Overview of Gun Laws in Oregon

Gun laws in Oregon govern the manufacture, sale, possession, and use of firearms and ammunition within the state. These regulations aim to balance public safety with the rights provided by both state and federal laws.

Oregon Ballot Measure 114: New Gun Control Measures

On November 8, 2022, Oregon voters narrowly approved Ballot Measure 114, which introduces stricter gun control laws. About 50.6% of voters supported the measure, while 49.4% opposed it. Key provisions of Measure 114 include:

  • Permit Requirement for Firearms: The measure requires individuals to obtain a permit before purchasing or acquiring a firearm. County sheriffs will accept permit applications, and the state police will conduct background checks, which are more comprehensive than existing checks. Applicants must complete an approved training course, submit fingerprints, and pay a $65 fee.
  • High-Capacity Magazine Ban: The measure bans the sale, transfer, or importation of magazines that can hold more than ten rounds of ammunition. However, this measure is currently on hold due to ongoing legal challenges.

Specific Regulations and Requirements

  • State Permit Required to Purchase: Measure 114 mandates a permit for purchasing firearms, but this requirement is not currently in effect due to litigation.
  • Firearm Registration: The Oregon State Police keep records of firearm sales from Federal Firearms License (FFL) holders for five years, after which the records are destroyed.
  • Owner License Required: No license is required to own a firearm in Oregon.
  • Minimum Age to Purchase Firearms: Individuals must be at least 18 years old to purchase long guns and 21 to purchase handguns. Oregon law prohibits selling, delivering, or transferring any firearm to anyone under 18, except in specific circumstances such as parental consent for a minor to possess a firearm other than a handgun.
  • Minors and Firearm Possession: Minors are allowed to possess firearms under certain conditions, such as if the firearm was transferred by a parent or guardian or for temporary activities like hunting or target practice. However, minors under 18 who have committed crimes equivalent to adult felonies or violent misdemeanors within the last four years cannot possess firearms.

Additional Oregon Firearm Laws

  • Assault Weapon Ban: Oregon does not have a state-level ban on assault weapons. However, some local counties have adopted Second Amendment sanctuary resolutions.
  • Concealed Carry License: Oregon is a “shall-issue” state for residents regarding concealed handgun licenses. Sheriffs have discretion over issuing licenses to non-residents of contiguous states. Carrying a concealed firearm is generally prohibited without a valid Concealed Handgun License (CHL).
  • Open Carry Regulations: Open carry is legal statewide without a permit, but cities and counties can regulate the open carry of loaded firearms in public places. Holders of concealed carry permits are exempt from these restrictions in certain areas, such as Portland and Salem.
  • State Preemption of Local Restrictions: The regulation of firearms is primarily under state control, meaning local governments cannot enact laws that contradict state firearm regulations.
  • NFA Weapons: Possession of firearms restricted under the National Firearms Act (NFA) is legal in Oregon if federal regulations are followed.
  • Peaceable Journey Laws: Oregon recognizes federal laws protecting the transportation of firearms across state lines under certain conditions.
  • Background Checks for Private Sales: Private firearm transfers must be conducted through a licensed dealer, who is required to perform a background check. Family transfers are exempt.
  • Red Flag Law: Oregon has a Red Flag law that allows family members or law enforcement to petition the court to remove firearms from individuals deemed a danger to themselves or others.

High-Capacity Magazine Ban

Measure 114 bans the sale, transfer, or importation of magazines holding more than ten rounds of ammunition, but due to legal challenges, this law is not currently in effect.

Concealed Carry and Open Carry Specifics

Oregon allows concealed carry with a valid permit and is generally permissive about where concealed firearms can be carried. There is no reciprocity with other states’ concealed handgun licenses, and individuals wishing to carry concealed in Oregon must obtain an Oregon CHL.

Oregon is also an open-carry state with no permit required, but local governments can impose restrictions on the open carry of loaded firearms.

Legal Protections and Liabilities

The right to bear arms in Oregon is protected by Article 1, Section 27 of the Oregon Constitution. However, firearm owners can be held civilly liable for injuries caused by negligence or in wrongful death claims if a firearm is used to kill someone.

Specific Restrictions and Exceptions

It is illegal for individuals under 18, those convicted of felonies, or individuals with certain mental health commitments to possess firearms. Violating these provisions constitutes a Class A misdemeanor.

Hunting Regulations

Oregon has specific regulations on the types of firearms that can be used for hunting different animals. For example, for hunting black bear, cougar, pronghorn, and buck deer, long guns and handguns of .22 caliber or larger centerfire are required, while larger game like elk and bighorn sheep require long guns and handguns of .24 caliber or larger centerfire.

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