Weapon Restrictions | Oregon Concealed Carry

Oregon Weapon Restrictions for Concealed Carry Permit Holders

Prohibited Weapons (ORS 166.272)

It is unlawful to possess the following unless registered as required under federal law:

• Machine guns — defined as any gun that allows two or more shots to be fired by a single pressure on the trigger
• Short-barreled rifles — barrel less than 16 inches
• Short-barreled shotguns — barrel less than 18 inches
• Firearms silencers/suppressors

Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer is a Class B felony (ORS 166.272(2)). However, a peace officer may not arrest or charge a person if the person has documentation showing the item is registered as required under federal law (ORS 166.272(3)). Federal registration (NFA compliance) is an affirmative defense (ORS 166.272(4)).

Concealed Carry Restrictions

Under Oregon law, it is a crime to:

• Carry a concealed firearm upon one's person without a concealed handgun license (CHL)
• Possess a handgun that is concealed and readily accessible in a vehicle without a CHL

Exceptions to the concealed carry prohibition:

• A person in their own residence
• A person at their own place of business

Location Restrictions

Court Facilities

• Only on-duty local, state, or federal peace officers may have a firearm in a court facility
• There is no concealed handgun permit exception to this prohibition

Portland International Airport (PDX)

• Firearms are prohibited in areas designated and clearly marked as restricted areas
• Only those authorized to carry a firearm in a restricted area by federal law are exempt

Persons Prohibited from Possessing Firearms

The following individuals are prohibited from possessing a firearm in Oregon (ORS 166.250, 166.270):

• Felons — any person convicted of a felony under state, other state, or federal law (ORS 166.270(1))
• Persons found guilty except for insanity of a felony
• Persons committed to the Department of Human Services (DHS) because they have been found to be mentally ill
• Persons found to be mentally ill who are ordered by a judge not to possess firearms (even if not committed)
• Persons found mentally unfit to proceed in a criminal trial proceeding
• Persons under a court order not to purchase or possess a firearm

Felon in Possession (ORS 166.270)

• Felon in possession of a firearm is a Class C felony (ORS 166.270(5))
• Felon in possession of a restricted weapon (spring-blade or centrifugal-force knives, blackjacks, slungshots, sandclubs, sandbags, sap gloves, metal knuckles, Electro-Muscular Disruption Technology devices, dirks, daggers, or stilettos) is a Class A misdemeanor

Exception for certain felons (ORS 166.270(4)): The prohibition does not apply to a person who:

• Was convicted of only one felony (state or federal)
• The felony did not involve criminal homicide (ORS 163.005), possession or use of a firearm, or a spring-blade weapon
• The person has been discharged from imprisonment, parole, or probation for 15 years prior to the alleged violation
• Or the person has been granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274, or has had their record expunged

Federal Disqualification Categories (as applied in Oregon via FICS)

The Oregon State Police Firearms Instant Check System (FICS) applies the following federal disqualifiers:

• Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year
• Warrant (felony or out-of-state misdemeanor)
• Felony pre-trial release
• Misdemeanor crimes of domestic violence
• Restraining, stalking, or protection orders
• Mental health adjudication or commitment
• Unlawful use of or addiction to a controlled substance (including marijuana)
• Dishonorable discharge from the Armed Forces
• Renounced U.S. citizenship
• Illegal alien status

Additional Oregon-Specific Disqualifiers

• Conviction of a violent misdemeanor within the previous 4 years — ORS 166.470(1)(g)
• Probation with conditions limiting possession of a firearm — ORS 137.540(L)
• Misdemeanor crime of domestic violence — ORS 166.255(1)(b)/(3)(c)(d)(f)
• Restraining order — ORS 166.255(1)(a)
• Conviction of stalking under ORS 163.732 — ORS 166.255(1)(c)

Juvenile Restrictions

A person under the age of 18 may possess a firearm only if all of the following conditions are met:

• 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 to the possession, or the gun is possessed temporarily for hunting, target practice, or another lawful purpose such as self-defense

Relief from Firearm Prohibitions Related to Mental Health (ORS 166.273)

A person barred from possessing a firearm due to mental health determinations may petition the Psychiatric Security Review Board for relief if:

• Barred under ORS 166.250(1)(c)(D) or (E)
• Barred under ORS 166.470(1)(e) or (f), or (g) for guilty except for insanity of a misdemeanor involving violence
• Barred under 18 U.S.C. 922(d)(4) or (g)(4) as the result of a state mental health determination

The board shall grant relief if the petitioner demonstrates they will not be likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest (ORS 166.273(5)). A person may file a petition no more than once every two years (ORS 166.273(9)).

Firearm Storage Notice Requirement (ORS 166.405)

Gun dealers must post a prominent notice stating: "The purchaser of a firearm has an obligation to store firearms in a safe manner and to prevent unsupervised access to a firearm by a minor. If a minor or unauthorized person obtains access to a firearm and the owner failed to store the firearm in a safe manner, the owner may be in violation of the law."

Transfer of Firearms to Minors (ORS 166.480 area provisions)

A person who delivers or transfers a firearm to a minor must directly supervise the minor's use. Failure to supervise constitutes negligence per se in a civil action for damages caused by the minor's use of the firearm (ORS 166.480(2)(a)).