Oregon Gun Control Laws

By John Mascolo, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed November 09, 2024

In the U.S. Congress and many states, tension has grown over the nature and scope of the nation's gun control laws. The regular mass shootings and prevalence of gun deaths of children frustrate the public. Lawmakers look for balance in laws that promote public safety but do not penalize responsible gun owners. The proper approach to issues of gun violence often divides communities.

Oregon laws reflect the challenge of this balancing act. The state constitution includes a right to bear arms. The Beaver State contains millions of acres of public land open to hunting and fishing. Yet, the state also hosts major cities like Portland, Eugene, and Salem that experience concerns about gun crime.

Federal Gun Control Laws

Federal and state governments enact gun control laws. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issues and enforces firearms regulations from the federal government. Federal law sets rules for licensed firearms dealers. It also limits ownership of certain dangerous weapons, like machine guns, and bans certain dangerous people from having guns.

Gun Control Laws in Oregon: Overview

State gun laws are usually more comprehensive than federal law. Still, state laws that regulate the purchase and use of guns vary quite a bit from state to state, often reflecting regional traditions and attitudes toward guns. Some states require a permit for buying a gun or include a waiting period for a background check. Other states have very few restrictions.

Oregon does not ban assault weapons. The open carry of firearms is legal, but some restrictions are in sensitive locations and safety concerns in larger cities. The state requires a concealed carry permit for handguns.

In 2022, Oregon voters narrowly passed Measure 114, a gun safety law. This ballot measure included a ban on high-capacity magazines and the creation of a firearm purchase permit. A month after its approval, the law was challenged in court by two Oregon gun owners, halting its implementation. A judge ruled that the law’s magazine capacity limit and permit requirement violated the Oregon Constitution. The state appealed.

In 2024, arguments regarding Measure 114 were presented to a panel of judges as part of the state's appeal process. The Oregon Court of Appeals will make a decision, but regardless of the outcome, the case is expected to proceed to the Oregon Supreme Court. The legal battles over Measure 114 are expected to continue for months or even years before a final resolution is reached.

Oregon Concealed Handgun License

If you want to carry a concealed handgun in the state of Oregon, you need to get a concealed handgun license (CHL). The law has exceptions for those who only conceal a pistol at their homes or places of business.

State law has objective criteria you must meet to get a CHL. This includes passing a criminal background check proving that you are not legally prohibited from having a firearm.

You file your application with your local county sheriff. You must give your fingerprints and two references as part of the application process. The sheriff's office will photograph you as well. You must be 21 or older to apply. You also must show competence with the handgun — usually by proof you completed a firearms safety course. There are no waiting periods under Oregon law. So, once you meet all the criteria, the state will issue you a license.

CHL holders have limited location restrictions. For example, even with a concealed weapons permit, you can't take a gun into a courthouse or into the secure area of a correctional facility or a commercial airport.

Oregon has no reciprocity law. So, the sheriff is not likely to recognize a concealed carry license from out of state. If you have concerns or questions about that, get answers before you travel to Oregon with a firearm.

Ban on Undetectable Firearms

In 2021, state lawmakers passed a law prohibiting so-called "ghost guns," firearms that a metal detector can't detect. The law defines an undetectable firearm as one that:

Was constructed or produced entirely of nonmetal substances (including by 3D printing)
Is not detectable by a walk-through metal detector after removal of grips, stocks, and magazines
Includes a major component that does not generate an accurate image in X-ray devices commonly used at airports

The law also bans firearms without a serial number and unfinished frames and receivers.

Overview of Oregon Gun Control Laws

More details of Oregon's gun control laws are below.

