Oregon Concealed Carry
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Concealed Carry In Oregon
Oregon concealed carry rights are a mixed bag, and the state's lackluster 2017 legislative session did little to help improve them -- the most notable bill, HB 2127, would have mandated the Department of Justice to create and maintain a CCW permit reciprocity list.
SB 719A received backing in the 2017 legislative session. It would create an "extreme risk protection order" that would prohibit an individual from owning deadly weapons when they pose a risk to him or herself or to others. SB 1065, also introduced, would alter the training requirement for concealed carry permits to include at minimum 25 rounds of live fire practice.
Concealed carry in Oregon is a Class A misdemeanor, as per ORS 166.250, unless the gun owner has a concealed handgun license issued under ORS 166.291 and ORS 166.292.
There is an exception to carry and/or possess firearms in one's place of residence (recreational vehicles count as a place of residence) or business, so long as the individual isn't prohibited from possessing a firearm under applicable state and federal statutes. Without a CHL, firearms in motor vehicles are restricted if "readily accessible" in a passenger compartment, but there is language in Oregon's statutes on what "readily accessible means."(4)(a) Except as provided in paragraphs (b) and (c) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.
(b) If a vehicle, other than a vehicle described in paragraph (c) of this subsection, has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:
(A) The handgun is stored in a closed and locked glove compartment, center console or other container; and
(B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.
(c) If the vehicle is a motorcycle, an all-terrain vehicle or a snowmobile, a handgun is not readily accessible within the meaning of this section if:
(A) The handgun is in a locked container within or affixed to the vehicle; or
(B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm.
Here's how to (maybe) snag one of those permits, where it will allow you to carry and how Oregon's reciprocity is panning out.
How To Get Ahold Of An Oregon Concealed Carry Permit
Image CreditThe Oregon concealed carry permit is issued by county sheriffs, meaning there are 36 issuing authorities throughout the state. Oregon Gun Owners have compiled a list of links to each county's respective license authority and application process.
However, there is a state-mandated procedure and list of requirements for the "shall-issue" four-year permit.
- A county sheriff shall issue the license if the applicant:
- Is a U.S. citizen
- Is 21 years old
- Is a county resident
- Has no arrest warrants
- Does not have any form of pretrial release
- Demonstrates handgun competency with an approved training/safety course as per ORS 166.291(f)(A-G)f) Demonstrates competence with a handgun by any one of the following:
(A) Completion of any hunter education or hunter safety course approved by the State Department of Fish and Wildlife or a similar agency of another state if handgun safety was a component of the course;
(B) Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course;
(C) Completion of any firearms safety or training course or class available to the general public offered by law enforcement, community college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or a law enforcement agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, reserve law enforcement officers or any other law enforcement officers if handgun safety was a component of the course; (E) Presents evidence of equivalent experience with a handgun through participation in organized shooting competition or military service;
(F) Is licensed or has been licensed to carry a firearm in this state, unless the license has been revoked; or
(G) Completion of any firearms training or safety course or class conducted by a firearms instructor certified by a law enforcement agency or the National Rifle Association if handgun safety was a component of the course; , but it's not necessary for a renewal license. - Has not been found guilty of a felony or misdemeanor (with an exception for insanity under ORS 161.295)
- Has not been committed to the Oregon Health Authority under ORS 426.130 and has not been found to have mental illness
- Has been discharged from the jurisdiction of a juvenile court for more than four years if while a minor they committed an act that would be tried as a felony or violence misdemeanor if they were an adult
- Has not been convicted of an offense related to controlled substances
- Is not subject to citations under ORS 163.735, 30.866 (violating a stalking protective order), 107.700, 107.735 or 163.738
- Has not been dishonorably discharged from the U.S. Armed Forces
- Is not required to register as a sex offender anywhere in the U.S.
- Is not subject to ORS 426.133 that prohibits one from purchasing or possessing a firearm
The applicant must pay the county sheriff's respective fees ($65 for a new license and $50 for renewal) and comply with their respective procedures. There will be an application form, and the applicant will be fingerprinted and photographed by the sheriff. A background check will be ran for any disqualifying criminal and mental health records.
