Carrying Under the Influence | Oregon Concealed Carry

Carrying Under the Influence — Oregon

Oregon does not have a specific statute that explicitly prohibits carrying a concealed firearm while under the influence of alcohol or intoxicants. Unlike many other states that establish BAC thresholds or standalone intoxication offenses for armed persons, Oregon's concealed handgun license (CHL) statutes (ORS 166.291–166.295) and the general firearms statutes in ORS Chapter 166 contain no dedicated provision criminalizing the possession or carry of a firearm while intoxicated.

Absence of a Dedicated Statute

A thorough review of ORS Chapter 166 (Offenses Against Public Order; Firearms and Other Weapons) confirms that no provision directly addresses carrying a firearm while intoxicated. Oregon does not establish:

• A BAC threshold tied to firearm possession or carry
• A standalone offense for possessing or carrying a firearm (concealed or otherwise) while under the influence of alcohol, controlled substances, or other intoxicants
• Enhanced penalties for firearm-related conduct committed while intoxicated

This places Oregon among a minority of states that do not specifically regulate the combination of firearms and intoxication through dedicated statutory language.

Intoxication and Criminal Culpability — ORS 161.125

While Oregon lacks a carrying-under-the-influence statute, its general criminal culpability framework addresses intoxication directly. ORS 161.125 provides:

"(1) The use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication shall not, as such, constitute a defense to a criminal charge, but in any prosecution for an offense, evidence that the defendant used drugs or controlled substances, or was dependent on drugs or controlled substances, or was intoxicated may be offered by the defendant whenever it is relevant to negative an element of the crime charged."

"(2) When recklessness establishes an element of the offense, if the defendant, due to the use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication, is unaware of a risk of which the defendant would have been aware had the defendant been not intoxicated, not using drugs or controlled substances, or not dependent on drugs or controlled substances, such unawareness is immaterial."

This second provision is particularly significant for armed individuals: if a person handles a firearm recklessly while intoxicated, the fact that intoxication prevented them from perceiving the risk does not negate the recklessness element. The law treats them as if they were sober for purposes of evaluating recklessness.

Definition of "Recklessly" — ORS 161.085(9)

The legal standard for recklessness, which underpins many charges that could arise from intoxicated firearm handling, is defined in ORS 161.085(9):

"'Recklessly,' when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation."

Under ORS 161.125(2), a person's voluntary intoxication cannot shield them from this standard — if a sober person would have been aware of the risk, the intoxicated person is held to the same measure.

General Criminal Liability That May Apply

Although there is no specific carrying-under-the-influence law, a person who uses or handles a firearm while intoxicated could face charges under other Oregon statutes if their conduct meets the relevant elements:

• Reckless Endangering (ORS 163.195): A Class A misdemeanor. A person commits this offense by recklessly engaging in conduct that creates a substantial risk of serious physical injury to another person. Handling a loaded firearm while significantly impaired could satisfy this standard.
• Menacing (ORS 163.190): A Class A misdemeanor. Placing another person in fear of imminent serious physical injury by word or conduct.
• Pointing a Firearm at Another (ORS 166.190): A Class A misdemeanor specific to pointing a firearm at another person, whether loaded or not, absent self-defense or legal justification.
• Unlawful Use of a Weapon (ORS 166.220): Carrying or using a weapon in a manner that is not otherwise authorized, including reckless use.
• Assault offenses (ORS 163.160–163.185): If intoxicated firearm handling results in physical injury to another person, assault charges of varying degrees may apply.

CHL Revocation and Disqualification

Carrying while intoxicated is not itself a listed ground for CHL revocation under ORS 166.293. However, criminal conduct committed while intoxicated can lead to CHL consequences through multiple pathways:

• Conviction-based revocation: Convictions for offenses involving violence, recklessness, or weapons misuse — which are more likely to occur during intoxicated firearm handling — are grounds for CHL revocation under ORS 166.293 and may disqualify an individual from possessing firearms under ORS 166.250 and ORS 166.255.
• Conviction of qualifying misdemeanors: Under ORS 166.470(1)(g), conviction of a violent misdemeanor within the previous four years disqualifies a person from purchasing a firearm.
• Substance-related convictions: A pattern of intoxication-related offenses could affect a CHL applicant's ability to demonstrate the "good moral character" or fitness required under the CHL application process.

