Oregon

Get the latest information on Oregon firearm law

Quick Reference

No

Magazine Capacity Restrictions

No

Constitutional (Permitless) Carry Allowed

No

Red Flag Laws

Yes

Carry in Alcohol Establishments Allowed

Yes

Open Carry Allowed

No

No Weapons Signs Enforced by Law

Yes

NFA Weapons Allowed

No

Duty to Retreat

No Duty to Inform

Duty to Inform Law Enforcement

Yes

"Universal" Background Checks Required

Table of Contents

State Law Summary

Constitution of the State of Oregon -Or. Const. Art. I, § 27
"The people shall have the right to bear arms for the defense of themselves."

Oregon's firearm law history has evolved through a combination of legislative changes and significant legal rulings, reflecting the state's complex relationship with gun rights. In 1988, Oregon passed its first concealed carry law, which required individuals to obtain a permit after demonstrating competence with firearms. This marked a significant step in recognizing the rights of gun owners in the state. In 2015, the Oregon Supreme Court case Oregon Firearms Federation v. Brown upheld the rights of individuals to carry firearms in public, reinforcing the legal framework supporting gun ownership. However, the passage of Measure 114 in 2022 introduced new regulations, including background checks for ammunition purchases and restrictions on magazine capacity, which sparked debate and legal challenges. Overall, Oregon's firearm laws reflect the state's dynamic approach to gun ownership.

Permit Eligibility, Training and Application Process

Oregon's history of concealed handgun licensing began with the enactment of the state's concealed carry law in 1988, which established a permit system requiring applicants to demonstrate competence with firearms and undergo a background check. This legislation marked a significant advancement in recognizing the rights of individuals to carry concealed firearms. In 2015, Oregon made notable changes to the law by allowing counties to implement more stringent requirements for issuing permits, reflecting local governance in the regulation of firearm ownership. Additionally, in 2022, the passage of Measure 114 introduced new requirements, including a permitting process for purchasing firearms and background checks for ammunition, leading to considerable public debate and legal challenges.

Oregon License Eligibility:

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.

OR Rev. Stat. § 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;

OR Rev. Stat. § 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

OR Rev. Stat. § 166.291 (3)


Renewal Application Process:
(1) Renewal of License
(a) A concealed handgun license is renewable by repeating the procedures set out in ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing), except for the requirement to submit fingerprints and provide character references. A licensee may submit the application for renewal by mail if the licensee:
(A) Is an active member of the Armed Forces of the United States, the National Guard of the United States or the Oregon National Guard; and
(B) Submits with the application proof of the licensee’s military orders and a copy of the licensee’s military identification.
(b) An otherwise expired concealed handgun license continues to be valid for up to 45 days after the licensee applies for renewal if:
(A) The licensee applies for renewal before the original license expires;
(B) The licensee has proof of the application for renewal; and
(C) The application for renewal has not been denied.
(2) If a licensee changes residence, the licensee shall report the change of address and the sheriff shall issue a new license as a duplication for a change of address. The license shall expire upon the same date as would the original. [1989 c.839 §10; 1993 c.735 §7; 2007 c.368 §4]
OR Rev. Stat. § 166.295

Renewal License Application Fee - $75.00 (ORS § 166.291(5)(a)(C))
Where to Apply: Applicant’s local county sheriff office
What to Include with Application: A concealed handgun license is renewable by repeating the procedures set out in ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing), except for the requirement to submit fingerprints and provide character references.

Permitless Carry Law

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.

Oregon is not a permitless-carry state.

Reciprocity Agreements

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes an Oregon Permit or does not require a license
Recognizes Oregon Resident Permit only
Does not recognize an Oregon Permit
Permitless Carry State

State Preemption Laws

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.

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

Purchase/Transfer Laws

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.

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

Firearm Classification and Accessory Restrictions

Section 166.272. Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers.
(1) A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or
firearms silencer if the person knowingly possesses any machine gun, short-barreled rifle, short-barreled shotgun or
firearms silencer.
(2) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B
felony.
(3) A peace officer may not arrest or charge a person for violating subsection (1) of this section 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 as required under federal law.
(4) It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer was registered as required under federal law.

