and subsection (2)(a) of this section, "premises" includes any building as defined in ORS 164.205 and any real property. As used in subsection (2)(b) of this section, "premises" includes any building.

ORS § 161.225

A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief of property.

ORS § 161.229

Oregon does not have any laws specifically related to self-defense immunity.

Oregon has no duty for a defendant to retreat before exercising self-defense.

A person is not justified in using physical force upon another person if:

1. With intent to cause physical injury or death to another person, the person provokes the use of unlawful physical force by that person.
2. The person is the initial aggressor, except that the use of physical force upon another person under such circumstances is justifiable if the person withdraws from the encounter and effectively communicates to the other person the intent to do so, but the latter nevertheless continues or threatens to continue the use of unlawful physical force.
3. The physical force involved is the product of a combat by agreement not specifically authorized by law.
4. The person would not have used physical force but for the discovery of the other person's actual or perceived gender, gender identity, gender expression or sexual orientation.

ORS § 161.215

Oregon Measure 114 was approved by a ballot initiative on November 8, 2022. The Measure does the following:

• Requires permits issued by local law enforcement to buy a firearm;
• Requires photo ID, fingerprints, safety training, criminal background check, and fee payment to apply for a permit; and
• Prohibits manufacturing, importing, purchasing, selling, possessing, using, or transferring ammunition magazines capable of holding more than 10 rounds and make violations a class A misdemeanor.

The law was supposed to take effect on December 8, 2022. However, there are currently two primary court cases challenging the enactment of the law; one in state court and one in federal court. Due to those cases, enactment of the law has been delayed. Depending on the outcome of those cases all, part, or none of the law will take effect.

When/if Measure 114 takes effect, everyone in Oregon will need to complete a training course on firearm safety/law, including an in-person demonstration of the student’s "ability to lock, load, unload, fire and store a firearm.”

2022 Oregon Laws Ballot Measure 114 (I.P. 17)

Pointing Firearm at Another Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both. Justice courts have jurisdiction concurrent with the circuit court of the trial of violations of this section. When any person is charged before a justice court with violation of this section, the court shall, upon motion of the district attorney, at any time before trial, act as a committing magistrate, and if probable cause be established, hold such person to the grand jury.

ORS § 166.190