Legal Information: Oregon

State Gun Laws

March 22, 2022

I am a victim of domestic violence and the abuser has a gun. Is that legal?

Oregon state law says that a person cannot have or buy a gun if s/he:

  • is subject to a restraining order, protection order, or protective order that:
    • was issued after a hearing where s/he was given notice and an opportunity to be heard;
    • orders that s/he not stalk, intimidate, molest, or menace an intimate partner; and
    • specifically finds that s/he represents a believable threat to the physical safety of an intimate partner or a child of either party;1
  • is subject to an extreme risk protection order;2
  • was convicted of a “qualifying misdemeanor” against a family member. A “qualifying misdemeanor” is one in which physical force was used or attempted, or the victim was threatened with the use of a deadly weapon;3
  • was convicted of a felony or found “guilty except for insanity;”
  • within the past four years, went through juvenile court for a crime that would be a felony or a “misdemeanor involving violence” if it had been committed by an adult;
  • is under 18 – however, someone who is under 18 could possess a long gun temporarily for hunting or target practice with the permission of his/her parent or guardian;
  • was found by a judge to be a person with a mental illness who was committed to the Oregon Health Authority; or
  • was found by a judge to be a person with a mental illness and is subject to an order prohibiting him/her from buying or having a firearm.4

Also, if someone applies for a license to carry a concealed handgun, that license will only be granted if s/he:

  • has not been served with a citation to appear in court for a civil stalking protective order;
  • has no civil stalking protective order against him/her;
  • has no restraining order to prevent abuse against him/her.
  • is not a convicted felon;
  • has not been convicted of a misdemeanor within the four years prior to the application for a gun license;
  • has not been convicted of a drug offense or participated in a court-supervised drug diversion program (although there can be an exception for a one-time misdemeanor conviction for marijuana);
  • has no outstanding warrant for arrest;
  • is not on pretrial release (while awaiting a criminal trial for a felony);
  • is not a registered sex offender in any state;
  • is a U.S. citizen;
  • has been a legal resident alien here for six months or more;
  • is age 21 or older;
  • has no outstanding warrant for his/her arrest;
  • is not on pretrial release (while awaiting a criminal trial for a felony);
  • has not participated in a court-supervised drug diversion program;
  • is not under an order due to mental illness that prohibits him/her from possessing a firearm; and
  • has not been dishonorably discharged from the military.5

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.

Note: Some of these gun restrictions may not apply to military members, police officers, probation/parole officers, certain federal officials, or licensed hunters or fishermen while hunting or fishing, or while going to or returning from a hunting or fishing trip.6

1 Or. Rev. Stat. § 166.255(1)(a)
2 Or. Rev. Stat. § 166.543(1)
3 Or. Rev. Stat. § 166.255(1)(b)
4 Or. Rev. Stat. § 166.250(1)(c)
5 Or. Rev. Stat. § 166.291(1)
6 Or. Rev. Stat. § 166.260

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