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Article 1, Section 27 of the Oregon Constitution states: "The people shall have the right to bear arms for the defence of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]"
In State v. Kessler, 614 P.2d 94 (1980), the Supreme Court of Oregon held that a state statute, which in the court’s words prohibited the "mere possession" of a billy club, among other bladed and blunt weapons, violated an individual’s constitutional right to bear arms under article 1, § 27. Kessler, 614 P.2d at 100. The court found that article 1, § 27 applies to an individual’s use of arms to protect himself or herself and his or her home as well as the use of arms by members of the militia. Id. at 98. The court examined, in detail, what the drafters of the Oregon Constitution understood the term "arms" to mean, concluding that "arms" encompasses both weapons commonly used for defending the State as well as those commonly used for an individual’s self-defense. Id. Importantly, however, the court emphasized that "the right to 'bear arms' does not mean that all individuals have an unrestricted right to carry or use personal weapons in all circumstances," concluding that "[t]he reasoning of the courts is generally that a regulation is valid if the aim of public safety does not frustrate the guarantees of the state constitution." Id. at 99. See also State v. Blocker, 630 P.2d 824, 826 (Or. 1981) (holding that, consistent with Kessler, the possession of a billy club outside as well as inside the home is constitutionally protected because, under article 1, § 27, the legislature is prohibited by the constitution from outlawing the possession of a billy club).
In State v. Delgado, 692 P.2d 610, 612 (1984), the Supreme Court of Oregon held that whether a ban on a particular weapon violates article 1, § 27 depends on "whether [the] kind of weapon, as modified by its modern design and function, is of the sort commonly used by individuals for personal defense during either the revolutionary and post-revolutionary era." The court held that a statute prohibiting the possession and carrying of a switchblade knife violates article 1, § 27, although the court stated that individuals do not have "an unfettered right to possess or use constitutionally protected arms in any way they please. The legislature may, if it chooses to do so, regulate possession and use." Id. at 614. See also State v. Stevens, 833 P.2d 318, 319 (Or. Ct. App. 1992) (holding that article 1, § 27 protects the carrying of a concealed switchblade inside the home).
However, in State v. Smoot, 775 P.2d 344, 345 (1989) an Oregon Court of Appeals rejected an article 1, § 27 challenge to a law prohibiting the possession of a concealed switchblade because the statute was reasonably related to public safety and interfered only with the manner of possession, and not possession itself.
In State v. Hirsch, 114 P.3d 1104 (2005), the Supreme Court of Oregon rejected a challenge under article 1, § 27 to Oregon Revised Statutes § 166.270, which prohibits possession of a firearm by a person convicted of a felony. The court held that article 1, § 27 does not deprive the legislature of the authority to restrict the exercise of the state "right to bear arms" by designated groups of persons posing identifiable threats to public safety. Id. at 1135. Since the objective of section 166.270 was to protect the public from a group posing such a threat, it was not unconstitutionally overbroad. Id. at 1136. The court rejected the reasoning of its earlier cases, State v. Robinson, 343 P.2d 886 (Or. 1959), and State v. Cartwright, 418 P.2d 822 (Or. 1966), which had upheld laws against article 1, § 27 challenges by relying on the "police power" doctrine, which generally seeks to determine whether a legislative enactment reasonably "is in the interests of the public health, safety, and general welfare." Citing Kessler, the court also rejected the state’s argument that article 1, § 27 created a communal, rather than an individual, right. Id. at 1110-1111. In passing, the court pointed out that article 1, § 27 is not implicated when the bearing of arms is for a non-defensive purpose because the constitutional guarantee extends only to the bearing of arms for purposes of defense. Id. at 1108. See also Robinson, supra (rejecting an article 1, § 27 challenge to a former state statute prohibiting felons and non-naturalized aliens from possessing firearms capable of concealment upon the person); State v. Owenby, 826 P.2d 51 (Or. Ct. App. 1992) (rejecting an article 1, § 27 challenge to a state law prohibiting the purchase or possession of firearms by a person found by the court by clear and convincing evidence to be mentally ill).
