OREGON GUN LAWS

Possession of Firearm or Dangerous Weapon in Public Building or Court Facility; Exceptions; Discharging Firearm at School.

(1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.

(2)(a) Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:

• (A) A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.
• (B) A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a law enforcement officer or to immediately remove it from the court facility. A person who fails to comply with this subparagraph is guilty, upon conviction, of a Class C felony.
• (C) A firearm in a local court facility is guilty, upon conviction, of a Class C felony if, prior to the offense, the presiding judge of the local court facility entered an order prohibiting firearms in the area in which the court conducts business and during the hours in which the court operates.
  • (b) The presiding judge of a judicial district may enter an order permitting the possession of specified weapons in a court facility.
  • (c) Within a shared court facility, the presiding judge of a municipal court or justice of the peace district may not enter an order concerning the possession of weapons in the court facility that is in conflict with an order entered by the presiding judge of the circuit court.

(3) Subsection (1) of this section does not apply to:

• (a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment.
• (b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.
• (c) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.
• (d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
• (e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.
• (f) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a firearm in the course of the lawful taking of wildlife.
• (g) Possession of a firearm on school property if the firearm:
  • (A) Is possessed by a person who is not otherwise prohibited from possessing the firearm; and
  • (B) Is unloaded and locked in a motor vehicle.

(4) The exceptions listed in subsection (3)(b) to (g) of this section constitute affirmative defenses to a charge of violating subsection (1) of this section.

(5)(a) Any person who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place that the person knows is a school shall upon conviction be guilty of a Class C felony.

• (b) Paragraph (a) of this subsection does not apply to the discharge of a firearm:
  • (A) As part of a program approved by a school in the school by an individual who is participating in the program;
  • (B) By a law enforcement officer acting in the officer’s official capacity; or
  • (C) By an employee of the United States Department of Agriculture, acting within the scope of employment, in the course of the lawful taking of wildlife.

(6) Any weapon carried in violation of this section is subject to the forfeiture provisions of ORS 166.279.

(7) Notwithstanding the fact that a person’s conduct in a single criminal episode constitutes a violation of both subsections (1) and (5) of this section, the district attorney may charge the person with only one of the offenses.

(8) As used in this section, “dangerous weapon” means a dangerous weapon as that term is defined in ORS 161.015

Department of Corrections Facility Access

(5) No person will leave or carry onto the grounds of the facility explosive devices, firearms, ammunition, alcoholic beverages, narcotics, dangerous drugs, and objects or material of any kind which might be used to compromise the security, sound order, or discipline of the facility,

Definitions For ORS 166.360 to 166.380. As Used in ORS 166.360 to 166.380, Unless the Context Requires Otherwise:

(1) “Capitol building” means the Capitol, the State Office Building, the State Library Building, the Labor and Industries Building, the State Transportation Building, the Agriculture Building or the Public Service Building and includes any new buildings which may be constructed on the same grounds as an addition to the group of buildings listed in this subsection.

(2) “Court facility” means a courthouse or that portion of any other building occupied by a circuit court, the Court of Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel related to the operations of those courts, or in which activities related to the operations of those courts take place.

(3) “Judge” means a judge of a circuit court, the Court of Appeals, the Supreme Court, the Oregon Tax Court, a municipal court, a probate court or a juvenile court or a justice of the peace.

(4) “Judicial district” means a circuit court district established under ORS 3.012 or a justice of the peace district established under ORS 51.020.

(5) “Juvenile court” has the meaning given that term in ORS 419A.004.

(6) “Loaded firearm” means:

• (a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.
• (b) A muzzle-loading firearm which is capped or primed and has a powder charge and ball, shot or projectile in the barrel or cylinder.

(7) “Local court facility” means the portion of a building in which a justice court, a municipal court, a probate court or a juvenile court conducts business, during the hours in which the court operates.

(8) “Probate court” has the meaning given that term in ORS 111.005.

(9) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, 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. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.

(10) “Weapon” means:

• (a) A firearm;
• (b) Any dirk, dagger, ice pick, slingshot, metal knuckles or any similar instrument or a knife, other than an ordinary pocketknife with a blade less than four inches in length, the use of which could inflict injury upon a person or property;
• (c) Mace, tear gas, pepper mace or any similar deleterious agent as defined in ORS 163.211; (d) An electrical stun gun or any similar instrument;
• (e) A tear gas weapon as defined in ORS 163.211;
• (f) A club, bat, baton, billy club, bludgeon, knobkerrie, nunchaku, nightstick, truncheon or any similar instrument, the use of which could inflict injury upon a person or property; or
• (g) A dangerous or deadly weapon as those terms are defined in ORS 161.015.

