Oregon's Concealed Carry Laws: Antique Firearms Included?

Oregon's gun laws regulate the manufacture, sale, possession, and use of firearms and ammunition in the state. In Oregon, the right to bear arms is protected by Article 1, Section 27 of the Oregon Constitution. Oregon is a shall-issue state, meaning that the local sheriff's office processes concealed carry applications. However, the sheriff has discretion if there are reasonable grounds to believe that the applicant poses a danger to themselves or others. Oregon does not have reciprocity with other states' concealed handgun licenses, and individuals must obtain an Oregon Concealed Handgun License (CHL) to carry a concealed firearm in the state. This license requires applicants to be at least 21 years old and demonstrate competence with a handgun. While open carry is legal in Oregon without a license, certain cities like Portland prohibit the carry of loaded firearms. Oregon also prohibits the possession of a concealed and readily accessible handgun within a vehicle without a license. Antique firearms are exempt from specific laws, including those pertaining to unlawful possession, issuance of concealed handgun licenses, and manufacture or importation.

Antique firearms are exempt from Oregon's unlawful possession of firearms laws

• ORS 166.250 (Unlawful possession of firearms)
• ORS 166.260 (Persons not affected by ORS 166.250)
• ORS 166.291 (Issuance of concealed handgun license) to ORS 166.295 (Renewal of license)
• ORS 166.410 (Manufacture, importation or sale of firearms)
• ORS 166.412 (Definitions)
• ORS 166.425 (Unlawfully purchasing a firearm)
• ORS 166.434 (Requirements for criminal background checks)
• ORS 166.438 (Transfer of firearms at gun shows)
• ORS 166.450 (Obliteration or change of identification number on firearms)

However, it is important to note that possession of an antique firearm by a person described in ORS 166.250 (1)(c)(B) to (D) or (G) still constitutes a violation of ORS 166.250 (Unlawful possession of firearms). This means that even if an antique firearm is exempt from the unlawful possession of firearms laws, there are still certain individuals who are prohibited from possessing them.

In Oregon, concealed carry of a handgun is only legal with an Oregon Concealed Handgun License (CHL). To obtain a CHL, individuals must be at least 21 years old and demonstrate competence with a handgun through military experience, an approved firearm training course, law enforcement, or an NRA Certified Course. The CHL is valid for four years unless revoked or denied.

Oregon is also an open-carry state, which means that most citizens are allowed to openly carry a firearm without a permit. However, certain cities like Portland and Beaverton prohibit the carry of a loaded firearm, and the state prohibits the possession of a loaded firearm while operating an all-terrain vehicle or snowmobile.

It is important to note that Oregon gun laws are subject to change, and individuals are responsible for staying informed about the current laws to ensure they are in compliance.

Oregon requires a permit to purchase a firearm

In November 2022, Oregon voters approved Ballot Measure 114, which requires a permit to purchase or acquire a firearm. Due to legal challenges, the law is not currently in effect.

To obtain a permit, an individual must submit an application in person to their local law enforcement agency, sign the application, present photo identification, submit fingerprints, and get photographed. Additionally, they must provide proof of completing an approved firearm safety course and pass a background check. The application fee is $65, with a $50 renewal fee.

Once issued, the permit is generally valid for five years and allows the holder to purchase any number of firearms from licensed gun dealers. However, a background check is still required at the point of sale. Oregon law requires firearm sales and transfers to be conducted by or processed through a licensed gun dealer.

Oregon's new law also bans the sale, transfer, or importation of magazines that can hold more than ten rounds of ammunition. Possession of such magazines remains legal, but with some restrictions.

It is important to note that Oregon has less onerous rules around gun purchases compared to some neighbouring states. Owners are not required to have a firearms license or permit, and there is no gun registry. Almost all purchases require a background check through the Firearms Instant Check System (FICS), which approves 96% of applications within minutes.

Concealed Carry Laws in Oregon

Oregon is a "shall-issue" state, which means that county sheriffs will issue a concealed handgun license (CHL) to residents who meet the requirements. The minimum age to carry concealed in Oregon is 21, and applicants must demonstrate competence with a handgun through an approved training course or other means.

Oregon does not honour permits from other states, and non-residents must apply for a CHL by going through the standard application process.

Open Carry Laws in Oregon

Open carry is generally legal in Oregon without a license, but local cities and counties can prohibit open carry of loaded firearms in public places, including vehicles. Open carry is not allowed in certain areas, such as federal facilities and Indian reservations.

Oregon is a shall-issue state for residents

Oregon is a "shall-issue" state for residents. This means that Oregon residents have the right to carry a concealed firearm if they have a license to do so. The license requirement does not apply to those owning, possessing, or keeping a handgun within their residence or place of business.

The process of obtaining a concealed handgun license (CHL) is managed at the county level by the local sheriff's office. Applicants must be US citizens or legal resident aliens who have been residents of the county for at least six months. They must also be at least 21 years old, have no outstanding warrants, and demonstrate competence with a handgun.

Oregon's sheriffs have some discretion in issuing or denying licenses. For example, a sheriff may deny a license if they believe the applicant is likely to be a danger to themselves or others. Additionally, Oregon does not honor permits from other states, and non-residents will generally find it difficult to obtain a CHL.

Oregon does not recognise concealed carry permits from other states

Oregon CHL requirements include:

• Being a resident of Oregon or a resident of a bordering state (Washington, Idaho, Nevada, or California)
• Being a U.S. citizen or a legal alien who has documented continuous residency in the U.S. for at least six months and has declared, in writing, the intent to acquire citizenship (Form N300)
• Being at least 21 years of age
• Demonstrating competence with a handgun through an approved firearms training course, participation in an organised shooting competition, or military experience
• Having no legal condition that would prohibit firearm possession under Oregon or Federal law
• Having no outstanding arrest warrants
• Not having been dishonourably discharged from the Armed Services
• Not being an unlawful user of, or addicted to, a controlled substance
• Not being on any form of pre-trial release
• Not being required to register as a sex offender in any state
• Not having been convicted of a misdemeanour, or found guilty of a misdemeanour within four years prior to the application, except under ORS 151.295
• Not being subject to a citation issued under ORS 163.735 or an order issued under ORS 30.866, 107.700 to 107.723, or 163.738 (e.g. stalking or restraining orders)

It is important to note that Oregon does not have reciprocity with other states' concealed handgun licenses. Individuals wanting to carry a concealed handgun in Oregon will need to obtain an Oregon CHL. However, both residents and non-residents are permitted to openly carry a handgun in Oregon without a permit.

Oregon has a red flag law

The red flag law was passed in 2017 and went into effect in 2018. Since then, it has been used more than 560 times, with judges agreeing to the petitions in 78% of cases. However, there is a lack of awareness about the law among the general public and even law enforcement, which may be a barrier to its use.

The process for filing a petition involves filling out paperwork and attending a court hearing. If the judge signs off on the petition, it is served to the respondent, who has 24 hours to comply. The respondent can request a hearing within 30 days if they wish to contest the order. If they don't, the order goes into effect for one year and is shared with state and national law enforcement databases.

A study of Oregon's red flag law found that it is working as intended, but the adoption rate has been slow. Most of the petitions filed involved interpersonal violence and suicidality, with half of the respondents threatening or attempting to take their lives and also threatening or using violence against others. The study also found that in a quarter of the cases, a petition was filed for people who did not yet own a firearm to prevent them from acquiring one.

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