Oregon appellate courts have also rejected article 1, § 27 challenges to local ordinances regulating firearms. In Oregon State Shooting Ass'n v. Multnomah County, 858 P.2d 1315, 1318-22 (Or. Ct. App. 1993), an Oregon Court of Appeals held that the "right to bear arms" does not apply to a local ordinance banning assault weapons because, consistent with Delgado and Kessler, those weapons were not the sort of weapon in existence, of common use, and designed for personal defense in the mid-nineteenth century when article 1, § 27 was adopted.
In State v. Boyce, 658 P.2d 577 (1983), an Oregon Court of Appeals rejected an article 1, § 27 challenge to a Portland ordinance banning the possession of a concealable, loaded firearm in public or in a vehicle, stating that the ordinance was a reasonable exercise of the police power. The court noted that the ordinance does not regulate the "mere possession" of firearms or ammunition, but regulates the manner of possession. Id. at 578-79.
Note that subsequent to the Oregon State Shooting Ass'n and Boyce decisions, the Oregon Legislature adopted legislation preempting local jurisdictions from regulating certain firearm-related areas of the law. Please see the Oregon State Preemption section for further information.
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The Oregon Legislature has specifically preempted certain areas of firearms regulation. Oregon Revised Statutes. § 166.170 states:
(1) Except as expressly authorized by
state statute, the authority to regulate in any matter whatsoever
the sale, acquisition, transfer, ownership, possession, storage,
transportation or use of firearms or any element relating to
firearms and components thereof, including ammunition, is vested
solely in the Legislative Assembly.
(2) Except as expressly authorized by
state statute, no county, city or other municipal corporation or
district may enact civil or criminal ordinances, including but not
limited to zoning ordinances, to regulate, restrict or prohibit the
sale, acquisition, transfer, ownership, possession, storage,
transportation or use of firearms or any element relating to
firearms and components thereof, including ammunition. Ordinances
that are contrary to this subsection are void.
Local jurisdictions do have the authority to enact the following specific firearm-related regulations:
Cities have the power to regulate, restrict or prohibit the discharge of firearms within the city’s boundaries, provided the ordinances do not apply to or affect a person discharging a firearm in the lawful defense of person or property, or on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting (section 166.172); Cities may also regulate the purchase of used firearms by pawnshops and secondhand stores (section 166.175); and Cities and counties may adopt ordinances regulating, restricting or prohibiting the possession of loaded firearms in public places, provided the ordinances do not apply to or affect a law enforcement officer or member of the military in the performance of official duties, a person licensed to carry a concealed weapon, or a person authorized to possess a loaded firearm while in or on a public building or court facility (section 166.173).
However, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. Section 166.174.
Oregon counties also have authority to adopt ordinances that regulate, restrict or prohibit the discharge of firearms within their boundaries, provided the ordinances do not apply to or affect a person discharging a firearm:
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In the lawful defense of person or property;
In the course of lawful hunting; As a landowner or guest of a landowner, when the discharge will not endanger adjacent persons or property; On a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting; or In the course of target shooting on public land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property.
Section 166.171.
The preemption provisions in sections 166.170 and 166.171 do not affect county ordinances regulating the discharge of firearms in effect on November 2, 1995. Section 166.176. Ordinances regulating discharge on a shooting range, shooting gallery, or other target shooting area designed for such purpose are subject to sections 166.170 and 166.171. Section 166.176. In addition, section 197.770 states that any "firearms training facility in existence on September 9, 1995, shall be allowed to continue operating until such time as the facility is not longer used as a firearms training facility." A "firearms training facility" is an indoor or outdoor facility that provides training courses and issues certifications required for law enforcement personnel, by the State Department of Fish and Wildlife, or by nationally recognized programs that promote shooting matches, target shooting and safety. Section 197.770.