ORS § 166.272

Magazine Capacity Restrictions

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.

Oregon has no laws restricting the ammunition capacity of magazines.

Prohibited Areas - Where Firearms Are Prohibited Under State law

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.

Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.

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

Or. Rev. Stat. § 166.370 (3) (j)

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, Or. Rev. Stat. § 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”.

Or. Rev. Stat. § 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)

Methods of Carry - Open Carry Laws

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.

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.

A person commits the crime of unlawful possession of a firearm if the person knowingly...Carries any firearm concealed upon the person...Firearms carried openly in belt holsters are not concealed within the meaning of this section Or. Rev. Stat. Ann. § 166.250It is "not unlawful for a person to carry a firearm openly in a belt holster, whether or not the person is riding in a motor vehicle." State v. Fisher, 785 P.2d 369, 370 (Or. App. 1990).

No Weapons Signs

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.

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

Controlled Substance/Alcohol Laws

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)

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.

Vehicle and Transport Laws

Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.

Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.

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

Storage Requirements

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.

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

Other Weapons Restrictions

OR Rev. Stat. § 166.382. Possession of destructive device prohibited; exceptions. (1) A person commits the crime of unlawful possession of a destructive device if the person possesses: (a) Any of the following devices with an explosive, incendiary or poison gas component: (A) Bomb; (B) Grenade; (C) Rocket having a propellant charge of more than 4 ounces; (D) Missile having an explosive or incendiary charge of more than one-quarter ounce; or (E) Mine; or (b) Any combination of parts either designed or intended for use in converting any device into any destructive device described in paragraph (a) of this subsection and from which a destructive device may be readily assembled.

Police Encounter Laws

Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.

In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.

The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.

Oregon is a No-Duty-To-Inform state, which means you are not required to affirmatively tell a police officer if you have a firearm.

However, you must carry your Concealed Handgun License with you at all times that you are carrying a concealed handgun.

Oregon Law:

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.

OR Rev. Stat. § 166.292 (2)

Stop & Identify Law:
(1) A peace officer who reasonably suspects that a person has committed or is about to commit a crime may stop the person and, after informing the person that the peace officer is a peace officer, make a reasonable inquiry.
(2) The detention and inquiry shall be conducted in the vicinity of the stop and for no longer than a reasonable time.
(3) The inquiry shall be considered reasonable if it is limited to:
(a)The immediate circumstances that aroused the officer’s suspicion;
(b)Other circumstances arising during the course of the detention and inquiry that give rise to a reasonable suspicion of criminal activity; and
(c) Ensuring the safety of the officer, the person stopped or other persons present, including an inquiry regarding the presence of weapons.
(4) The inquiry may include a request for consent to search in relation to the circumstances specified in subsection (3) of this section or to search for items of evidence otherwise subject to search or seizure under ORS 133.535 (Permissible objects of search and seizure).
(5) A peace officer making a stop may use the degree of force reasonably necessary to make the stop and ensure the safety of the peace officer, the person stopped or other persons who are present. [1973 c.836 §31; 1997 c.866 §1]

OR Rev. Stat. § 131.615

Red Flag or Emergency Risk Orders

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.

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

Use of Force in Defense of Person

The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state 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

Use of Force in Defense of Others

Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.

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.

Use of Force in Defense of Habitation

The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.

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

Use of Force in Defense of Property

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.

Oregon Law:

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

Self-Defense Immunity

To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.

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

Duty to Retreat

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.

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

Self-Defense Limitations

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.

OR Rev. Stat. § 161.215

Use of Force Considerations

The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

(1)(a) A parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person may use reasonable physical force upon such minor or incompetent person when and to the extent the person reasonably believes it necessary to maintain discipline or to promote the welfare of the minor or incompetent person.
(b) Personnel of a public education program, as that term is defined in ORS 339.285 (Definitions for ORS 339.285 to 339.303), may use reasonable physical force upon a student when and to the extent the application of force is consistent with ORS 339.285 (Definitions for ORS 339.285 to 339.303) to 339.303 (Rules for complaints, investigations and seclusion rooms).