Firearm Relinquishment Upon Certain Convictions — ORS 166.259

If intoxicated conduct with a firearm results in a conviction for an offense described in ORS 166.255(1)(b) or (c) (including misdemeanor crimes of domestic violence or stalking), the court is required to:

• Inform the person that they are prohibited from possessing firearms and ammunition
• Order the transfer of all firearms and ammunition within 24 hours to a law enforcement agency, gun dealer, or qualifying third party
• Require a declaration under penalty of perjury confirming compliance

DUII and Collateral Consequences

Oregon's Driving Under the Influence of Intoxicants (DUII) laws (ORS 813.010) apply to operating vehicles and are not directly related to firearm carry. However:

• A DUII conviction could have collateral consequences for firearm rights if it involves felony charges or is associated with other disqualifying conduct.
• Under ORS 181A.195, a single misdemeanor DUII conviction in the preceding five years does not automatically disqualify a person from certain state background check processes, but multiple convictions may be considered.
• Legislative note (2021): Senate Bill 201 clarified that DUII may be established based on a BAC of .08 or higher measured within two hours of driving. House Bill 3140 added psilocybin to the DUII statute after Ballot Measure 109 (2020) had excluded it from the "controlled substance" definition, demonstrating Oregon's evolving approach to intoxicant regulation.

Federal Law — 18 U.S.C. § 922(g)(3)

Regardless of Oregon state law, federal law prohibits firearm possession by any person who is an "unlawful user of or addicted to any controlled substance." Key points:

• This is a status-based prohibition, not a situational one — it applies at all times, not only while under the influence.
• The Oregon State Police Firearms Instant Check System (FICS) lists "Unlawful use or addicted to a controlled substance (including Marijuana)" as a federal disqualification category for firearm purchases.
• Marijuana remains a controlled substance under federal law (Schedule I, 21 U.S.C. § 812), meaning that regular marijuana users — even those complying with Oregon's recreational cannabis laws (ORS Chapter 475C) — are federally prohibited from possessing firearms.
• Violation is a federal felony carrying up to 10 years imprisonment.

Restricted Locations Where Alcohol and Firearms Intersect

While Oregon does not prohibit carrying while intoxicated, CHL holders should be aware of location-based restrictions that may overlap with alcohol consumption:

• Licensed premises: Oregon does not broadly prohibit concealed carry in establishments holding liquor licenses. However, specific businesses may prohibit firearms on their premises under private property rights.
• Federal buildings, courthouses, and other prohibited locations remain off-limits regardless of intoxication status, per ORS 166.370 and federal law.

Practical Guidance for CHL Holders

Although Oregon does not have a specific prohibition on carrying a firearm while under the influence, CHL holders should exercise extreme caution:

1. Intoxication dramatically increases risk of negligent or reckless conduct that could result in criminal charges, civil liability, and permanent loss of firearm rights.
2. Oregon law does not excuse intoxicated recklessness — ORS 161.125(2) explicitly provides that voluntary intoxication cannot negate the recklessness element of any offense.
3. Federal law imposes separate prohibitions — habitual users of controlled substances (including marijuana) are federally prohibited from possessing any firearm at any time.
4. Criminal consequences are severe — a conviction arising from intoxicated firearm handling can trigger mandatory firearm relinquishment (ORS 166.259), CHL revocation, and permanent disqualification from firearm possession.
5. Civil liability exposure is significant — an intoxicated person who injures another while armed faces potential civil suits with no intoxication defense.

Note: The absence of a specific Oregon statute on carrying while intoxicated was confirmed through review of ORS Chapter 166 (firearms statutes), ORS Chapter 161 (general criminal liability provisions), ORS Chapter 471 (liquor regulations), and the Oregon State Police FICS disqualification categories. No provision directly criminalizing the carry of a firearm while intoxicated was identified in the 2025 edition of the Oregon Revised Statutes or in 2021 session legislation.