Any local government or special district ordinance or regulation in effect in 1996 or subsequently adopted that makes a shooting range a nuisance or trespass or provides for its abatement as a nuisance or trespass is invalid with respect to the shooting range. Section 467.136. For information on statutes that provide shooting ranges with immunity from lawsuits, see the Oregon Immunity Statutes / Manufacturer Litigation section below.
In Langlotz v. Noelle, 39 P.3d 271 (Or. Ct. App. 2002), an Oregon Court of Appeals upheld a Multnomah County background check form used to apply for a concealed handgun license that required more detailed information from applicants than state law mandates. The plaintiff had been denied a concealed handgun permit because he refused to answer certain questions on the application form. The plaintiff challenged the sheriff's form on several grounds, including that the sheriff, in adding questions to the application form that are not expressly mentioned in section 166.291 (Oregon's concealed handgun licensing statute), had acted contrary to section 166.170(1) by regulating firearms beyond what the state permitted. Langlotz, 39 P.3d at 274. In allowing county sheriffs to require more detailed information on concealed weapons permit application forms than provided for under state law, the court stated that "[i]n enacting the statute that is the subject of this case, Or. Rev. Stat. § 166.291, the legislature has 'expressly authorized' [the county sheriff] to regulate the possession and transportation of concealed firearms." Langlotz, 39 P.3d at 274.
In Starrett v. Portland, 102 P.3d 728 (Or. Ct. App. 2004), an Oregon Court of Appeals held that sections 166.170 and 166.173 do not preclude a city from leasing public property to a private party on terms that permit the private party to prohibit concealed handguns on the leased property. The court reasoned that an ordinance leasing public property to a private party is not an exercise of governmental regulation, and is therefore not subject to sections 166.170 and 166.173. Id. at 733.
In Oregon State Shooting Ass'n v. Multnomah County, 858 P.2d 1315 (Or. Ct. App. 1993), an Oregon Court of Appeals reviewed preemption challenges to ordinances prohibiting possession of assault weapons for sale at the Multnomah County Exposition Center, and requiring a fee for background checks on all firearms purchases. The court invalidated the provision prohibiting the possession of an assault weapon for purposes of sale in the County Exposition Center, finding that the provision violated section 166.245 (a now-repealed statute similar to current section 166.173, but providing that counties and other political subdivisions may regulate the possession of loaded or unloaded firearms and ammunition in a public place). Oregon State Shooting Ass'n, 858 P.2d at 1322-23. The court held that section 166.245 permitted local regulation of the possession, but not the sale, of firearms and ammunition. Id. at 1323.
As to the imposition of fees for background checks in the ordinances, the court rejected plaintiffs' argument that the fees regulated the sale of firearms and were preempted by section 166.245. Oregon State Shooting Ass'n, 858 P.2d at 1323-24. The court found that the fees under both ordinances were not preempted by state law, as they compensated individuals who completed background checks for prospective firearms purchasers. Id. at 1323.
In Portland v. Lodi, 782 P.2d 415 (Or. 1989), the Supreme Court of Oregon held that an ordinance prohibiting the carrying of a deadly weapon in a concealed manner, and defining deadly weapon to include pocketknifes, was preempted by state law. While state law also prohibits the carrying of a deadly weapon in a concealed manner, it had recently been amended to exclude pocketknifes. Id. at 417-418. This legislative decision displaced the city’s ordinance. Id. at 418.
Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
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For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel. |
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No relevant statutes currently exist.
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Federal law generally requires that licensed firearms dealers
conduct a background check on all prospective firearms
purchasers to ensure that such persons are not prohibited from
buying or possessing a firearm. This background check
requirement and the National Instant Criminal Background Check
System (“NICS”) were enacted through the Brady Handgun
Violence Prevention Act, pursuant to Public Law 103-159, and
codified at 18 U.S.C. § 921 et seq. Federal law defines
a number of classes of prohibited purchasers (including
felons, fugitives, persons adjudicated as “mental
defectives” or those committed to mental institutions), and
leaves to the states the power to determine additional
classes. (For a complete list of federally prohibited
purchasers, click here.)
