The Second Amendment (Amendment II) to the United States Constitution's Bill of Rights declares a well-regulated militia as "being necessary to the security of a free State" and prohibits infringement of "the right of the people to keep and bear arms." The meaning of the Second Amendment is among the most contested of any amendment contained in the Bill of Rights.[1][2]
One key controversy revolves around who is prohibited from infringement and whether the Second Amendment prohibits individual States from infringing upon this right.[3] The Supreme Court has ruled that the Second Amendment only limits the power of the federal government, (see United States v. Cruikshank ) but some people contend that it extends to state jurisdictions by way of the Fourteenth Amendment.[4]
Another major point of contention is whether it protects an individual right to personal firearms[5] or a collective State militia right.[6] At present, two of the thirteen federal circuits have adopted an individual rights view. A Second Amendment case is currently under review by the Supreme Court (District of Columbia v. Heller), having been granted certiorari, to resolve this jurisdictional split.[7] There is also a "modified collective" view that holds the right is protected for individuals to bear arms based on their needs while serving in a militia.[8]
Other points of disagreement include the meaning of the militia clause[9]
and the meaning of infringement; specifically, at what point does
regulation or prohibition of firearms constitute infringement?[10][11]
All federal courts have found that reasonable firearm regulation is
allowable, while an outright firearm ban is currently the subject of
Supreme Court review in District of Columbia v. Heller.
The Second Amendment (Amendment II) to the United States Constitution's Bill of Rights declares a well-regulated militia as "being necessary to the security of a free State" and prohibits infringement of "the right of the people to keep and bear arms." The meaning of the Second Amendment is among the most contested of any amendment contained in the Bill of Rights.[1][2]
One key controversy revolves around who is prohibited from infringement and whether the Second Amendment prohibits individual States from infringing upon this right.[3] The Supreme Court has ruled that the Second Amendment only limits the power of the federal government, (see United States v. Cruikshank ) but some people contend that it extends to state jurisdictions by way of the Fourteenth Amendment.[4]
Another major point of contention is whether it protects an individual right to personal firearms[5] or a collective State militia right.[6] At present, two of the thirteen federal circuits have adopted an individual rights view. A Second Amendment case is currently under review by the Supreme Court (District of Columbia v. Heller), having been granted certiorari, to resolve this jurisdictional split.[7] There is also a "modified collective" view that holds the right is protected for individuals to bear arms based on their needs while serving in a militia.[8]
Other points of disagreement include the meaning of the militia clause[9] and the meaning of infringement; specifically, at what point does regulation or prohibition of firearms constitute infringement?[10][11] All federal courts have found that reasonable firearm regulation is allowable, while an outright firearm ban is currently the subject of Supreme Court review in District of Columbia v. Heller.
Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console.[3]The following groups of people are ineligible to own firearms under the Firearm Owners Protection Act of 1986.
- Those convicted of felonies and certain misdemeanors
- Fugitives from justice
- Unlawful users of certain depressant, narcotic, or stimulant drugs
- Those adjudicated as mental defectives or incompetents or those committed to any mental institution
- Illegal Aliens
- Citizens who have renounced their citizenship
- Those persons dishonorably discharged from the Armed Forces
- Minors
- Persons subject to a restraining order
- Persons convicted in any court of a misdemeanor crime of domestic violence
- Persons under indictment for a crime punishable by imprisonment for
more than one year are ineligible to receive, transport, or ship any
firearm or ammunition
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A synopsis of state laws on purchase,
possession and carrying of firearms.
Compiled by:
NRA-Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
(800) 392-8683
www.nraila.org
Oregon
(As of February, 2008)
QUICK REFERENCE CHART
Rifles and
Shotguns Handguns
Permit to Purchase No No
Registration of Firearms No No
Licensing of Owners No No
Permit to Carry No Yes*
.
STATE CONSTITUTIONAL PROVISION
“The people shall have the right to keep and bear arms for the defense
of themselves and the state, but the military shall be kept in strict
subordination to the civil power.” Article 1, Section 27.
PURCHASE
A resident of this state may purchase or otherwise obtain a
rifle or shotgun in a contiguous state (California, Idaho, Nevada or
Washington) and receive in this state or transport into this state such
rifle or shotgun, unless the purchase or transfer violates the law of
this state, the state in which the purchase or transfer is made or the
United States.
It is unlawful to sell, deliver, or transfer any firearm to:
• a minor under the age of 18;
• a convicted felon, who has not had his civil rights restored;
• a person who has been convicted of a misdemeanor involving
violence or found guilty, except for insanity, within the
previous four years;
• a person listed in the Health Division Registry;
• a person who has been committed to the Dept. of Human
Services;
• a person who has any outstanding felony warrants for
arrest;
• a person who is free on any form of pretrial release for a
felony.
Paragraph 2 does not prohibit the temporary transfer of any
firearm to a minor for any lawful purpose, including hunting and
target shooting. A parent, guardian, or other person with the consent
of a parent or guardian may transfer a rifle or shotgun to a minor.
All dealers, pawnbrokers or otherwise must keep a record of
every handgun sold. This record shall contain the time, date and place
of the sale or trade, the name of the salesperson making the sale or
trade, the make, model and manufacturer's number on the handgun.
The purchaser must sign his name and affix his address to the register.
Thumbprints are taken. The purchaser must present clear evidence of
his identity.
A copy of the record must be mailed to the local police and state
police on the day of the sale for a record check.
