Oregon: State Firearms Laws

(As of July, 1994)

Please Note: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968, as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.

Quick Reference Chart

                          Rifles and
                          Shotguns     Handguns
                          _____________________
Permit to Purchase           No          No 
Registration of Firearms     No          No
Licensing of Owners          No          No
Permit to Carry              No          Yes*

 * A permit is required to carry concealed weapons.

State Constitutional Provision

``The people shall have the right to keep and bear arms for the defence of themselves and the state, but the military shall be kept in strict subordination to the civil power.'' Article 1, Section 27.

Possession

It is unlawful for a felon to possess any firearm except:
  1. If the offense was declared to be a misdemeanor, at the time of judgement, by the court.
  2. If the offense was for possession of marijuana and the conviction was prior to January 1, 1972.
  3. If the person was convicted of only one felony under the laws of Oregon or another state, or under U.S. law, and it did not involve a firearm or switchblade knife, provided the person was discharged from imprisonment, parole or probation fifteen years before.
  4. Where the individual has been granted relief from the disability under Oregon or Federal law, or the person's record has been expunged.

Purchase

It is unlawful to sell, deliver, or transfer any firearm to:
  1. A minor under the age of 18.
  2. A felon who does not come within the exceptions listed above under ``Possession.''
  3. A person who has been convicted of a misdemeanor involving violence or found guilty, except by insanity, within the previous four years.
  4. A person listed in the Health Division Registry.
  5. A person who has been committed to the Mental Health Division since 1985.
  6. A person who has any outstanding felony warrants for arrest.
  7. A person who is free on any form of pretrial release for a felony.
Paragraph 1 does not prohibit the temporary transfer of any firearm to a minor for any lawful purpose, including hunting and target shooting. A parent, guardian, or other person with the consent of a parent or guardian, may transfer a rifle or shotgun to a minor.

All dealers must keep a record of every handgun sold. This record shall contain the time and date of the sale, the name of the seller, the make, model, caliber and serial number of the handgun. The purchaser must sign his name and affix his address to the register. Thumbprints are taken. The purchaser must be personally known by the dealer or present clear evidence of his identity. A copy of the record must be mailed to the local police and state police on the day of the sale for a record check.

The dealer must wait fifteen days from the time of application before delivering the handgun to the purchaser. The handgun must be unloaded and securely wrapped when delivered. The 15 day waiting period does not apply to a holder of a concealed handgun license or a police officer.

Carry

It is unlawful to carry concealed upon the person or concealed about one's person in a vehicle any firearm unless one has a license to carry a concealed weapon. Exceptions to the above prohibition are:
  1. Persons possessing a handgun at their home or place of business.
  2. Organizations which are by law authorized to purchase or receive weapons from the U.S.
  3. Policemen and law enforcement personnel, whether active or honorably retired.
  4. Military personnel when on active duty.
  5. Members of a shooting club while at a range or going to or from a range.
  6. Licensed hunters or fishermen, while engaged in hunting or fishing or going to or from a hunting or fishing expedition.
Firearms carried openly in belt holsters are not considered to be ``concealed.''

Application for a license to carry a concealed weapon is made to the sheriff of a county who shall take fingerprints and a photograph and shall issue the person within 45 days of application a concealed handgun license if the person;

  1. Is at least 21 years of age;
  2. Has a principal residence in the county in which the application is made;
  3. Has no outstanding warrants for arrest;
  4. Is not free on any form of pretrial release;
  5. Demonstrates competence with a handgun by one of the prescribed handgun safety programs, or can certify training in the armed forces, or has a license already;
  6. Has never been convicted or found guilty of a felony ;
  7. Has not been convicted of or found guilty, except for insanity, of a misdemeanor, within the last four years;
  8. Has not been committed to the Mental Health Division within four years prior to the effective date of the 1989 amendment;
  9. Has not been found to be mentally ill and is not subject ot an order that the person be prohibited from purchasing or possessing a firearm;
  10. Is not listed in the Health Division Registry.
The license is valid for two years, and the fee for the initial issuance is $50.00; renewals $25.00.

No civil or criminal liability shall attach to the authority issuing or receiving an application.

It is unlawful to possess a loaded firearm in a snowmobile.

Antiques and Replicas

Antique firearm includes any firearm manufactured in or before 1898, any replica of such firearm not designed or redesigned for fixed ammunition, or a replica that uses fixed ammunition that is no longer manufactured in the U.S. and not readily available in ordinary channels of commercial trade.

The above provisions do not apply to antique firearms.

Machine Guns

It is lawful to possess a machine gun provided it is registered in conformity with federal law.

Miscellaneous

It is unlawful to set any loaded spring gun, except for the purpose of destroying gophers, moles and other burrowing rodents.

It is unlawful to change, alter, remove or obliterate the name of the maker, serial number or other mark or identification on any handgun. Possession of a handgun with its marks altered creates a legal presumption that the possessor committed the offense.

It is unlawful to discharge any firearm or air rifle upon or across any public road or upon or across the ocean shores within the state recreation areas.

It is unlawful to possess a loaded firearm in or on a public building.

Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney. 

                  Compiled by:
        NRA Institute for Legislative Action
              11250 Waples Mill Road
              Fairfax, Virginia 22030

   (c)  1994, NRA Institute for Legislative Action.

NS3N1172                              Rev. 7/94 5M