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#Oregon Gun Laws - Purchase, Possession and Carrying

Charles Montaldo is a Private Detective who has worked in various areas of crime detection. Read more

Carry

It is unlawful to carry concealed upon the person or concealed about one’s person in a vehicle any firearm unless one has a license to carry a concealed weapon.

Exceptions to the above prohibition are:

Application for a license to carry a concealed weapon is made to the sheriff of a county who shall take fingerprints and a photograph and shall issue the person within 45 days of application a concealed handgun license if the person:

• Is a citizen of the U.S. or a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the Immigration and Naturalization Service the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license.

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• Is at least 21 years of age.
• Has a principal residence in the county in which the application is made.
• Has no outstanding warrants for arrest.
• Is not free on any form of pretrial release.
• Demonstrates competence with a handgun by one of the prescribed handgun safety programs, or can certify training in the armed forces, or has a license already.
• has never been convicted or found guilty of a felony, except for insanity.
• Has not been convicted of or found guilty, except for insanity, of a misdemeanor, within the last four years.
• Has not been committed to the Mental Health and Developmental Disability Services Division.
• Has not been found to be mentally ill and is not subject to an order that the person be prohibited from purchasing or possessing a firearm.
• Has been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, the person was found to be within the jurisdiction of the juvenile court for having committed an act, if committed by an adult, would constitute a felony or a misdemeanor involving violence.
• Has not been cited for stalking, or under a protective order.

The license is valid for four years and the issuance and renewal fee is $50.

There is a $15 fee to the Dept. of State Police for taking fingerprints.

There is a $15 fee for duplication of a license because of loss or change of address.

If the application for the concealed handgun license is denied, revoked, or not renewed a person may petition the circuit court in the petitioner s county of residence to review the denial, non-renewal or revocation.

The petition must be filed within 30 days after the receipt of the notice of denial or revocation. No civil or criminal liability shall attach to the authority issuing, receiving or investigating an application.

Antiques and Replicas

Antique firearm includes any firearm manufactured in or before 1898, any replica of such firearm not designed or redesigned for fixed ammunition, or a replica that uses fixed ammunition that is no longer manufactured in the U.S. and not readily available in ordinary channels of commercial trade.

While generally by definition, firearms laws do not apply to antique firearms, in Oregon those prohibited from possession of firearms, are expressly prohibited from possession of antique firearms.

Machine Guns

It is lawful to possess a machine gun provided it is registered in conformity with federal law and if the person has in the person’s immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is registered under federal law.

Miscellaneous

It is unlawful to set any loaded spring gun, except for the purpose of destroying gophers, moles and other burrowing rodents.

It is unlawful to intentionally change, alter, remove or obliterate the serial number or identification number on any handgun. Possession of a handgun with its marks altered, removed or obliterated creates a legal presumption that the possessor committed the offense.

It is unlawful to discharge any firearm or air rifle upon or across any public road or railway right of way or upon or across the ocean shores within the state recreation areas.

It is unlawful to purposefully point any loaded or empty firearm toward any other person within the weapon’s range except in self defense.

It is unlawful to possess a firearm loaded or unloaded in a public building. “Public building” means a hospital, capitol building, a public or private school, college or university, a courthouse, city hall, or residence of any state official and the grounds adjacent to each such building. This restriction does not apply to individuals licensed under Oregon law to carry concealed weapons.

No county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition .

Sources: Ore. Rev. Stat. §§ 166.170 - 166.630