The Oregon Gun Law Guide
If you’re a gun owner, you have the responsibility of knowing the Oregon gun laws. Oregon is generally considered a generous state when it comes to the selling and purchasing of firearms but it’s always best to know the current laws to protect yourself and the other citizens of the state. In this article we’ll go over in detail the laws involving carrying, owning, and purchasing a firearm and how to keep in compliance with the legal system. With individual states continually trying to improve their laws and safety standards, it’s important to stay on top of the various changes when it comes to firearms.
If you live in the Portland area and need a lawyer for help with Oregon gun laws, click the button below to schedule a free consultation. We’ll give you free advice on your situation. You’re welcome to hire us to represent you or continue looking for an attorney. We’re based in Beaverton and serve the entire Portland area with criminal defense representation. If you’re farther south in other cities like Medford we can recommend attorneys for you there as well.
Oregon Handgun Laws
Concealed carry in Oregon is legal only with an Oregon Concealed Handgun License. You must be at least 21 years of age and demonstrate you are competent with a handgun through an approved firearm training course, organized shooting competition, or military experience.
Oregon Concealed Carry Reciprocity
Reciprocity simply means that your concealed carry permit or license is valid beyond just your issuing state. Essentially, the rights between states are reciprocated. Be mindful that you need to follow the laws of the state which you are carrying and they may be different from your issuing state. Oregon law doesn’t provide reciprocity to CHL holders from any surrounding states, outside of the state of Oregon. This means that you can only legally carry a concealed weapon in Oregon with an Oregon CHL. You also must be a resident of Oregon to apply for a CHL. Because state laws change often, we recommend that Oregon CHL holders confirm reciprocity with any state the holder may be traveling to where they hope to carry concealed.
Oregon Gun Laws Magazine Capacity
Certain states impose a limit on the number of rounds a magazine can hold. It’s considered a crime in these states to purchase, sell, or transfer a magazine of larger size than the law allows.
Can a Felon Be in Possession of a Firearm in Oregon?
As one might expect, you can’t be a convicted felon and possess or own a firearm. There are no exceptions to this rule. If a felon is caught in possession of a firearm, it’s considered a Class C felony and will carry a maximum penalty of 5 years in prison and a hefty $125,000 fine. As a convicted felon, you also aren’t allowed to live with someone who owns or possesses a firearm. Even though the gun may not technically be yours, living in the same residence or household where a firearm is owned is very much the same as you owning one.
Buying a Gun in Oregon
Oregon's Ballot Measure 114, narrowly approved in the November 2022 election, will rank among the most stringent in the nation once implemented.
Measure 114 introduces a permit-to-purchase firearm requirement, including the following conditions:
● Prospective gun buyers must secure a permit.
● An estimated fee of $65 is required.
● Completion of a certified firearms safety course is necessary, at the individual's own cost.
● A photo ID must be provided.
● The buyer must undergo fingerprinting.
● A successful pass of a criminal background check is mandatory.
Does Oregon Have Open Carry Laws?
Because Oregon is an open-carry state, most citizens are allowed to openly carry a firearm without a permit. Oregon doesn’t prohibit the open carrying of handguns or long guns on a person in public. However, certain cities such as Portland and Beaverton prohibit the open carry of a loaded firearm. The state of Oregon typically prohibits the knowing possession of a concealed and accessible handgun within any vehicle unless they have a license to carry a concealed weapon. The Oregon legislature passed a law last year which states that leaving a handgun unattended in a vehicle and within clear view of people outside is a Class A misdemeanor unless you have a concealed carry license.
Oregon also prohibits anyone operating an all-terrain vehicle or snowmobile from possessing a loaded firearm. Those obtaining a concealed handgun permit are exempt from this ruling.
Portland Gun Laws
The city of Portland is able to regulate certain aspects of their gun laws. For example, they can dictate where and how people bring guns and ammunition. While the Oregon Constitution clearly protects the right to bear arms, the Oregon Supreme Court has ruled that right is not ironclad. Public bodies in the state of Oregon can negotiate the manner of possession of firearms but not the mere possession itself. Below is a list of the gun laws specific to the city of Portland:
● Portland city code makes it illegal to carry a loaded firearm in a public space. This includes a vehicle that is on public streets. Violation of this code can land you six months in jail and be accompanied by a $500 fine.
● Unloaded guns can be brought into public spaces but only by their legal owners. Those licensed to carry a concealed firearm can bring a gun anywhere in Portland with the exception of a courthouse or federal property. These concealed weapons may be loaded.