Under the Brady Act, states
have the option of serving as a “state point of contact” and
conducting their own background checks using NICS and state
informational records and databases, or having the checks
performed by the FBI using only NICS. Federal law does not
require that private sellers (persons other than firearms
dealers) conduct background checks on prospective purchasers.
In Oregon, all firearm transfers by licensed dealers are processed by the
Department of State Police ("DSP") which enforces the federal purchaser prohibitions
referenced above. Bureau
of Justice Statistics Survey of State Procedures Related to Firearm Sales,
2005 (November 2006); Or.
Rev. Stat. §§ 166.412(2), 166.434(1), (2). In addition, Oregon has adopted
other classes of prohibited persons, and incorporated some of the federal
prohibitions as state offenses. Oregon
Revised Statutes § 166.250(1)(c) provides that, subject to certain limited
exceptions, no person shall possess a firearm if he or she:
While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a "misdemeanor involving violence" (defined in section 166.470 as assault in the fourth degree, strangulation, menacing, recklessly endangering another person, or intentionally subjecting another to offensive physical contact because of a perception of the other’s race, color, religion, national origin or sexual orientation) and was discharged from the jurisdiction of the juvenile court within four years prior; Has been convicted of a felony or found "guilty, except for insanity" of a felony; Was committed to the Department of Human Services; or Was found to be mentally ill and subject to an order that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness.
In addition, section 166.270 prohibits possession of a firearm by a person convicted of a felony under the laws of any state or the United States, unless
The offense was possession of marijuana and the conviction was prior to January 1, 1972; The person was convicted of only one felony, which felony did not involve criminal homicide or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior; or The person was granted relief from the disability under 18 U.S.C. § 925(c) or has had the person’s record expunged.
Other provision of Oregon law also prohibit possession of a firearm by a person:
Sentenced to probation during the term of probation (section 137.540(1)(l)); Committed to an institution while under the jurisdiction of the institution or while being conveyed to or from an institution (section 166.275); or Who has committed with firearms of any kind or description, murder in any degree, or manslaughter, either voluntary or involuntary, or who in a careless or reckless manner, kills of injures another with firearms (section 166.300).
Section 166.470 prohibits any person from intentionally selling, delivering, or otherwise transferring any firearm when the transferor knows or reasonably should know that the recipient:
Has been convicted of a felony or found "guilty, except for insanity" under section 161.295, of a felony; Has any outstanding felony warrants for arrest; Is free on any form of pretrial release for a
felony; Was committed to the Department of Human Services
(“DHS”); After January 1, 1990, was found to be
mentally ill and subject to an order that the person be
prohibited from purchasing or possessing a firearm as a result of
that mental illness; or Has been convicted of a "misdemeanor involving violence" or found "guilty, except for insanity" of a "misdemeanor involving violence" within the previous four years. A "misdemeanor involving violence" means assault in the fourth degree, strangulation, menacing, recklessly endangering another person, or intentionally subjecting another to offensive physical contact because of a perception of the other’s race, color, religion, national origin or sexual orientation. Section 166.470(1)(g).
All background checks include a search of Oregon’s
computerized criminal history system, the Law Enforcement Data
System, NICS, the state stolen guns system, and the state mental
health data system. Section 166.432.
Oregon does not require a background check for private firearms transfers, although federal and state purchaser prohibitions still apply. See the Oregon Private/Secondary Sales section. However, a background check is required for any firearms transfer at a gun show. See the Oregon Gun Shows section.
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No relevant statutes currently exist.
