Oregon Concealed Carry Laws: Overview

Oregon Concealed Carry Laws: Overview

Oregon is a shall-issue state for concealed handgun licenses (CHL), issued at the county level by the sheriff of the applicant's county of residence. Oregon does not recognize concealed carry permits from other states, and a 2023 bill (SB 738) that would have provided reciprocity for out-of-state license holders from states recognizing Oregon CHLs remained in committee and was not enacted.

Concealed Carry Basics

Under Oregon law, it is a crime to carry a concealed firearm upon one's person or to possess a handgun that is concealed and readily accessible in a vehicle without a concealed handgun license. This prohibition does not apply to a person who is in their own residence or their own place of business.

Concealed Handgun License Requirements

A person may obtain a concealed handgun license from the sheriff of their county of residence if the person meets the following criteria (ORS 166.291 and 166.292):

• At least 21 years of age
• A U.S. citizen or a legal resident alien who has been a resident for at least six months and can demonstrate intent to become a citizen
• Has no felony convictions
• Has no misdemeanor convictions in the last four years
• Has no juvenile adjudication for a felony or misdemeanor involving violence in the last four years
• Is not on pretrial release for an offense or subject to an arrest warrant
• Can demonstrate completion of a handgun safety course
• Has not been found to be mentally ill
• Is not the subject of a stalking order or restraining order
• Is not required to register as a sex offender in any state
• Has not received a dishonorable discharge from the U.S. Armed Forces
• Has not been convicted of an offense involving controlled substances or participated in a drug diversion program (includes possession of less than an ounce of marijuana with two convictions)

The sheriff may also deny a permit if the sheriff has reasonable grounds to believe the applicant has been or is reasonably likely to be a danger to self, others, or the community at large.

Application Process

• The applicant is fingerprinted and photographed by the sheriff
• If a license is issued, that fact is recorded in the Oregon State Police (OSP) data system
• Active members of the U.S. Armed Forces, U.S. National Guard, or Oregon National Guard may renew applications by mail
• SB 554 (2021, Chapter 146) increased fees payable to the county sheriff for issuance and renewal of concealed handgun licenses

Prohibited Locations

Oregon law restricts the carrying of firearms, including by CHL holders, in certain locations:

• Court facilities: Only on-duty local, state, or federal peace officers may carry firearms in court facilities. There is no CHL exception to this prohibition.
• Portland International Airport: Firearms are prohibited in areas designated and clearly marked as restricted areas, with exemptions only for those authorized by federal law.
• Public buildings: Prior to SB 554 (2021), CHL holders had an affirmative defense to the crime of possessing a weapon in a public building. SB 554 modified this significantly.

Senate Bill 554 (2021): Key Changes

SB 554 (Chapter 146, Oregon Laws 2021), effective on the 91st day following adjournment sine die, made several significant changes:

• Removed the affirmative defense for CHL holders possessing firearms in state buildings, the Capitol, and passenger terminals of commercial service airports
• Modified the definition of "public building" to include passenger terminals of certain airports
• Authorized boards of public universities, Oregon Health and Science University, community colleges, and school districts to adopt policies providing that the CHL affirmative defense for possessing firearms on school grounds does not apply
• Where such a policy is adopted, a CHL holder prosecuted for possession of a firearm on school grounds, within the Capitol, or within a passenger terminal faces a Class A misdemeanor (up to 364 days' imprisonment, $6,250 fine, or both) rather than a complete defense
• Created an affirmative defense for persons possessing an unloaded firearm in a passenger terminal in a locked container for transportation in accordance with federal law

Firearm Storage and Transfer Requirements (SB 554)

SB 554 also established:

• Secure storage requirement: Persons must secure firearms with a trigger or cable lock, in a locked container, or in a gun room except in specified circumstances. Violation is punishable by a maximum $500 fine, or up to $2,000 fine if a minor obtains an unsecured firearm as a result
• Transfer security: When transferring a firearm under circumstances requiring a criminal background check, the firearm must be secured with a trigger or cable lock or in a locked container (maximum $500 fine for violation)
• Reporting lost/stolen firearms: Persons must report loss or theft of a firearm within 72 hours of when they knew or reasonably should have known (maximum $1,000 fine for violation)
• Transfer to minors: A person transferring a firearm to a minor must directly supervise the minor's use of the firearm, with specified exceptions
• Failure to comply with these requirements constitutes negligence per se

Disqualified Persons

The following individuals are prohibited from possessing a firearm in Oregon:

• Felons
• People found guilty (except by reason of insanity) of a felony
• People committed to the Department of Human Services (DHS) because they have been found to be mentally ill
• People found to be mentally ill who are ordered by a judge not to possess firearms
• People found mentally unfit to proceed in a criminal trial
• People under a court order not to purchase or possess a firearm

Juveniles

A person under the age of 18 may possess a firearm if:

• The firearm is not a handgun
• The juvenile has not been under the supervision of a juvenile court for committing a felony or misdemeanor involving violence for at least four years
• The juvenile's parent or guardian consents, or the firearm is possessed temporarily for hunting, target practice, or another lawful purpose such as self-defense

Machine Guns, Short-Barreled Firearms, and Silencers

It is unlawful to possess a machine gun, short-barreled shotgun or rifle, or silencer unless registered as required by federal law. A short-barreled rifle has a barrel less than 16 inches, and a short-barreled shotgun has a barrel less than 18 inches.

Concealed Handgun License Records

Under ORS 192.374 and HB 4045 (2012), information identifying a person as a current or former CHL applicant is generally confidential and may not be disclosed by a public body except under limited circumstances, including:

• Disclosure to another public body for criminal justice purposes
• Court order in a criminal or civil case
• Written consent of the applicant
• Compelling public interest (limited to name, age, and county of residence, disclosed to a victim of a person crime or a person under a protective order)
• Confirming or denying that a person convicted of a crime involving a firearm holds a current CHL
• Disclosure between law enforcement databases

Background Checks for Firearm Sales

• Gun dealers must complete a background check through OSP before selling a handgun; failure to do so is a Class A misdemeanor
• The dealer must obtain the purchaser's thumbprint and file it with a record of the transaction
• OSP is authorized to charge $10 for completing the background check
• Dealers must keep records of all firearms transactions for five years
• Private sales at gun shows (where more than 25 firearms are for sale) require a background check under Ballot Measure 5 (2000)

Reciprocity

Oregon does not currently honor concealed carry permits from other states. SB 738 (2023), which would have extended CHL privileges and legal defenses to persons licensed in states that recognize Oregon CHLs, remained in the Senate Committee on Judiciary and was not enacted.