Oregon Concealed and Open Carry Law by Attorney Mike Arnold - Arnold Law in Eugene, Oregon – Powerful Advocacy. Proven Results.

Oregon Concealed and Open Carry Law by Attorney Mike Arnold

State Concealed and Open Carry Law:

Open carry is legal in Oregon with some exceptions below.  Oregon is a “shall issue” CHL state.

Individuals prohibited from carrying a firearm in Oregon

  1. Felons (relief mechanisms provided by statute). ORS 166.250 (Unlawful Possession of Firearms)
  2. Minors less than 18 (with hunting exceptions or parental permission. No handguns unless): “A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm: (A) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or (B) Temporarily for hunting, target practice or any other lawful purpose; or
  3. Juvi court discharge in previous four years.”
  1. Adjudicated FAPAs/SPOs, DV crimes with a domestic partner element (Federal Violence Against Women Act) (default judgment doesn’t trigger ban due to Due Process issues).
  2. Mental ill commitment, etc.

Place and Circumstance Limitations

  1. Concealed on person or in vehicle (within reach) unless CHL permit. ORS 166.291
  2. Certain public buildings prohibited (except with a CHL) and all courthouses unless presiding judge permits (there are other exceptions listed in the statute). ORS 166.370
  3. State Preemption–ORS 166.173(1): “A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.”
    (1) “Ordinances adopted under subsection (1) of this section do not apply to or affect” (a) LEOs, (b), official military duty, (c) CHL holder; (d) A person given permission to have a loaded firearm at a public building or courthouse under ORS 166.370; (e) USDA lawfully taking wildlife; (f) Honorably retired LEO without convictions.

    1. Known bans on open carry: Portland, Beaverton, Tigard, Oregon City, Salem, Independence, Multnomah County.
  4. Mandatory reporting at a school. ORS 339.315 requires that public school employees call the police and that the police investigate.

SUMMARY

  1. CHL okay
    1. Public Schools
    2. Colleges
    3. Public buildings (even when they post and say it’s a felony)
    4. Bars, restaurants, etc.
  1. CHL still arrested
    1. State, municipal and justice courts.
    2. Federal facilities
    3. Posted private property (subject to trespass).
    4. Tribal lands
    5. Certain federal lands have restrictions.

Handguns in Cars

In Oregon it is entirely legal to have a loaded handgun in your car.  However, Oregon does allow cities and counties to prohibit carrying loaded firearms in a public place which could include your car (see pre-emption above).

In those cities that restrict a handgun generally may not be openly carried or not “readily accessible.” This means having it locked in your trunk or locking glove box/console/gun case. In other words, you can conceal carry without a CHL in a car if it’s “not readily accessible.”  Or you can sit it on the seat next to you or on the dash and make the officer nervous.

There is no requirement in Oregon to notify a police officer at a traffic stop that you carry or answer their question regarding the same. Practically, there are mixed results with this. Some are very polite and some are hostile if you tell them.

Medical and Recreational Marijuana

In Oregon, you can have a concealed handgun license with a medical marijuana card.  Willis v. Winters (2011).  18 USC 922(t)(3)(A)(ii) does not apply to medical marijuana because they are not an “unlawful user of or addicted to controlled substances.” The federal statute thus makes it a federal crime for a person who uses marijuana in violation of federal law to possess a firearm in or affecting commerce.s

CHL Requirements

  1. Citizenship: Be a U.S. citizen, or a legal alien who can document continuous residency in the United States for at least six months and has declared, in writing, to the INS your intent to acquire citizenship (Form N300).
  2. Age – 21: Be at least 21 years of age.
  3. Lawful Firearm Owner (no felons, FAPAs, etc.). You can have no legal condition that would prohibit you from possessing a firearm under either Oregon or Federal law.
  4. No outstanding warrants.
  5. No dishonorable discharge.
  6. Not an unlawful user or addicted to cannabis or other controlled substances.
  7. Not on pretrial release.
  8. Not a registered sex offender.
  9. No misdos within last 4 years.
  10. No DV pending or ROs/SPOs
  11. Firearm Competence: hunter safety course or NRA firearms training. LEO training, etc.
  12. Pay Fee
  13. Fingerprints for background check

Read more about Oregon gun laws.

 

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