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Possession Restrictions
Oregon law prohibits the intentional possession of a firearm while in or on a "public building." Or. Rev. Stat. § 166.370. This prohibition does not apply to persons licensed to carry a concealed handgun. Section 166.370(1)(d). "Public building" is defined to include:
Any hospital; Any "capitol building," as defined in section 166.360(1); Any public or private school, the grounds adjacent thereto and any site or premises being used exclusively for a student program or activity sponsored or sanctioned by the school, except that this prohibition does not apply if the person is not otherwise prohibited from possessing the firearm and the firearm is unloaded and locked in a motor vehicle (see section 166.370(3)(f)); Any college or university; Any city hall; Any residence of a state official elected by the state at large; The grounds adjacent to each such building; and That portion of any other building occupied by an agency of the state or a municipal corporation, other than a court facility.
Section 166.360(4).
Any person who intentionally possesses a firearm in a court facility is criminally liable for a felony and must surrender that firearm to a law enforcement officer unless the presiding judge has entered an order permitting the possession of specified weapons in a court facility. Section 166.370(2). This prohibition also does not apply to persons licensed to carry a concealed handgun. Section 166.370(1)(d).
Any local correctional facility, lockup facility or temporary hold must prohibit firearms from the security area of the facility except in times of emergency as determined by the facility’s administrator. Sections 169.076(6); 169.077(3); 169.078.
State administrative regulations prohibit firearms:
Transportation of Firearms
Oregon law generally prohibits the knowing possession of a concealed and readily accessible handgun within any vehicle without a license to carry a concealed handgun. Or. Rev. Stat. § 166.250(1)(b). However, a person may own, possess, or keep a handgun within his or her place of residence including a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters. Section 166.250(2)(b).
It is unlawful to operate a snowmobile or all-terrain vehicle with a loaded firearm in one’s possession. Section 821.240.
State administrative regulations prohibit carrying a loaded firearm in a vehicle used to transport a child in foster care unless a law enforcement officer is transporting the child. Or. Admin. R. 411-346-0200(4)(l); 416-530-0070(6)(d).
Concealed Weapons Licensing Requirements
Oregon is a “shall issue” state, meaning
that local law enforcement must issue a concealed weapons
license if the applicant meets certain qualifications.
Pursuant to
Or. Rev. Stat. § 166.291, when a person
applies for a concealed handgun license, the county sheriff
shall issue a license if the applicant:
Is a citizen of the United States or is a legal resident alien who can document continuous residency in the county for at least six months and 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;
Is at least 21 years of age; Has a principal residence in the county in which the application is made, unless the applicant is a resident of a contiguous state and the county sheriff waives the residency requirement because the applicant has a compelling business interest or other legitimate demonstrated need; Has no outstanding warrants for arrest; Is not free on any form of pretrial release; Demonstrates competence with a handgun by
completing a course or class meeting the necessary
specifications (see § 166.291(1)(f)(A)-(C), (G)),
presenting evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service, or being or having been licensed to carry a
firearm in Oregon, unless the license has been revoked; Has never been convicted of a felony or found
“guilty, except for insanity” of a felony; Has not been convicted of a misdemeanor or found
“guilty, except for insanity” of a misdemeanor within the four
years prior to the application; Has not been committed to the Department of
Human Services; Has not been found to be mentally ill and is not
subject to an order that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness; 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; and Is not subject to a citation for stalking or a
protective order issued pursuant to certain statutory
provisions. See
sections 30.866 (actions for issuance or
violation of stalking protective order),
107.700 to 107.732
(the Family Abuse Prevention Act) or
163.738 (court
provisions regarding a stalking protective order).
Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under sections 166.291(2)-(4), 166.292, and 166.293.
Fees for the concealed handgun license include $15 to the Department of State Police ("DSP") for conducting the fingerprint check and $50 for the issuance of the license. Section 166.291(5)(a).
A sheriff may deny a license if the sheriff has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to himself or herself or others, or to the community at large, as a result of the applicant's mental or psychological state, as demonstrated by a past pattern of behavior or participation in incidents involving unlawful violence or threats of unlawful violence. Section 166.293(2).
Any act or condition that would prevent the issuance of a license is also cause for revoking a license. Section 166.293(3). A sheriff may revoke a license by serving upon the licensee, personally or by certified mail, restricted delivery, a notice of revocation containing the grounds for the revocation. Id. The revocation is effective upon the licensee's receipt of the notice, and the notice and the return of service shall be included in the file of the licensee. Id.