A gun dealer shall request by telephone that the Dept. of State
Police conduct a criminal history record check on the purchaser. The
Dept. of State Police shall immediately or by return call determine
whether the purchaser is qualified to complete the purchase. The
fee for the criminal history record check may not exceed $10. The
handgun must be unloaded when delivered.
Any person who transfers a firearm at a gun show is required
to request a criminal background check before completing the transfer.
Any person who transfers a firearm at any location other than a gun
show may voluntarily request a criminal background check before
completing the transfer.
POSSESSION
It is unlawful for a felon to possess any firearm except:
• if the offense was declared to be a misdemeanor, at the time
of judgment, by the court;
• if the offense was for possession of marijuana and the
conviction was prior to January 1, 1972;
• if the person was convicted of only one felony under the
laws of Oregon or another state, or under U.S. law, and it
did not involve criminal homicide, or the possession or use
of a firearm or switchblade knife, provided the person was
discharged from imprisonment, parole or probation fifteen
years before;
• where the individual has been granted relief from the
disability under Oregon or Federal law, or the person's
record has been expunged.
CARRY
It is unlawful to carry concealed upon the person or concealed
about one’s person in a vehicle any firearm unless one has a license to
carry a concealed weapon. Exceptions to the above prohibition are:
• persons possessing a handgun at their home or place of
business;
• organizations, which are by law, authorized to purchase or
receive weapons from the United States;
• policemen and law enforcement personnel, whether active
or honorably retired;
• military personnel when on active or reserve duty;
• members of a shooting club while at a range or going to and
from a range;
CAUTION: Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or
restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a
licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL
AND LOCAL.
This may be reproduced. It may not be reproduced for commercial purposes.
• licensed hunters or fishermen, while engaged in hunting
or fishing or going to and from a hunting or fishing
expedition;
• merchants transporting or possessing firearms as
merchandise;
• duly authorized military or civil organizations while
parading or traveling to a meeting of their organization;
• corrections officer while transporting convict.
Firearms carried openly in belt holsters are not considered to be
concealed.
Application for a license to carry a concealed weapon is made to
the sheriff of a county who shall take fingerprints and a photograph
and shall issue the person within 45 days of application a concealed
handgun license if the person:
• is a citizen of the U.S., or a legal resident alien who can
document continuous residency in the county for at least
six months and has declared in writing to the Immigration
and Naturalization Service the intent to acquire citizenship
status and can present proof of the written declaration to
the sheriff at the time of application for the license.
• is at least 21 years of age;
• has a principal residence in the county in which the
application is made;
• has no outstanding warrants for arrest;
• is not free on any form of pretrial release;
• demonstrates competence with a handgun by one of the
prescribed handgun safety programs, or can certify training
in the armed forces, or has a license already;
• has never been convicted or found guilty of a felony, except
for insanity;
• has not been convicted of or found guilty, except for insanity,
of a misdemeanor, within the last four years;
• has not been committed to the Mental Health and
Developmental Disability Services Division;
• has not been found to be mentally ill and is not subject to
an order that the person be prohibited from purchasing or
possessing a firearm;
• has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person
was found to be within the jurisdiction of the juvenile court
for having committed an act, if committed by an adult,
would constitute a felony or a misdemeanor involving
violence.
• has not been cited for stalking, or under a protective order.
The license is valid for four years; issuance and renewal fee is $50.
There is a $15 fee to the Dept. of State Police for taking fingerprints.
There is a $15 fee for duplication of a license because of loss or change
of address. If the application for the concealed handgun license is
denied, revoked, or not renewed a person may petition the circuit
court in the petitioner's county of residence to review the denial,
non-renewal or revocation. The petition must be filed within 30 days
after the receipt of the notice of denial or revocation.
No civil or criminal liability shall attach to the authority issuing,
receiving or investigating an application.
It is unlawful to possess a loaded firearm in a snowmobile.
ANTIQUES AND REPLICAS
Antique firearm includes any firearm manufactured in or before
1898, any replica of such firearm not designed or redesigned for
fixed ammunition, or a replica that uses fixed ammunition that is no
longer manufactured in the U.S. and not readily available in ordinary
channels of commercial trade.
While generally by definition, firearms laws do not apply
to antique firearms, in Oregon those prohibited from possession
of firearms, are expressly prohibited from possession of antique
firearms.
MACHINE GUNS
It is lawful to possess a machine gun provided it is registered
in conformity with federal law and if the person has in the person’s
immediate possession documentation showing that the machine
gun, short-barreled rifle, short-barreled shotgun or firearms silencer
is registered under federal law.
MISCELLANEOUS
It is unlawful to set any loaded spring gun, except for the purpose
of destroying gophers, moles and other burrowing rodents.
It is unlawful to intentionally change, alter, remove or obliterate
the serial number or identification number on any handgun. Possession
of a handgun with its marks altered, removed or obliterated creates a
legal presumption that the possessor committed the offense.
It is unlawful to discharge any firearm or air rifle upon or across
any public road or railway right of way or upon or across the ocean
shores within the state recreation areas.
It is unlawful to purposefully point any loaded or empty firearm
toward any other person within the weapon’s range except in selfdefense.
It is unlawful to possess a firearm loaded or unloaded in a public
building. “Public building” means a hospital, capitol building, a
public or private school, college or university, a courthouse, city hall,
or residence of any state official and the grounds adjacent to each
such building. This restriction does not apply to individuals licensed
under Oregon law to carry concealed weapons.
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.
Sources: Ore. Rev. Stat. §§ 166.170 - 166.630.
