Transportation Laws | Oregon Concealed Carry

Oregon Transportation Laws for Concealed Carry

Concealed Handgun in a Vehicle

Under ORS 166.250(1)(b), it is unlawful to possess a handgun that is concealed and readily accessible to the person within any vehicle, unless an exception applies.

What Constitutes "Readily Accessible" (ORS 166.250(4))

• General rule: A handgun is readily accessible if it is within the passenger compartment of the vehicle.
• Vehicles without external storage: If a vehicle has no storage location outside the passenger compartment, a handgun is not readily accessible if:
  • The handgun is stored in a closed and locked glove compartment, center console, or other container; AND
  • The key is not inserted into the lock (if the container unlocks with a key).
• Motorcycles, ATVs, and snowmobiles: A handgun is not readily accessible if:
  • The handgun is in a locked container within or affixed to the vehicle; OR
  • The handgun is equipped with a trigger lock or other locking mechanism that prevents discharge.

Open Carry Exception

ORS 166.250(3): Firearms carried openly in belt holsters are not considered concealed within the meaning of the statute.

Concealed Handgun License (CHL) Holders

Persons licensed under ORS 166.291 and 166.292 to carry a concealed handgun are exempt from the prohibition on carrying concealed firearms, including in vehicles (ORS 166.260(1)(i)).

Under ORS 166.262, a peace officer may not arrest or charge a person for violating ORS 166.250(1)(a) or (b) if the person has in their immediate possession a valid concealed handgun license, unless the person possesses a firearm:

• Within the Capitol
• Within the passenger terminal of a commercial service airport with over one million passenger boardings per year
• Within a building subject to a policy described in ORS 166.377(3)
• On school grounds subject to a policy described in ORS 166.377(1)

Persons Exempt from ORS 166.250 (Transportation-Related)

The following persons are not affected by the concealed carry prohibition per ORS 166.260:

• Law enforcement officers: Parole and probation officers, police officers, and reserve officers (ORS 166.260(1)(a))
• Federal officers and corrections officers acting within the scope of employment (ORS 166.260(1)(b))
• Honorably retired law enforcement officers, unless convicted of an offense that would make them ineligible for a CHL (ORS 166.260(1)(c))
• Merchants transporting unloaded firearms as merchandise (ORS 166.260(1)(e))
• Active or reserve military members when on duty (ORS 166.260(1)(f))
• Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition (ORS 166.260(3)(b))
• Members of shooting clubs while using firearms at target ranges, or while going to and from such ranges (ORS 166.260(3)(a))
• CHL holders (ORS 166.260(1)(i))

Note: The exceptions in ORS 166.260(1)(d) through (i) constitute affirmative defenses to a charge of violating ORS 166.250, per ORS 166.260(4) — meaning the burden is on the person to prove the exception applies. The exceptions in ORS 166.260(3) (shooting club members and licensed hunters/fishermen) are stated as exemptions ("ORS 166.250 does not apply to or affect") rather than being explicitly designated as affirmative defenses by the statute.

Residence Exception

ORS 166.250(2)(b): Any U.S. citizen over 18 years of age who resides in or is temporarily sojourning in Oregon (and is not in a prohibited class) may own, possess, or keep a handgun at their place of residence or place of business without a permit. "Residence" includes a recreational vessel or recreational vehicle while used as residential quarters.

State Preemption

ORS 166.170 vests the authority to regulate the sale, acquisition, transfer, ownership, possession, storage, transportation, or use of firearms solely in the Legislative Assembly. Counties, cities, and other municipal entities may not enact ordinances to regulate these matters except as expressly authorized by state statute. Contrary ordinances are void.

Local Loaded Firearm Regulations

Despite state preemption, ORS 166.173 allows cities and counties to adopt ordinances regulating the possession of loaded firearms in public places. However, these ordinances do not apply to:

• Law enforcement officers
• Military members on official duty
• Persons licensed to carry a concealed handgun
• Persons authorized under ORS 166.370
• Honorably retired law enforcement officers (unless convicted of a disqualifying offense)

Portland City Ordinance (14A.60.010)

The City of Portland has a local ordinance making it unlawful to knowingly possess or carry a loaded firearm (or a firearm with a loaded magazine/clip) in a public place, including in a vehicle. Exceptions include:

• Active or honorably retired peace officers
• Military members on official duty
• Persons licensed to carry a concealed handgun
• Persons traveling to and from established target ranges
• Licensed hunters or fishermen while engaged in hunting/fishing or traveling to/from expeditions
• Merchants lawfully transporting unloaded firearms as merchandise

Penalty: Up to six months imprisonment and a $500 fine. A mandatory minimum 30-day sentence applies when the offense involves carrying a loaded firearm containing ammunition with gunpowder propellant in a vehicle, including a transit vehicle.

Transporting Firearms for Relinquishment

Under ORS 166.256(6) and ORS 166.259(6), a person who is otherwise prohibited from possessing firearms may transport a firearm without prosecution if:

• The person has a court order requiring relinquishment issued within the previous 24 hours
• The firearm is unloaded
• The person is transporting the firearm to a law enforcement agency, gun dealer, or third party for transfer

LEOSA (HR 218) — Retired Law Enforcement Officers

Under the federal Law Enforcement Officer Safety Act (18 USC §926C), qualified retired law enforcement officers may carry a concealed firearm across state lines, including in Oregon. Requirements include:

• Photographic identification from the former employing agency
• Annual firearms qualification
• Oregon does not have a state-established standard for firearms qualification; qualification may be satisfied through the former employer, any law enforcement agency in Oregon, or alternative resources following standards set by any Oregon law enforcement agency

Discharging Firearms

ORS 166.630 prohibits discharging a weapon on or across a highway, ocean shore recreation area, or public utility facility.

ORS 166.638 prohibits discharging a weapon across airport operational surfaces.