Racing Commission Prohibited Conduct

(w) Possess on a racecourse any deadly weapon or firearm, a BB gun, blow gun, pellet gun or similar device, except law enforcement officers, commission officials and security personnel.

(3) Indian Reservation and Indian Property

You must have written permission of the tribal judge. This also applies to certain casinos that are on Indian lands.

Issuance of Concealed Handgun License; Application; Fees; Liability.
(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.

Examination of Firearm by Peace Officer; Arrest For Failure to Allow Examination.

(1) (Except 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 and 166.292 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. [

Procedure for Issuing; Form of License; Duration.

(1) If the application for the license is approved, the sheriff shall issue and mail or otherwise deliver to the applicant at the address shown on the application, within 45 days of the application, a wallet sized license bearing the photograph of the licensee. The license must be signed by the licensee and carried whenever the licensee carries a concealed handgun.

(2) Failure of a person who carries a concealed handgun also to carry a concealed handgun license is prima facie evidence that the person does not have such a license.

(a) Not concealed or
(b) “Not readily accessible.” (If Concealed)
“Not readily accessible" (for now) means:
(4)(a) Except as provided in paragraph (b) 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 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. However, localities are allowed to regulate loaded firearms in “public places” which now includes your car.

This only applies to people without a Concealed Handgun License.

Unlawful Possession of Firearms.

(1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:

• (a) Carries any firearm concealed upon the person;
• (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or
• (c) Possesses a firearm and:
  • (A) Is under 18 years of age;
  • (B)
  • (i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and
  • (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;
• (C) Has been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony;
• (D) Was committed to the Department of Human Services under ORS 426.130; or
• (E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or
• (F) Has been found guilty except for insanity under ORS 161.295 of a felony.

(2) This section does not prohibit:

• (a) 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
• (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person's place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person's place of residence or place of business is required of any such citizen. As used in this subsection, "residence" includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

(3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

• (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 a 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.

(5) Unlawful possession of a firearm is a Class A misdemeanor.

State Preemption.

(1) Except as expressly authorized by state statute, the authority 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, is vested solely in the Legislative Assembly.

(2) Except as expressly authorized by state statute, 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. Ordinances that are contrary to this subsection are void.

Authority of County to Regulate Discharge of Firearms.

• (1) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries.
• (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:
  • (a) A person discharging a firearm in the lawful defense of person or property.
  • (b) A person discharging a firearm in the course of lawful hunting.
  • (c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger adjacent persons or property.
  • (d) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.
  • (e) A person discharging a firearm in the course of target shooting on public land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property.
  • (f) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife.

Authority of City to Regulate Discharge of Firearms.

• (1) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city’s boundaries.
• (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:
  • (a) A person discharging a firearm in the lawful defense of person or property.
  • (b) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.
  • (c) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife.

(6) “Loaded Firearm” Means:

• (a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.
• (b) A muzzle-loading firearm which is capped or primed and has a powder charge and ball, shot or projectile in the barrel or cylinder

Seizure of Firearms During Emergency.

1. As used in this section, “unit of government” means any department or agency of the federal government and any public body as defined by ORS 174.109.
2. Notwithstanding ORS 401.165 to 401.236, a unit of government may not seize a firearm from an individual who lawfully possesses the firearm during a state of emergency declared under ORS 401.165.
3. If a unit of government seizes a firearm from an individual during a state of emergency in violation of this section, the individual may recover from the unit of government that seized the firearm all costs incurred in the recovery of the firearm, including attorney fees, court costs and any other costs incurred in the recovery of the firearm.

Exception to Preemption for Certain County Ordinances.

• (1) Nothing in ORS 166.170 or 166.171 is intended to preempt, invalidate or in any way affect the operation of any provision of a county ordinance that was in effect on November 2, 1995, to the extent that the provision:
  • (a) Established a procedure for regulating, restricting or prohibiting the discharge of firearms; or
  • (b) Regulated, restricted or prohibited the discharge of firearms.
• (2) Subsection (1) of this section does not apply to:
  • (a) Ordinances regulating, restricting or prohibiting the discharge of firearms on a shooting range or in a shooting gallery or other area designed and built for the purpose of target shooting.
  • (b) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife.

Authority of City or County to Regulate Possession of Loaded Firearms in Public Places.

(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.

(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

• (a) A law enforcement officer in the performance of official duty.
• (b) A member of the military in the performance of official duty.
• (c) A person licensed to carry a concealed handgun.
• (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.
• (e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife.

You will find all the Oregon firearms statutes at this link.