ORS 166.291

ORS 166.291: Issuance of Concealed Handgun License

Amended by SB 1560, Effective January 1, 2023

Relating to noncitizens; creating new provisions; and amending ORS 12.200, 165.800, 166.291, 183.335, 238.015, 316.027, 316.567, 316.695, 408.010, 411.139, 497.006, 656.005, 656.232, 657.045, 657.184, and 658.440.

(1) 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:

  • (a)Intentionally left blank —Ed.
    • (A) Is a citizen of the United States; or
    • (B) Is a legal resident alien who can document continuous residency in the county for at least six months, has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status, and can present proof of the written declaration to the sheriff at the time of application for the license;
  • (b) Is at least 21 years of age;
  • (c) Is a resident of the county;
  • (d) Has no outstanding warrants for arrest;
  • (e) Is not free on any form of pretrial release;
  • (f) Demonstrates competence with a handgun by any one of the following:
    • (A) 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;
    • (B) Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course;
    • (C) Completion of any firearms safety or training course or class available to the general public offered by law enforcement, a community college, or a private or public institution or organization, or a 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;
    • (D) 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;
    • (E) Presents evidence of equivalent experience with a handgun through participation in organized shooting competition or military service;
    • (F) Is licensed or has been licensed to carry a firearm in this state, unless the license has been revoked; or
    • (G) 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;
  • (g) Has never been convicted of a felony or found guilty, except for insanity under ORS 161.295 (Effect of qualifying mental disorder), of a felony;
  • (h) Has not been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295 (Effect of qualifying mental disorder), of a misdemeanor within the four years prior to the application, including a misdemeanor conviction for the possession of marijuana as described in paragraph (L) of this subsection;
  • (i) Has not been committed to the Oregon Health Authority under ORS 426.130 (Court determination of mental illness);
  • (j) Has not been found to be a person with mental illness and is not subject to an order under ORS 426.130 (Court determination of mental illness) that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;
  • (k) 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 (Limitations and conditions for sales of firearms);
  • (L) Has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program, except this disability does not operate to exclude a person if:
    • (A) The person can demonstrate that they have been convicted only once of a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense, and has not completed a drug diversion program for a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense; or
    • (B) The person can demonstrate that they have only once completed a drug diversion program for a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense, and has not been convicted of a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense;
  • (m) Is not subject to a citation issued under ORS 163.735 (Citation) or an order issued under ORS 30.866 (Action for issuance or violation of stalking protective order), 107.700 (Short title) to 107.735 (Duties of State Court Administrator) or 163.738 (Effect of citation);
  • (n) Has not received a dishonorable discharge from the Armed Forces of the United States;
  • (o) Is not required to register as a sex offender in any state; and
  • (p) Is not presently subject to an order under ORS 426.133 (Assisted outpatient treatment) prohibiting the person from purchasing or possessing a firearm.

(2) A person who has been granted relief under ORS 166.273 (Relief from firearm prohibitions related to mental health), 166.274 (Relief from prohibition against possessing or receiving firearm), or 166.293 (Denial or revocation of license) or 18 U.S.C. 925(c) or has had their record expunged under the laws of this state or equivalent laws of other jurisdictions is not subject to the disabilities in subsection (1)(g) to (L) of this section.

(3) Before the sheriff may issue a license:

  • (a) The application must state the applicant’s legal name, current address and telephone number, date and place of birth, hair and eye color, and height and weight. The application must also list the applicant’s residence address or addresses for the previous three years. The application must contain a statement by the applicant that the applicant meets the requirements of subsection (1) of this section. The application may include the Social Security number of the applicant if the applicant voluntarily provides this number. The application must be signed by the applicant.
  • (b) The applicant must submit to fingerprinting and photographing by the sheriff. The sheriff shall fingerprint and photograph the applicant and shall conduct any investigation necessary to corroborate the requirements listed under subsection (1) of this section. If a nationwide criminal records check is necessary, the sheriff shall request the Department of State Police to conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. The Department of State Police shall report the results of the fingerprint-based criminal records check to the sheriff. The Department of State Police shall also furnish the sheriff with any information about the applicant that the Department of State Police may have in its possession, including, but not limited to, manual or computerized criminal offender information.

(4) Application forms for concealed handgun licenses shall be supplied by the sheriff upon request. The forms shall be uniform throughout this state in substantially the following form:

Date________

I hereby declare as follows:

I am a citizen of the United States or a legal resident alien who can document continuous residency in the county for at least six months and have declared in writing to the United States Citizenship and Immigration Services my intention to become a citizen and can present proof of the written declaration to the sheriff at the time of this application. I am at least 21 years of age. I have been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, I 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 (Limitations and conditions for sales of firearms). I have never been convicted of a felony or found guilty, except for insanity under ORS 161.295 (Effect of qualifying mental disorder), of a felony in the State of Oregon or elsewhere. I have not, within the last four years, been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295 (Effect of qualifying mental disorder), of a misdemeanor. Except as provided in ORS 166.291 (Issuance of concealed handgun license) (1)(L), I have not been convicted of an offense involving controlled substances or completed a court-supervised drug diversion program. There are no outstanding warrants for my arrest and I am not free on any form of pretrial release. I have not been committed to the Oregon Health Authority under ORS 426.130 (Court determination of mental illness), nor have I been found to be a person with mental illness and presently subject to an order prohibiting me from purchasing or possessing a firearm because of mental illness. I am not under a court order to participate in assisted outpatient treatment

Posted in Oregon Statutes