Any person who knowingly carries a concealed firearm and does not have a license to do so is guilty of unlawfully possessing a firearm, a Class A misdemeanor. Sections 166.250(1)(a), 166.260. Firearms carried openly in belt holsters are not considered concealed. Section 166.250(4). In addition, this prohibition does not apply to:
A person owning, possessing, or keeping a handgun within his or her place of residence or business, including a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters (section 166.250(2)(b)); A member of a club or organization for the purpose of practicing shooting at targets upon an established target range, while using the firearm upon such a target range or while going to or from such a range (section 166.260(2)(a)); or A licensed hunter or fisherman while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition (section 166.260(2)(b)).
Failure of a person who carries a concealed handgun also to carry a concealed handgun license is prima facie evidence that the person does not have such a license. Section 166.292(2).
Disclosure or Use of Information
Immediately upon acceptance of an application for a concealed handgun license, the sheriff shall enter the applicant’s name into the state Law Enforcement Data System indicating that the person is an applicant for a concealed handgun license or a license holder. Or. Rev. Stat. § 166.291(7). The sheriff must keep a record of each license issued or renewed. Section 166.292(5). The sheriff must also submit annually to the Department of State Police a report containing the number of concealed handgun licenses revoked during that period and the reasons for the revocations. Section 166.297(1).
DSP may retain a record of the information obtained during
a request for a criminal records check for no more than five
years.
Section 166.412(7)(a). The record of the
information obtained during a request for a criminal records
check by a gun dealer is exempt from disclosure under public
records law.
Section 166.412(7)(b).
A state administrative regulation requires a child foster provider or member of a foster household who possesses a concealed weapons permit to provide the Oregon Department of Human Services, Seniors and People with Disabilities with a copy of the permit and a written plan to keep concealed weapons secure from foster children in the home and in vehicles. Or. Admin. R. 411-346-0200(4)(n). Identical provisions apply to members of family foster home (Or. Admin. R. 413-200-0338(3)), and members of a youth offender foster home (Or. Admin. R. 416-530-0070(6)).
Duration & Renewal
An Oregon concealed handgun license is valid for a period of four years from the date of issue, unless revoked. Or. Rev. Stat. § 166.292(4).
A concealed handgun license is renewable by repeating the same
procedures for issuance of an original license, except for the
fingerprint and character reference requirements under
section
166.291.
Section 166.295(1)(a). An otherwise
expired license continues to be valid for up to 45 days after
the licensee applies for renewal, provided the licensee
applies for renewal before the original license expires, has
proof of the application for renewal, and the renewal has not
been denied.
Section 166.295(b). The fee for renewal
is $50.
Section 166.291(5)(a)(B).
Location Limits
When a sheriff issues a concealed handgun license, the sheriff must provide the licensee with a list of those places where carrying concealed handguns is prohibited or restricted by state or federal law. Or. Rev. Stat. § 166.292(6).
Concealed weapons permit/license holders are subject to generally applicable possession prohibitions, with certain exceptions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.
Reciprocity
Oregon has no laws addressing the ability of concealed weapons permit holders from other states to carry their concealed firearms in the state. Under Oregon Revised Statutes § 166.291(8), a county sheriff may waive the residency requirement for a resident of a contiguous state who has a compelling business interest or other legitimate demonstrated need for an Oregon concealed handgun license.
Brady Exemption
Concealed handgun license holders in Oregon are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
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No relevant statutes currently exist.
State administrative regulations govern storage of firearms in:
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Oregon does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Oregon Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. For detailed information, see the Oregon Background Checks section.
