In 2015, Oregon passed a law requiring unlicensed or private firearm sellers to conduct background checks on prospective purchasers, also mandating that individuals looking to buy a gun must undergo a background check before purchasing. This law applies to both licensed and private sellers.
The Charleston Loophole, also referred to as the default proceed rule, is the official term for it. This loophole was introduced by the Brady Bill in 1993. In case the background check is not finalized within three business days, the gun seller is allowed to proceed with the gun sale.
The law prohibits the sale or transfer of a firearm to an individual whom a person is aware of or should reasonably know is legally restricted from buying or owning a firearm. However, immediate family members, such as parents, step-parents, grandparents, spouses, domestic partners, siblings, children, step-children, grandchildren, aunts, uncles, nieces, nephews, first cousins, and their spouses or domestic partners, are exempted from undergoing background checks.
Federal legislation mandates a background investigation for transactions made with federally authorized firearms merchants. (18 USC subsection 922(s), 922(t).)
To temporarily suspend a person’s access to firearms, law enforcement officials and family members must provide documented evidence that the person poses a threat of harm to themselves or others. This can be done by filing a petition with the court. The ERPOs (Extreme Risk Protection Orders) are designed to ensure the safety of all individuals involved. For more information and access to the necessary forms, please visit www.Courts.Oregon.Gov/forms.
Allowing access to a firearm endangers a child, both Portland (PCC section 14A.60.050) and Multnomah County (Section 15.051) prohibit child access prevention.
The gun owner would potentially face a civil lawsuit and a maximum fine of $2,000; nevertheless, they would still retain the right to possess and own firearms. The gun owner would not incur criminal charges, but if the unsecured firearm is used (as seen in the case of the Oxford High School shooting in Michigan), it would constitute a felony. The owner or possessor of the firearm, as mandated by SB 554B Section 2(3)(a) passed by the Oregon Legislature, must be in close proximity to prevent unauthorized individuals from obtaining the firearm.
Waiting time: Oregon does not enforce a “cooling off” period between purchasing a firearm and acquiring possession of the firearm.
Safety regulations: Oregon does not mandate that firearms adhere to any safety guidelines.
Assault firearms: Oregon does not restrict the purchase or ownership of military-style semiautomatic assault rifles such as an AR 15.
The Measure 114 on the November 2022 ballot successfully passed, which means that the magazine limit for ten rounds to capacity has been lifted in Oregon. Every person now has the opportunity to shoot with a larger magazine capacity, except for hunting birds where a cartridge limit of 3 rounds is still in place. Additionally, the Oregon Wildlife and Fish department does not impose a limit on the number of rounds in a magazine for hunting, except in the case of a specific magazine restriction.
Some adults in Oregon, at least 16 years old, do not need training to receive a concealed handgun license. The sheriff of the county must issue a concealed handgun license to anyone who meets the requirements outlined in ORS 166.291, unless there are reasonable grounds to believe that the applicant poses a danger to themselves or others. Oregon Voice Every Lift successfully placed Measure 114 on the November 2022 ballot, which would limit the capacity of a concealed handgun magazine to ten rounds. Oregon does not require training or licensing for the possession or purchase of a firearm.
Portland Public Schools does not allow individuals with concealed carry licenses to possess firearms within the Portland Public School District. Similarly, concealed handgun license holders are no longer allowed to bring guns into the Oregon State Capitol Building. The district strictly prohibits the act of carrying hidden and loaded guns into K-12 public schools, unless permitted by the license holders of concealed handguns.
Oregon has the option to ask border county sheriffs for a concealed handgun license (CHL). However, Oregon does not permit individuals with CHLs from other states to carry concealed weapons, even if they are gun owners from states that share a border with Oregon. This policy does not support concealed carry reciprocity.
Convicted Stalkers: Oregon prohibits individuals who have been convicted of misdemeanor stalking from buying or owning firearms.
Oregon prosecutes cases of domestic violence against individuals who have been involved in dating partnerships, in addition to current and former spouses, unmarried parents of a child, cohabiting individuals, and other adults who are related by marriage or blood. This includes closing the “Loophole Partner Dating” in Oregon.
Federal law prohibits anyone under the age of 21 from selling handguns to federally licensed firearms dealers. Subsection 922(b)(1) of USC 18 specifically states this. In addition, Oregon law prohibits anyone under the age of 18 from transferring or selling firearms, with the exception of minors who possess a handgun with their parent’s consent or if the handgun was transferred to them. However, if a minor possesses a handgun temporarily for a lawful purpose or if the handgun was transferred with their parent’s consent, then it is not considered illegal. Unless otherwise specified, Oregon law prohibits anyone under the age of 18 from possessing a gun, unless they have the consent of a parent or guardian. This is stated in Oregon law 166.470. Furthermore, Oregon law also prohibits anyone under the age of 18 from possessing a gun. This is stated in Oregon law 166.250.
The state of Oregon does not prohibit the act of openly carrying handguns or long guns in public, as stated by the Giffords Law Center.
Portland, Tigard, and Beaverton forbid the public carrying of loaded guns within their city limits, as permitted by ORS 166.173.
Firearms in vehicles (Information obtained from Giffords Law Center): Oregon does not prohibit the open carrying of long guns in a vehicle.
The Oregon legislature passed SB 554B, Section 3 in June 2021, which criminalizes the act of leaving an unattended handgun in a vehicle that is visible to individuals outside of the vehicle.
Person A may keep or possess a handgun within their residence while using residential quarters for vehicle or vessel recreational purposes. Oregon has special provisions applicable to vehicles that do not have a storage location outside of the passenger compartment. If the handgun is in the passenger compartment of the vehicle, it is generally considered readily accessible. Oregon generally prohibits the knowing possession of a concealed handgun without a license to carry it concealed within any vehicle where it is readily accessible.
Oregon prohibits the operation of an all-terrain vehicle or snowmobile with a loaded firearm in possession of the operator. However, holders of a concealed handgun permit are exempt from this prohibition.
Regarding local regulations on firearms, except for a few instances, the authority of cities and counties to enforce their own laws is overridden by Oregon legislation. ORS 166.170-166.176.
In 2010, Portland implemented regulations that are not overridden by state law Portland §14A.60.
In 2013, Multnomah County enacted the following regulations: Multnomah County §15.051:.