Gun laws in Oregon
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Gun laws in Oregon regulate the manufacture, sale, possession, and use of firearms and ammunition in the state of Oregon in the United States.
In the November 8, 2022 general election, voters approved Oregon Ballot Measure 114, with about 50.6% voting in favor and 49.4% opposed.[1] The measure creates a new permit that would be required to purchase or acquire a firearm. County sheriffs would accept permit applications, and the state police would conduct background checks, which would be stricter than the current checks.[2] Applicants would need to complete an approved training course, submit fingerprints, and pay a $65 fee. Additionally, the ballot measure bans the sale, transfer, or importation of magazines that can hold more than ten rounds of ammunition.[3] There have been a number of legal challenges to these provisions, and several judicial rulings have blocked the implementation of Ballot Measure 114 for now.[4][5]
| Subject / law | Long guns | Handguns | Relevant statutes | Notes |
|---|---|---|---|---|
| State permit required to purchase? | No | No | Oregon Ballot Measure 114 | Ballot Measure 114 instituted a requirement for a permit to purchase. Due to litigation the revised law is not currently in effect. |
| Firearm registration? | No | No | ORS 166.412(7)(a) | The Oregon State Police maintain a record of firearms sales from FFL holders for a period of 5 years, after which the records are destroyed. |
| Owner license required? | No | No | ||
| Minimum age to purchase firearms. | 18 | 21[6] | ORS 166.470 | Oregon law prohibits any person from intentionally selling, delivering, or otherwise transferring any firearm to anyone under 18 years of age (ORS 166.470(1)(a)), except:
|
| Minors allowed to possess firearms? | Yes, with exceptions | Yes, with exceptions | ORS 166.250 | Minors may:
|
| Assault weapon ban? | No | No | --- | No Oregon state laws define or regulate assault weapons.
Some local counties have adopted Second Amendment sanctuary resolutions regardless.[7] |
| License required for concealed carry? | Yes | Yes | ORS 166.291 | Oregon is a "shall-issue" state for residents. Technically sheriffs "may issue" licenses to non-residents of contiguous states; however, in practice most county sheriffs either adopt very restrictive criteria for issuance to non-residents or simply refuse to issue licenses. Carrying of a concealed firearm is prohibited by ORS 166.250, however holders of a valid Concealed Handgun License are exempt from this law. (see ORS 166.260).
As of 2021, campus carry is left up each university to decide.[8] Prior to that, a 2011 Oregon Court of Appeals ruling stated that public universities did not have the authority to prohibit firearms on their grounds, but could still prohibit them inside buildings. |
| License required for open carry? | No | No | Or. Const. Art. I § 27 ORS 166.250(3) | Open carry of firearms is legal statewide without a permit.
However, Oregon law allows a city or county to regulate open carry of loaded firearms in public places, but holders of concealed carry permits are exempt. (ORS 166.173) The cities of Portland,[9] Beaverton,[10] Tigard,[11] Oregon City,[12] Salem,[13] and Independence,[14] as well as Multnomah County,[15] have statutes which do not allow open carry of loaded firearms (unless one has a concealed carry permit). |
| State preemption of local restrictions? | Yes | Yes | Or. Const. Art. I § 27 ORS 166.170 | The authority to regulate the sale, acquisition, transfer, ownership, possession, storage, transportation, or use of firearms or any element relating to firearms and firearm components, including ammunition, is vested solely in the State Legislative Assembly. |
| NFA weapons restricted? | No | No | ORS 166.272 | Possession of NFA restricted firearms and non-firearm items is legal, but owners must comply with the NFA regulations. (ORS 166.272(3)) |
| Peaceable journey laws? | Yes | Yes | --- | The State of Oregon recognizes federal law, Title 18 U.S. Code § 926A |
| Background checks required for private sales? | Yes | Yes | ORS 166.435 | Private party firearm transfers must be conducted through a licensed firearm dealer while both parties are present. The dealer is required by federal law to conduct a background check and keep a record of the sale. Transfers between family members (spouse, parent/stepparent, child/stepchild, sibling, grandparent, grandchild, aunt/uncle, first cousin, niece/nephew, spouse of any of the above) are exempt. |
| Red flag law? | Yes | Yes | Or. Law Chp. 737 (2017) | If a person appears to be in imminent danger of hurting themselves or another person, a police officer or a member of the person's family or household may petition the court for a one-year order that would prohibit the person from possessing a deadly weapon. |
| High capacity magazine ban | No | No | Oregon Ballot Measure 114 | Ballot Measure 114 bans the sale, transfer, or importation of magazines that can hold more than ten rounds of ammunition. Possession of such magazines remains legal, with some restrictions. Due to litigation the new law is not currently in effect. |
Concealed and open carry
Oregon is a shall-issue concealed-carry state.[16] and is notable for having very few restrictions on where a concealed firearm may be carried.[17] Oregon also has statewide preemption for its concealed-carry laws—with limited exceptions, counties and cities cannot place limits on the ability of people to carry concealed weapons beyond those provided by state law.[18]
There is one possible exception to the "shall issue" state. The concealed-carry license is issued by each county's sheriff, and is valid statewide. The sheriff is given personal discretion if that sheriff "has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others." There is no pure definition of what that reason must be. For instance it might be a statement from another law enforcement officer about an individual, and that statement might come from personal acquaintance. The burden, and perhaps the right to recover damages would then be on the applicant.[19]
There is no reciprocity with other states' concealed handgun licenses. Individuals wanting to carry a concealed handgun in Oregon will need an Oregon Concealed Handgun License.[20] Though both residents and non-residents are allowed to open carry a handgun in Oregon without a permit.
Oregon is also an open-carry state with no permit being required to carry openly,[21] but cities and counties are free to limit public possession of loaded firearms by individuals who do not have an Oregon Concealed Handgun License, those who do are exempt and allowed to open carry in these places.[22] The cities of Portland, Beaverton, Tigard, Oregon City, Salem, and Independence, as well as Multnomah County[23] have banned loaded firearms in all public places for those without a license.[24]