Where You Cannot Carry in Oregon: Prohibited Places

Prohibited Locations for Concealed Carry in Oregon

Oregon law restricts the carrying of firearms, including by concealed handgun license (CHL) holders, in several categories of locations. The primary statutes governing prohibited locations are ORS 166.360–166.380 and related provisions as amended by SB 554 (2021, Chapter 146).

1. Court Facilities (ORS 166.360(2), ORS 166.370(2))

• No CHL exception. Only on-duty local, state, or federal peace officers may possess a firearm in a court facility.
• "Court facility" means a courthouse or that portion of any other building occupied by a circuit court, the Court of Appeals, the Supreme Court, or the Oregon Tax Court, or occupied by personnel related to the operations of those courts, or in which activities related to the operations of those courts take place. (ORS 166.360(2))
• Local court facilities (justice courts, municipal courts, probate courts, juvenile courts) are also prohibited if the presiding judge has entered an order prohibiting firearms in the area during court operating hours. (ORS 166.370(2)(C))
• District, Circuit, and Municipal courthouses — the entire building is prohibited.

2. Public Buildings (ORS 166.360(9), ORS 166.370(1))

A "public building" is defined under ORS 166.360(9) to include:

• Hospitals
• Capitol buildings — defined as the Capitol, the State Office Building, the State Library Building, the Labor and Industries Building, the State Transportation Building, the Agriculture Building, the Public Service Building, and any new buildings constructed on the same grounds (ORS 166.360(1))
• Public or private schools (as defined in ORS 339.315)
• Colleges and universities
• City halls
• The residence of any state official elected by the state at large, and the grounds adjacent to each such building
• Any other building occupied by a state agency, city, county, district (as defined in ORS 198.010), or any municipal corporation (other than a court facility)
• The passenger terminal of a commercial service airport with over one million passenger boardings per year (added by SB 554, 2021)

Possession of a loaded or unloaded firearm or any other dangerous weapon in a public building is a Class C felony under ORS 166.370(1)(a).

3. Capitol Building — No CHL Defense

Under ORS 166.370(1)(b), within the Capitol (as defined in ORS 166.360(1)), the CHL affirmative defense does not provide a complete defense. If a CHL holder possesses a firearm in the Capitol, upon conviction the offense is reduced to a Class A misdemeanor (punishable by up to 364 days' imprisonment, $6,250 fine, or both) rather than a Class C felony.

4. Airport Passenger Terminals

The passenger terminal of a commercial service airport with over one million passenger boardings per year (i.e., Portland International Airport) is a prohibited public building. (ORS 166.360(9)(b), added by SB 554, 2021)

• The CHL affirmative defense results only in a reduced charge (Class A misdemeanor) rather than a complete defense. (ORS 166.370(1)(b))
• An affirmative defense exists for a person who possesses an unloaded firearm in a locked container in the passenger terminal for transportation in accordance with federal law. (SB 554, 2021)
• Secured areas of airports that are designated and clearly marked as restricted areas are also separately prohibited as federal facilities.

5. School Property (ORS 166.370, ORS 166.377(1))

• Firearms are prohibited on school grounds that are posted with signs prohibiting firearms.
• Under SB 554 (2021), the board of a public university, Oregon Health and Science University, community college, or school district may adopt a policy providing that the CHL affirmative defense does not apply on school grounds.
• Where such a policy is in effect, a CHL holder in possession of a firearm on school grounds is guilty of a Class A misdemeanor (up to 364 days' imprisonment, $6,250 fine, or both) rather than having a complete affirmative defense. (ORS 166.370(1)(b), ORS 166.377(1))

6. Buildings Subject to Adopted Policies (ORS 166.377(3))

Under SB 554 (2021), entities that own, occupy, or control certain public buildings may adopt an ordinance, rule, or policy limiting or precluding the CHL affirmative defense for possession of firearms in those buildings.

• Such a policy may not affect possession of firearms in a parking area or parking garage.
• Where such a policy is in effect, a CHL holder is subject to a Class A misdemeanor conviction rather than having a complete defense.

7. Federal Facilities

While governed primarily by federal law (18 U.S.C. § 930), the following are prohibited locations:

• Federal courthouses
• Social Security offices
• Post offices
• Secured areas of airports
• Military reservations and recruiting offices

8. Indian Reservations and Tribal Property

• Firearms may not be carried concealed on Indian reservations or tribal property without the written permission of the tribal judge.
• This may also apply to casinos on tribal lands.

9. Other Prohibited or Restricted Locations

• Endangered species or wildlife refuge areas, if prohibited by state or local law. Firearms cannot be carried in buildings or structures where employees work, as they are considered "federal facilities."
• National forests marked or posted with signs prohibiting all firearms.
• State Forest Lands designated by the Forester as "Designated Recreation Areas" (OAR 629-025-0050).
• Posted private property, private businesses, or facilities where the owner prohibits firearms possession.

10. Exceptions to the Public Building Prohibition (ORS 166.370(3))

The prohibition on firearms in public buildings (ORS 166.370(1)(a)) does not apply to:

• (a) Police officers or reserve officers (as defined in ORS 181A.355)
• (b) Parole and probation officers acting within the scope of employment
• (c) Federal officers, certified reserve officers, or corrections officers acting within the scope of employment
• (d) Persons summoned by the above officers to assist in making arrests or preserving the peace
• (e) Honorably retired law enforcement officers
• (f) Active or reserve members of the U.S. military forces or state military, when engaged in the performance of duty

11. CHL Affirmative Defense — General (ORS 166.370(1)(b))

Historically, CHL holders had an affirmative defense to the crime of possessing a firearm in a public building. SB 554 (2021) modified this by:

• Allowing certain public entities to adopt policies eliminating the CHL affirmative defense in their buildings and on school grounds
• Providing that in the Capitol, airport passenger terminals (over 1 million boardings/year), and buildings/school grounds subject to an adopted policy, the CHL defense only reduces the offense from a Class C felony to a Class A misdemeanor

12. Penalties Summary

Key Statutes

• ORS 166.360 — Definitions for public building, court facility, capitol building, weapon
• ORS 166.370 — Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school
• ORS 166.373 — Possession of weapon in court facility by peace officer or federal officer
• ORS 166.377 — Possession of firearms in certain public buildings by concealed handgun licensees
• ORS 166.380 — Examination of firearm by peace officer; presentation of concealed handgun license
• SB 554 (2021, Chapter 146) — Amendments expanding prohibited locations and modifying CHL affirmative defense
• OAR 629-025-0050 — State Forest Lands designated recreation areas

Important Notes

• SB 554 took effect on the 91st day following adjournment sine die of the 2021 Regular Session.
• CHL holders should verify whether specific institutions (universities, community colleges, school districts) have adopted policies under ORS 166.377 eliminating the CHL affirmative defense, as these vary by institution.
• Parking areas and parking garages are exempt from policies adopted under ORS 166.377(3) that limit CHL possession in public buildings.
• Private property owners may post their property to prohibit firearms; CHL holders should observe such postings.