(2) Subject to ORS 161.237 (Use of physical force involving pressure on throat or neck by peace officer or corrections officer) and 421.107 (Use of dog for cell extraction prohibited), an authorized official of a jail, prison or correctional facility may use physical force when and to the extent that the official reasonably believes it necessary to maintain order and discipline or as is authorized by law.

(3) A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under the direction of the person, may use physical force when and to the extent that the person reasonably believes it necessary to maintain order, but the person may use deadly physical force only when the person reasonably believes it necessary to prevent death or serious physical injury.

(4) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical self-injury may use physical force upon that person to the extent that the person reasonably believes it necessary to thwart the result.

(5) A person may use physical force upon another person in self-defense or in defending a third person, in defending property, in making an arrest or in preventing an escape, as hereafter prescribed in chapter 743, Oregon Laws 1971. [1971 c.743 §21; 1981 c.246 §1; 2011 c.665 §§10,11; 2013 c.133 §4; 2013 c.267 §4; 2019 c.267 §7; 2019 c.333 §2; 2020 s.s.2 c.3 §2]
Or. Rev. Stat. § 161.205

Use of Force Against Animals

A dog that is a public nuisance may be killed immediately by any person if the dog is off the premises owned or under the control of its owner and kills, wounds, or injures any livestock not belonging to the master of such dog.

Note: "any livestock" does not include chickens located in a public place, on a highway, or within the corporate limits of any city.

This law does not apply to any dog acting under the direction of its master, or the agents or employees of such master.

Or. Rev. Stat. § 609.150

Special Notes

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

Cases to Watch

Prohibited Areas case:
Doe v. Medford School District 549C (2009), Court of Appeals of Oregon
In Doe v. Medford School District, a public school teacher who possessed an Oregon license to carry a concealed handgun challenged a district rule that prohibited her from carrying said handgun on school property while she was working. The teacher argued that ORS 166.170 preempted the district’s rule. ORS 166.170 provides two key things. First, it notes that the authority to regulate the possession of firearms is vested solely in the Oregon Legislature. Second, it provides that local governments are not permitted to enact “civil or criminal ordinances” which restrict the possession of firearms. The teacher argued that the language of ORS 166.170 should be broadly interpreted to prohibit local units of government from regulating whether or not their employees could carry firearms on their person during working hours.

The Oregon Court of Appeals disagreed with the teacher’s assertion, instead concluding that ORS 166.170 is not applicable to internal employment policies rendered by local government officials. The court noted that ORS 166.170 only applies to laws adopted by local government entities, not internal personnel policies.

Controlled Substances & Alcohol case:
State v. Hirsch (2005), Supreme Court of Oregon
In November 1999, while on parole for a prior felony conviction, defendant Hirsch brought a .308 caliber Winchester bolt-action rifle into a gun shop to have it bore-sighted. The police arrested him, and the state charged him with the crime of being a felon in possession of a firearm, ORS 166.270(1). Defendant demurred to the indictment on the ground that ORS 166.270(1) violated Article I, section 27. The trial court overruled the demurrer and, after a bench trial, found defendant guilty of the charged offense. Defendant appealed, and the Court of Appeals affirmed. Hirsch, 177 Or.App. at 449, 34 P.3d 1209.

In May 1999, Deputy Sheriff Summers stopped defendant Friend and arrested him for driving under the influence of intoxicants. Because the police intended to impound defendant's vehicle, Deputy Baimbridge conducted an inventory search. Baimbridge found a .223 caliber bolt-action rifle and several rounds of live ammunition in the vehicle. Defendant admitted to Summers that he owned the rifle and used it for hunting. Defendant was charged with, among other things, the crime of being a felon in possession of a firearm. Defendant demurred to that charge on the ground that ORS 166.270(1) violated Article I, section 27. The trial court overruled that demurrer and, after a bench trial, found defendant guilty of all charges. Defendant appealed his felon in possession of a firearm conviction, and the Court of Appeals affirmed, citing its decision in Hirsch. Friend, 178 Or.App. at 157, 35 P.3d 1105.