Before the sale or transfer of any firearm, a dealer must request by telephone that DSP conduct a criminal history record check on an applicant using NICS and state databases. Or. Rev. Stat. §§ 166.412(2)(d), 166.418, 166.434. For that purpose, the dealer must complete a firearms transaction record and obtain the signature and thumbprints of the purchaser. Section 166.412(2)(a)-(c). If DSP fails to provide the dealer with an approval number or notify the gun dealer that the purchaser is disqualified from obtaining the firearm before the close of the gun dealer's next business day following the dealer's background check request, a dealer may deliver the firearm to the purchaser. Section 166.412(3)(c). A gun dealer may destroy the firearms transaction thumbprint form five years after completion of the form. Section 166.412(2)(f).
Section 166.412(10) requires that when a firearm is delivered, it shall be unloaded.
Pursuant to section 166.412(11), the Superintendent of State Police may adopt rules necessary for the provision of a security system to identify dealers who request a criminal history record check, and for the creation and maintenance of a database of the business hours of gun dealers.
Under section 166.427(1), whenever a dealer buys or accepts in trade a used firearm, the person shall enter in a register the time, date and place of purchase or trade, the name of the person selling or trading the firearm, the number of the identification documentation presented by the person and the make, model and manufacturer’s number of the firearm. The duplicate sheet of the register shall, on the day of purchase or trade, be hand delivered or mailed to the local law enforcement authority. Section 166.427(2).
Number of Federally Licensed Firearms Dealers
There are 1,423 federally licensed firearms dealers and pawnbrokers in Oregon. Federal firearms licensee totals for Oregon as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
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Oregon law requires both firearms dealers and unlicensed sellers to perform background checks at gun shows before transferring any firearm. Or. Rev. Stat. §§ 166.434, 166.438. A "gun show" is defined as an event at which more than 25 firearms are on-site and available for transfer. Section 166.432(2)(b). For the laws applicable to Firearms Dealers, see the Oregon Dealer Regulations section above.
Any person who is not a firearms dealer may not transfer a
firearm at a gun show unless he or she either completes the
transfer through a licensed dealer, or requests a criminal
background check prior to transfer, receives notification that
the person acquiring the firearm is qualified to receive the
firearm, and has the recipient of the firearm complete the
necessary form, which the transferor must retain for at least
five years and make available to law enforcement agencies for
the purpose of criminal investigations.
Section
166.438(1), (2). A person who organizes a gun show must post in a prominent place at the show a notice explaining these requirements, and must provide the required form to any person transferring a firearm at a gun show. Section 166.438(3). The requirements of section 166.438 shall not be applied to a person who did not know, or reasonably could not know, that more than 25 firearms were at the site and available for transfer. Section 166.438(6).
See the Oregon Private/Secondary Sales section for state laws that apply at gun shows.
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A person other than a gun dealer who requests a background check on a potential transferee of a firearm and who receives notification that the transferee is qualified to complete the transfer is immune from civil liability for any use of the firearm from the time of the transfer. Or. Rev. Stat. § 166.436(7)(a). See the Oregon Private/Secondary Sales section for this background check procedure. This immunity does not apply:
If the transferor knows, or reasonably should know, that the recipient is likely to commit an unlawful act involving the firearm; If the transferor knows, or reasonably should know, that the recipient intends to deliver the firearm to a third person who the transferor knows, or reasonably should know, may not lawfully possess the firearm; or In any product liability civil action under sections 30.900 to 30.920.
Section 166.436(7)(a), (c).
Any owner, operator or lessee of a shooting range is immune from civil or criminal liability and shall not be subject to an action for nuisance, and no court shall enjoin the use or operation of a shooting range, based upon an allegation of noise or noise pollution so long as:
The allegation results from the normal and accepted activity on the shooting range; The owner, operator or lessee complied with any applicable noise control law or ordinance existing at the time construction of the shooting range began or no noise control law or ordinance was then existing; and The allegation results from activity on the shooting range occurring between 7 a.m. and 10 p.m. or conducted for law enforcement training purposes.
Sections 467.131, 467.133. However, this immunity does not apply to shooting activity conducted for law enforcement purposes unless such activity is limited to four nights a month and the owner, lessee or operator provides notice of the activity at least one week beforehand by publication in a newspaper of general circulation in the county where the range is located. Section 467.138.