Relevant Oregon gun control laws	Oregon Revised Statutes Title 16, Crimes and Punishments Chapter 166, Sections 166.005 through 166.735 Section 166.170 — State preemption Section 166.173 — City or county regulation of possession of loaded firearms in public places Section 166.250 — Unlawful possession of firearms Section 166.255 — Unlawful possession of firearm or ammunition Section 166.265 — Manufacture, importation, or sale or undetectable firearm prohibited; penalties Section 166.266 — Sale or possession of firearm; serial number required Section 166.267 — Importation, sale, or possession of unfinished frame or receivers; requirements Section 166.270 — Possession of weapons by felons Section 166.272 — Possession of machine guns, short-barreled firearms and firearm silencers Section 166.291 — Concealed handgun license Section 166.355 — Prohibitions and exceptions to large capacity magazines Section 166.370 — Possession of firearm or dangerous weapon in public building or court facility; exceptions Section 166.377 — School allowance to ban the carrying of concealed handguns Section 166.395 — Securing of firearms; violations; negligence; exceptions Section 166.397 — Reporting lost or stolen firearms Section 166.410 — Manufacture, importation, or sales of firearms Section 166.425 — Unlawful purchase of firearm Section 166.450 — Alteration, removal, or obliteration of firearm identification number Section 166.505 — Permit to purchase Sections 166.525 to 166.620 — Extreme risk protection orders
Illegal arms	Oregon law bans the following: Machine guns* Short-barreled rifles* Short-barreled shotguns* Firearms silencers* Large capacity magazines** Undetectable firearms Unfinished frames and receivers unless registered and lawful under federal law *blocked due to litigation
Waiting period	Oregon does not have a waiting period for purchasing a gun.
Who may not own	It is illegal to have a firearm in Oregon if a person: Is under 18 years of age (with limited exceptions for long guns when provided by a parent or guardian or for hunting, target practice, or other lawful purpose) Was within the jurisdiction of the juvenile court for an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence and was discharged from the jurisdiction of the juvenile court within four years Has a felony conviction Was committed to the Oregon Health Authority for mental illness Was a person with mental illness and subject to an order prohibiting purchasing or possessing a firearm as a result of that mental illness Is subject to an order prohibiting purchasing or possessing a firearm Has been found guilty except for insanity of a felony Is the subject of a protective order related to domestic violence Has been convicted of a qualifying misdemeanor offense of domestic violence or stalking Has an unfinished frame or receiver and is prohibited from possessing firearms under state law
License required?	No. A license is not required to own a gun in Oregon.
Concealed carry license required?	Yes. Oregon requires a concealed handgun license (CHL) to carry a concealed firearm away from the home or place of business.
Open carry allowed?	It depends. In general, open carry of firearms is allowed in Oregon. But local jurisdictions can ban the carry of firearms in public places by persons who do not hold a CHL or who are not otherwise authorized (like police officers). For example, see Multnomah County Ordinance 15.064.
Eligibility for a concealed carry license	To be eligible for a concealed handgun license, a person must: Be a citizen of the United States or a legal resident noncitizen who has had continuous residency in the county for at least six months and has declared intent to get citizenship Be at least 21 Be a resident of the county where the person is applying for a license Show competence with a handgun through an approved safety or training course Have no outstanding warrants for arrest Not be free on any form of pretrial release Never have been convicted of a felony or found guilty of a felony, except for insanity Not have been convicted of a misdemeanor or found guilty, except for insanity, of a misdemeanor within the four years before the application Not have been committed to the Oregon Health Authority for mental illness Not be a person with mental illness and not subject to an order that the person is prohibited from purchasing or possessing a firearm as a result of that mental illness Have been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, the person was within the jurisdiction of the juvenile court for an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence Not convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program (with limited exceptions related to a marijuana offense) Not be subject to a citation issued for stalking or certain protective orders Not have received a dishonorable discharge from the Armed Forces of the United States Not be required to register as a sex offender in any state Not be subject to an order prohibiting the person from purchasing or possessing a firearm
Machine gun laws	It is illegal to own or possess a machine gun in Oregon unless it is registered and authorized under federal law.
Penalties for illegal firearm possession	Oregon's penalties for illegal firearm possession depend on the offense: Unlawful possession of a firearm is a Class A misdemeanor punishable by up to 364 days in jail, a fine of up to $6,250, or both. Having a previous felony conviction and possessing a firearm is a Class C felony punishable by up to five years in prison, a fine of up to $125,000, or both. Possessing a firearm in a courthouse or public building is a Class C felony, punishable by up to five years in prison, a fine of up to $125,000, or both. Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer is a Class B felony punishable by up to 10 years in prison, a fine of up to $250,000, or both. Manufacture, importation, or sale of an undetectable firearm is a Class B felony punishable by up to 10 years in prison, a fine of up to $250,000, or both.
Penalties for illegal possession on or near school grounds	Possessing a loaded or unloaded firearm on school property is a Class C felony punishable by up to five years in prison, a fine of up to $125,000, or both.
Red flag law?	Yes. Oregon's Red Flag Law took effect in 2018. When a person is at risk of causing physical harm to self or others, a family or household member or law enforcement officer can petition the court for an order banning possession of firearms. If the court agrees, it can issue an extreme risk protection order to remove guns. Orders can last up to one year.
Universal background checks?	Yes. State law requires that all firearm transfers go through a licensed firearms dealer. There are exceptions for transfers to law enforcement, the armed forces, and between family members.
Stand your ground law?	Although there is no specific "Stand Your Ground" statute, the Oregon Supreme Court has held that state self-defense law does not require a duty to retreat before using force necessary to defend against an imminent attack. See State v. Sandoval (2007).

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.

Court Challenges After the Bruen Case

In 2022, the U.S. Supreme Court issued a major gun rights decision in New York State Rifle & Pistol Association v. Bruen. The Supreme Court struck down a New York concealed weapons licensing law, finding the law provided too much discretion to local officials to deny permits for persons seeking to carry a gun in public. Its ruling altered years of case precedent in the lower courts related to the Second Amendment and firearm regulations.

The Court's 6-3 majority held that lower courts must use a "historical" test when reviewing claims that a gun regulation interferes with the right to bear arms. When a law burdens a person's gun rights, the state must show that the public safety concerns behind the law align with regulations that existed when the Second Amendment passed.

After Bruen, gun owners, and associations have filed many lawsuits to invalidate firearm regulations. In Oregon, a federal judge upheld provisions of the Measure 114 ballot initiative, finding they met the Bruen test. In contrast, an Oregon state judge blocked the gun law from taking effect, claiming it violated the state's constitutional right to bear arms. Each case is now before the appropriate court of appeals for further review.