Oregon and Federal Firearms Laws: What Citizens Need to Know (02.26.17 updates) - Arnold Law in Eugene, Oregon – Powerful Advocacy. Proven Results.

Oregon and Federal Firearms Laws: What Citizens Need to Know (02.26.17 updates)

Weapons in the State Government Workplace – 1-6-2017- State HR Policy #50-010-05

A permit to carry a concealed handgun does not give an employee the authority to use or carry a handgun into the workplace. This policy prohibits weapons in the workplace unless an employee is permitted to carry, handle, operate or transport a weapon as part of the employee’s assigned duties in the course and scope of the employee’s employment.

The following items are excepted from this policy:

  1. Serving utensils when used for eating, serving, etc.;
  2. Self-defense sprays carried for personal protection. Such items shall be stored out of sight and in the employee’s personal belongings, i.e., purse, briefcase, etc. The spray must be contained in a Policy: 50.010.05 3 of 3 Effective: 1-6-2017 State HR Policy Weapons in the Workplace 50.010.05 commercially manufactured capped aerosol device containing no more than 4 ounces of spray with less than 10% concentration of capsicum.
  3. Sporting equipment stored in vehicles for personal use, i.e., baseball bats, martial arts equipment, golf clubs, etc. Firearms, biological or chemical weapons or any explosive devices are not considered sporting equipment for the purposes of this policy.
  4. Agencies have the authority to determine what constitutes an excepted weapon utilizing the exceptions listed above.

SB 941 April 4, 2015 – Background Checks Private Gun Sales and Transfers

If you lend a firearm to a friend without a background check, you are both criminals.

McMinnville Ordinance 4991 June 28, 2015 – Open Loaded Carry Gun Ban for Non-CHL Holders

Similar to Portland’s ban. It is largely unenforceable unless the citizen consents to search or admits to having the weapon loaded.

Proposed 2017 Legislative Session Gun Laws as of 2/23/2017

SB 797 – Delayed Background Check:

If the Oregon State Police fail to finish a person’s background check, the purchaser could be denied purchasing the firearm potentially forever if the State Police do not complete a background check you could literally be denied a firearm’s purchase forever.

Oregon Gun Laws Cheat Sheet

  Long Guns Handguns
Owner Licensing   No No
Purchase Permit No No
Firearm Registration No (except NFA Fully Automatic Machine Guns, “silencers,” short-barreled long guns, etc. need a federal tax stamp) No
Concealed Carry Permit No – you have to be flashy with your rifle or shotgun when transporting it to your vehicle from your office. Yes
Castle Doctrine Kind of but not officially. Oregon law allows for lethal force when a home is being burglarized. Also, Oregon allows lethal force when there is an imminent threat of a violent felony which would include a two-on-one fight.
No-Net Loss of Public Hunting Lands* No. There are no such state laws.
Confidentiality for Concealed Carry Permit Owners Yes. This is an exemption in public records law to prevent anti-gun activists and domestic violence perpetrators from receiving information about who has a CHL.
Right to Carry in Restaurants Yes.  However, if a restaurant or bar says no firearms allowed and you disobey, you could be trespassed from the property and arrested if you refuse.
Concealed Carry Laws “Shall Issue” permit. Oregon is a “shall issue” state, meaning that there is no discretion to deny a CHL permit assuming that there is no stator prohibition.
Concealed Carry Reciprocity None – Oregon does not honor other state’s CHLs like Utah does.
State Constitution Right to Bear Arms State Yes

 

* “Not-Net Loss” meaning: When the state or federal government is required to maintain the hunting grounds that are publically available at the status quo level. If adopted, if any hunting land that is currently open is taking out of hunting circulation additional public hunting lands would have to be opened to mitigate the loss.  This is modeled after President George HW Bush’s no-net loss wetland mitigation plan.

 

National Firearms Act of 1934 – Taxing/Spending Clause

The National Fireams Act of 1934 was a way to use the taxing powers of the federal government to fight gangland violence of Prohibition. This was the beginning of certain classes of firearms being registered with the federal government ostensibly to be taxed but in reality to be tracked and limited, since the $200 tax was equivalent to over $3,000 indexed for inflation (a similar goal of the South’s poll taxes).   Concealable long guns and fully automatic machine guns were regulated heavily as a result. Traditional handguns, rifles and shotguns were not regulated.

In Haynes v. United States (1968), SCOTUS struck several provisions of the act. As a result, Congress said that all existing NFA firearms that were presently unregistered could only registered by the government and not by a citizen, thus taking many existing firearms out of legal circulation.  This can affect your practice when someone dies and has a registerable NFA firearm that was not registered.  That other needs to be destroyed or oftentimes dealers will part it out with questionable legality.

Gun Control Act of 1968 – Commerce Clause:

Prohibits interstate trade of firearms except by a federally licensed dealer, manufacturer or importer. Hence, if you want to sell or buy a gun online, you have to pay a fee to two dealers, one in each state.  The practical outcome is that many dealers charge very little for the background check to do this.

Firearm Owners Protection Act of 1986

This was a rewrite of the Gun Control Act of 1968. The majority consequences of the act was giving the ATF narrower to decrease complaints that agents were prosecuting normal citizens with no criminal intent who simply didn’t know the 1968 acts rules

  1. New Machine Guns Banned: now all machine guns legally on the market are manufactured pre-1986. This has caused all existing machine guns to be one durable good with a finite supply that appreciates every year, leading to a market for machine guns as investments.
  2. Safe Passage: Gun owners traveling from state to state cannot be arrested in a state with stricter gun laws than the state they came from s long as they are just stopping for food or gas and the gun and ammunition are unloaded and not readily accessible. For automobiles, you have to lock up the gun separate from the driver compartment

Brady Handgun Violence Prevention Act of 1993 (the Brady Bill):

  1. Universal background checks for federally licensed dealer sales.
  2. No possession of firearms if under felony indictment or information (virtually all court release agreements for felonies ban weapons as well)
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