Two character references will be included on the application form.All the procedures for renewing the license are similar to the initial application process, except fingerprints and character references. Nonresidents who live in states bordering Oregon may apply for a license, according to ORS 166.291 (8), if they have a compelling need or business interest(8) The county sheriff may waive the residency requirement in subsection (1)(c) of this section for a resident of a contiguous state who has a compelling business interest or other legitimate demonstrated need..
The initial application will be approved or denied within 45 days. If granted, the license must be on hand whenever carrying a concealed handgun.
However, note that within ORS 291.293 statutory law outlines "a sheriff may deny a concealed handgun license if the sheriff has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant's mental or psychological state or as demonstrated by the applicant's past pattern of behavior involving unlawful violence or threats of unlawful violence."
Aside from restrictions on who may carry in public, there are general restrictions on unlawful possession of firearms (ORS 166.250) and who may not possess firearms or ammunition (166.255). These largely relate to domestic violence charges, protection orders, those under the age of 18 owning a firearm and the previously listed restrictions.
The Oregon State Police released a document itemizing the federal and state restrictions on purchasing firearms.
But, there isn't a restriction on open carry. Note that this isn't a completely exhaustive guide to concealed carry in the state and is formal not legal advice.
There are consistent updates on handgun possession and carrying laws, like in April of 2017 when Oregon's Chief Human Resources Office within the Department of Administrative Services placed restrictions on handguns in the workplace in State HR Policy 50-010-05.
Where Concealed Carry In Oregon Is Off Limits
That HR policy on weapons in the workplace added another location where concealed carry in Oregon is restricted, but it pertains to state employees working in buildings owned by the state of Oregon.
If the state employee has a concealed carry permit issued under ORS 166.291 and 166.292 they may store their handgun in a closed and locked container in their motor vehicle.
Carrying a handgun in a public building (including court facilities) is a class C felony under ORS 166.370, unless one has a concealed handgun license. Firearms may be on school property if they're unloaded and locked in a motor vehicle.
What is a "public building"? Well, it's defined in ORS 166.360 as a hospital, a capitol building, a public or private school, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building.
Under ORS 166.380Except as provided in subsection (2) of this section, a peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.
(2) A person who is licensed under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) to carry a concealed handgun may present a valid concealed handgun license to the peace officer instead of providing the firearm to the peace officer for examination. [1969 c.705 SS3; 2015 c.605 SS1] , an officer may request to examine a handgun to see if it is loaded, but CCW license holders may present their permit in lieu of the handgun under that statute.
There are state preemption laws, as per ORS 166.170, that silo to the Legislative Assembly the ability "to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition..."
However, ORS 166.171 gives counties the ability to regulate the discharge of firearms, and ORS 166.173 gives cities and counties the ability to regulate the possession of loaded firearms in public placesORS 161.015: "Public place" means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation., but those rulings do not pertain to those licensed to carry a concealed handgun.
Possession of firearms in state forest designated recreation areas used to be prohibited, but has since been amended under 629-025-0050 (5) to just restrict discharge of weapons.
Firearms may not be carried onto Department of Corrections facilities, according to 291-016-0030. Firearms may not be possessed on racecourses, according to Oregon Racing Commission regulation 462-130-0010 (1) (w).
According to the Douglas County Sheriff's office, concealed carriers need the written permission of a tribal judge to carry on Native American reservations and properties.
There may be other location restrictions not listed here. If you have any applicable laws, please list them in the comments. This is a living document.
There is a pretty important piece of information that hasn't been addressed yet.Oregon Concealed Carry Reciprocity Agreements
Oregon concealed carry reciprocity by all accounts means the state doesn't recognize out-of-state permits.About half of the U.S. recognizes the Oregon concealed carry permit. This can be tracked with a .
Aside from 2017's HB 2127, in the 2015 legislative session HB 3093 similarly pushed for reciprocity agreements with other states that recognized Oregon's permit. It failed to become law.
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About The Author Jake Smith (@notjakesmith) is a copywriter and photographer based in the pacific northwest. He graduated from the University of Idaho with degrees in public relations and apparel. |