Gun Laws in Oregon
Explore our comprehensive guide on Oregon gun laws, covering permits, registration, age restrictions, assault weapons, concealed and open carry, local restrictions, NFA weapons, background checks, and red flag laws. Stay informed and practice responsible gun ownership.
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
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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[122] | 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: - A parent or guardian, or another person with the consent of the parent or guardian, may transfer a firearm other than a handgun to a minor. (ORS 166.470(3)(a))
- The temporary transfer of any firearm to a minor for hunting, target practice, or any other lawful purpose. (ORS 166.470(3)(b))
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Minors allowed to possess firearms? | Yes, with exceptions | Yes, with exceptions | ORS 166.250 | Minors may: - ...possess a firearm other than a handgun if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent. ORS 166.250(2)(a)(A)
- ...not possess a firearm if they are under 18 years of age, and while a minor, committed the equivalent of an adult felony or a misdemeanor involving violence, within four years of being charged with possession. ORS 166.250(1)(c)
- ...may also possess any firearm temporarily for hunting, target practice, or any other lawful purpose. ORS 166.250(2)(a)(B) ( and ORS 166.470(3)(b); see above)
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Assault weapon ban? | No | No | --- | No Oregon state laws define or regulate assault weapons. Some local counties have adopted Second Amendment sanctuary resolutions regardless.[123] |
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.[124] 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,[125] Beaverton,[126] Tigard,[127] Oregon City,[128] Salem,[129] and Independence,[130] as well as Multnomah County,[131] 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 | SB941 (2015) at the Wayback Machine (archived November 15, 2017) | 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 | Yes | Yes | 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. |
Understanding Gun Laws in Oregon
As a gun law expert, I've compiled a comprehensive guide to understanding gun laws in Oregon. This guide will help you understand the legal requirements and restrictions related to firearms in the state. Please note that this guide is intended for informational purposes only and should not be used as legal advice.
Permits and Registration
In Oregon, there is currently no requirement for a state permit to purchase either long guns or handguns. This is due to a legal dispute over Oregon Ballot Measure 114, which initially instituted a permit requirement. However, due to ongoing litigation, this law is not currently in effect.
Similarly, there is no requirement for firearm registration in Oregon. However, the Oregon State Police do maintain a record of firearms sales from Federal Firearms License (FFL) holders for a period of 5 years. After this period, the records are destroyed.
Age Restrictions
The minimum age to purchase firearms in Oregon is 18 for long guns and 21 for handguns, as per ORS 166.470. There are exceptions to this rule, such as a parent or guardian transferring a firearm other than a handgun to a minor, or the temporary transfer of any firearm to a minor for hunting, target practice, or any other lawful purpose.
Minors are allowed to possess firearms, with certain exceptions. For instance, a minor who has committed the equivalent of an adult felony or a misdemeanor involving violence within four years of being charged with possession cannot possess a firearm.
Assault Weapons and High Capacity Magazines
There are currently no state laws in Oregon that define or regulate assault weapons. However, Oregon Ballot Measure 114 does ban 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. Like the permit requirement, this law is also not currently in effect due to litigation.
Concealed and Open Carry
Oregon is a "shall-issue" state for concealed carry licenses for residents. This means that the state must issue a license to any applicant who meets the legal requirements. However, carrying a concealed firearm without a valid license is prohibited by ORS 166.250.
Open carry of firearms is legal statewide without a permit, as per Or. Const. Art. I § 27 and ORS 166.250(3). However, local cities and counties can regulate the open carry of loaded firearms in public places.
Preemption of Local Restrictions
According to Or. Const. Art. I § 27 and ORS 166.170, the authority to regulate firearms and related components, including ammunition, is vested solely in the State Legislative Assembly. This means that local governments cannot enact their own firearms laws that conflict with state law.
NFA Weapons and Background Checks
Oregon law permits the possession of National Firearms Act (NFA) restricted firearms and non-firearm items, provided owners comply with NFA regulations.
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 are exempt from this requirement.
Red Flag Law
Oregon has a red flag law, which allows a police officer or a member of a person's family or household to petition the court for a one-year order prohibiting the person from possessing a deadly weapon if they appear to be in imminent danger of hurting themselves or another person.
Remember, understanding your state's gun laws is crucial for responsible gun ownership. Always ensure you're up to date with the latest laws and regulations.