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
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Oregon does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Oregon's Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to the Oregon Unlawful Trade Practices Act, Oregon Revised Statutes § 646.608(1)(u), (4). For details, view the Center's report, Targeting Safety.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
State administrative regulations govern storage of firearms in:
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Oregon Revised Statutes § 166.250(1)(c)(A) prohibits anyone under age 18 from knowingly possessing a firearm. This section does not prohibit a minor from possessing 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 or guardian, or Temporarily for hunting, target practice or any other lawful purpose.
Section 166.250(2)(a)(A), (B).
In addition, section 166.470 prohibits persons from selling, delivering, or otherwise transferring a firearm to anyone under the age of 18. However, exceptions to this law permit a minor’s parent or guardian to consent to the transfer of a long gun to the minor and allow the temporary transfer of a firearm to a minor for hunting, target practice or any other lawful purpose. Section 166.470(3).
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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Although Oregon does not require background checks for private firearms transfers except at gun shows (see the Oregon Gun Shows section), the Oregon Code does provide a voluntary process by which unlicensed sellers may request that the Department of State Police perform a criminal background check on a prospective firearms recipient. Or. Rev. Stat. § 166.436. The procedures for these background checks are similar in substance to those required of a gun dealer. Id. See the Oregon Background Checks section for further details.
The unique approval number that the transferor receives from the DSP if the recipient is not prohibited from possessing a firearm constitutes "a permit valid for 24 hours for the requested transfer." Section 166.436(3)(B). The recipient of the firearm must be present when the transferor requests a criminal background check. Section 166.436(6).
A transferor who receives notification
that a recipient is qualified to complete the transfer is
immune from civil liability for any use of the firearm from
the time of the transfer.
Section 166.436(7)(a). This
immunity does not apply:
If the transferor knows, or reasonably
should know, that the recipient is likely to commit an
unlawful act involving the firearm; If the transferor knows, or reasonably
should know, that the recipient intends to deliver the
firearm to a third person who the transferor knows, or
reasonably should know, may not lawfully possess the
firearm; or In any product liability civil action
under sections 30.900 to 30.920.
Section 166.436(7)(a), (c).
Section 166.470 prohibits any person from intentionally selling, delivering, or otherwise transferring any firearm when the transferor knows or reasonably should know that the recipient:
Has been convicted of a felony or found "guilty, except for insanity" under section 161.295, of a felony; Has any outstanding felony warrants for arrest; Is free on any form of pretrial release for a felony; Was committed to the Department of Human Services ("DHS"); After January 1, 1990, was found to be mentally ill and subject to an order that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or Has been convicted of a "misdemeanor involving violence" or found "guilty, except for insanity" of a "misdemeanor involving violence" within the previous four years. A "misdemeanor involving violence" means assault in the fourth degree, strangulation, menacing, recklessly endangering another person, or intentionally subjecting another to offensive physical contact because of a perception of the other’s race, color, religion, national origin or sexual orientation. Section 166.470(1)(g).
A person commits the crime of unlawfully purchasing a firearm if the person, knowing that he or she is prohibited by state or federal law from owning or possessing the firearm or having the firearm under his or her custody or control, purchases or attempts to purchase the firearm. Section 166.425. See the Oregon Background Checks section for a list of such individuals.
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The Department of State Police may retain a record of the information obtained from performing a criminal records check prior to transfer of a firearm for no more than five years. Or. Rev. Stat. §§ 166.412(7)(a); 166.436(5)(a); Or. Admin. R. 257-010-0055(2). The record of information obtained during a request for a criminal records check by a gun dealer is exempt from disclosure under public records law. Or. Rev. Stat. § 166.412(7)(b); Or. Admin. R. 257-010-0055(3). A gun dealer may destroy the firearms transaction thumbprint form five years after completion of the form. Or. Rev. Stat. § 166.412(2)(f).
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No relevant statutes currently exist.
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