Assault & Battery case:
State v. Eggers (2024), Supreme Court of Oregon
The state initially charged defendant by information with fourth-degree assault constituting domestic violence, alleging that he unlawfully and knowingly caused physical injury to his brother. Subsequently, an amended information charged defendant with harassment under ORS 166.065 (1)(a)(A) based on the allegation that defendant “unlawfully and intentionally harass[ed] and annoy[ed] [his brother] by subjecting [him] to offensive physical contact.”1 The state further alleged that “the foregoing crime constituted domestic violence.”2 Defendant pleaded guilty, admitting that “there was a verbal altercation” between defendant and his brother that culminated in defendant reaching into his brother's van and “grabbing” him.

Following the entry of the plea, the trial court asked the parties to state their positions regarding whether the firearms prohibition in ORS 166.255 applied to defendant. ORS 166.255(1)(b) prohibits a person from knowingly possessing a firearm or ammunition, if, as relevant here, that person has been convicted of a “qualifying misdemeanor” and the victim of the offense was a “family or household member” of the convicted person. For purposes of that provision, a “qualifying misdemeanor,” is defined as “a misdemeanor that has, as an element of the offense, the use or attempted use of physical force or the threatened use of a deadly weapon.” ORS 166.255(3)(e).

Self-Defense case:
State v. Sandoval (2007), Supreme Court of Oregon.
Defendant shot and killed his ex-wife's domestic partner, Whitcraft. The two men had a history of combative and sometimes physically violent interactions. The shooting occurred on a road that both men frequently traveled. When the police arrived on the scene, defendant described the following sequence of events: Whitcraft had driven by on the road as defendant was about to turn onto it;  after defendant turned onto the road behind Whitcraft, Whitcraft stopped his truck and backed it into defendant's truck; Whitcraft then turned and aimed a pistol at defendant;  defendant grabbed a rifle that he was carrying in his own vehicle (both men kept guns in their vehicles), opened the door of his truck and fired a single shot at Whitcraft. Investigators determined that the shot had entered Whitcraft's skull behind his left ear, killing him instantly. Police later found Whitcraft's loaded and cocked pistol under Whitcraft's body.

At trial, the state rejected defendant's version of the events and offered evidence that defendant had essentially ambushed Whitcraft-provoking him until he stopped his truck, training a rifle on him until he reached for his gun, and then shooting him in the head. At the close of trial, the court gave a series of jury instructions that were drawn from Uniform Criminal Jury Instructions:
 “A person is justified in using physical force upon another person to defend himself from what he reasonably believes to be the use or imminent use of unlawful physical force. In defending, a person may only use that degree of force which he reasonably believes to be necessary.
“The burden of proof is on the state to prove beyond a reasonable doubt that the defendant did not act in self-defense.

Self-Defense Against Animals case:
State v. Phillips Court of Appeals of Oregon, Jan. 26, 2022 No. A172538
A jury found defendant guilty of first-degree animal abuse under ORS 167.320(1)(a) for shooting a dog. The dog had charged defendant and defendant shot it once in self-defense, and then a second time because, according to defendant, the dog was suffering great pain from the first shot. The animal abuse charge was based on the second shot only; the state did not dispute that the first shot was justified by defendant's need to defend himself from the dog's attack. Defendant properly raised the statutory choice-of-evils defense, ORS 161.200, through pretrial notice, as allowed by ORS 161.055(3). He asserted that the second shot was needed to euthanize the dog because the dog was in great pain from the first shot, and because there were no nearby veterinary clinics. Those facts were sufficient, in his view, to require the trial court to let the jury consider his choice-of-evils defense. The trial court did not allow defendant to present the defense and declined defendant's request to instruct the jury on it.

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