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Oregon-Constitutional-Carry-Laws.md

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Oregon Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Oregon Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Federal and State Gun Control Laws

While some firearms regulations originate from federal mandates, the responsibility for enacting and enforcing gun control laws primarily falls on individual states. These laws often vary significantly from state to state, reflecting local customs and attitudes toward firearms. Requirements for purchasing and carrying guns can range widely, with some states imposing strict permitting processes and waiting periods, while others maintain fewer restrictions.

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Gun Control Laws in Oregon: Overview

Oregon’s approach to gun regulation is relatively permissive, permitting both open carry and concealed carry with the appropriate licenses. Individuals with open carry licenses are exempt from local firearms ordinances under state law, which supersedes any local regulations. Background checks in Oregon are conducted electronically at the point of sale, eliminating the need for a waiting period when purchasing firearms.

Key details of Oregon’s gun control laws are outlined below.

Relevant Statutes (Laws)

Oregon Revised Statutes Title 16, Chapter 166, Sections 166.180 through 166.370

  • Unlawful possession of firearms — Section 166.250
  • Unlawful possession of firearm or ammunition — Section 166.255
  • Possession of weapons by felons — Section 166.270
  • Possession of machine guns, short-barreled firearms, and firearm silencers — Section 166.272
  • Concealed handgun license — Section 166.291
  • Possession of firearm or dangerous weapon in public building or court facility; exceptions — Section 166.370

Prohibited Firearms

Oregon law prohibits the possession of:

  • Machine guns
  • Short-barreled rifles
  • Short-barreled shotguns
  • Firearm silencers

Waiting Period

There is no waiting period for purchasing a gun in Oregon.

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Prohibited Ownership

In Oregon, it is illegal to possess a firearm if an individual:

  • Is under 18 years of age
  • Has been adjudicated within the jurisdiction of the juvenile court for an offense that would constitute a felony or violent misdemeanor if committed by an adult, within the last four years
  • Has a felony conviction
  • Has been committed to the Oregon Health Authority for mental illness
  • Has been determined to have a mental illness that results in a prohibition order against firearm possession
  • Is currently subject to a prohibition order against firearm possession
  • Has been found guilty except for insanity of a felony
  • Is subject to a protective order related to domestic violence
  • Has a domestic violence conviction
  • Has a stalking conviction
  • Has a felony conviction

License Requirement

No license is required to own a gun in Oregon.

Concealed Carry License Requirement

Oregon mandates a concealed handgun license for carrying a concealed firearm.

Open Carry Permitted

Open carrying of firearms is permitted in Oregon.

Eligibility for Concealed Carry License

To qualify for a concealed handgun license in Oregon, an applicant must:

  • Be a U.S. citizen or a legal resident alien with continuous county residency of at least six months and a declared intent to obtain citizenship
  • Be at least 21 years old
  • Be a resident of the county where applying for the license
  • Demonstrate handgun competence through an approved safety or training course
  • Have no outstanding warrants for arrest
  • Not be on any form of pretrial release
  • Never have been convicted of a felony or found guilty except for insanity
  • Not have been convicted of a misdemeanor or found guilty, except for insanity, of a misdemeanor within the past four years
  • Not have been committed to the Oregon Health Authority for mental illness
  • Not have a mental illness that results in a prohibition order against firearm possession
  • Have been discharged from juvenile court jurisdiction for more than four years if found within juvenile court jurisdiction for a felony or violent misdemeanor while a minor
  • Not have been convicted of a controlled substance offense or participated in a court-supervised drug diversion program
  • Not be subject to a stalking citation or specific protective orders
  • Not have received a dishonorable discharge from the U.S. Armed Forces
  • Not be required to register as a sex offender in any state
  • Not currently be subject to a prohibition order against firearm possession

Machine Gun Regulations

Except for compliance with federal law, owning or possessing a machine gun in Oregon is illegal.

Penalties for Illegal Firearm Possession

Oregon imposes varying penalties for illegal firearm possession:

  • Possessing a firearm unlawfully constitutes a Class A misdemeanor, punishable by up to one year in prison and a fine of up to $6,250.
  • Possessing a firearm with a previous felony conviction constitutes a Class C felony, punishable by up to five years in prison and a fine of up to $125,000.
  • Possessing a machine gun, short-barreled rifle, short-barreled shotgun, or firearm silencer unlawfully constitutes a Class B felony, punishable by up to 10 years in prison and a fine of up to $250,000.

Constitutional Carry Laws