● It’s illegal to fire a gun within Portland city limits. The only exceptions would be in an instance where a person is defending another person or their property, is a police officer, a hunting safety instructor, or someone firing blanks for military ceremonies or athletic contests.
Waiting Period
Oregon does not mandate a waiting period between purchasing and receiving a firearm. However, in 2022, a ballot measure passed by Oregon voters mandates that individuals wishing to purchase or acquire firearms must first secure a permit. This permit remains valid for five years unless revoked. The permit acquisition process typically involves completing a firearm safety training course and passing a comprehensive fingerprint-based background check. Consequently, this permit requirement may effectively act as an implicit waiting period for those without a permit, slowing their immediate access to firearms, particularly during times of crisis.
Oregon Gun Background Checks
According to an Oregon law passed in 2015, all unlicensed or private firearm sellers are required to run a background check on any private or unlicensed gun purchaser. Any prospective guy buyer is also required to undergo a background check before purchasing a gun at a gun show. Federal law requires a background check for purchases from all federally licensed firearm dealers.
Oregon law also strictly prohibits the sale or transfer of a firearm to any person who is known to not legally be allowed to purchase or possess a firearm.
Extreme Risk Protection Orders
An ERPO (Extreme Risk Protection Order) in Oregon is a civil order that allows family or household members along with law enforcement officers to petition courts to prevent a person who poses risk from accessing a deadly weapon for up to one year. This would include a sworn affidavit alleging that the individual poses a risk of suicide or causing physical harm to another person.
The individual in question must have a history of suicide threats or attempts, the use of physical force, a previous conviction, or evidence of unlawful use of a controlled substance. If the court finds that the petitioner has convincing evidence, they will issue an ERPO to prevent the person from having his or her own gun or deadly weapon.
If the respondent chooses to contest the ERPO, they have 30 days from being served with the order to request a hearing. The hearing must occur within 21 days of the request.
Referred to as “Oregon’s Red Flag Law”, an ERPO is one of the newer laws enforced by the state in an effort to strengthen gun safety laws. It is hoped that Oregonians see this law as an attempt to keep guns and other weapons out of the hand of those who shouldn't have them. Both the city of Portland and Multnomah County prohibits endangering a child by allowing access to a firearm. The Oregon Legislature passed SB 554B which states that firearms must be secured unless the owner or possessor of the firearm is close enough to prevent another person who is not an authorized person from obtaining the firearm. This is the case even if the unsecured firearm is used to commit a felony.
Safety Standards
The state of Oregon doesn’t require that guns meet any certain safety standards.
New, Stricter Gun Safety Rules
U.S. District Court Judge Karin Immergut upheld Oregon's new gun laws, ruling that banning large capacity magazines and requiring a permit to purchase a firearm aligned with the nation's historical regulation of firearms for public safety.. It contrasts with a Supreme Court ruling last year, which emphasized the right to carry firearms outside the home without special permission.It was argued that large-capacity magazines are not commonly used for self-defense and can be regulated, and that the permitting system does not violate the Second Amendment or deprive Oregonians of their liberty.
Over the past few years, Oregon has enacted a series of comprehensive gun safety regulations. These include mandatory secure storage of firearms when not in use, a ban on firearms at the state capitol, and granting educational institutions the power to restrict firearms on their premises. In 2022, a voter-approved ballot measure instituted several measures, such as the requirement of a permit and training to purchase a firearm and a ban on high-capacity magazines.
Furthermore, in 2023, the state introduced a prohibition on untraceable ghost guns and 3-D printed firearms, addressing a concerning and hazardous aspect of the firearm industry.
Oregon Gun Laws Conclusion
The state of Oregon strives to continually improve when it comes to gun laws and safety. Because the laws change over time, it’s of the utmost importance that you do your homework and know the laws surrounding the state you live in and the surrounding states.
If you have questions about Oregon gun laws or are facing gun-related criminal charges, you need Shannon Powell with Powell Law. Whenever a crime is alleged to have involved a firearm, the stakes are immediately higher. Having a dedicated trial lawyer with experience in firearms litigation can make all the difference in your case. Don’t try to walk this difficult path alone, contact Shannon Powell today.
If you need a central Oregon or Medford criminal defense attorney, we can’t help you but we recommend contacting Kollie Law. They have a lot of experience dealing with gun laws and will give you a free consultation.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
