2021 Oregon Gun Laws

There were many new Oregon gun laws proposed or talked about, but few actually passed. The main changes to Oregon gun laws in 2021 were to several Oregon gun laws were proposed in 2021, but few actually passed. Two exceptions: Restrictions on the locations of concealed carry, and gun storage.

Oregon Firearm Storage and Transfer

(Definitions)

SECTION 1. Sections 2 to 6 of this 2021 Act shall be known and may be cited as the Cindy Yuille and Steve Forsyth Act.

SECTION 2. As used in sections 2 to 6 of this 2021 Act:

(1) “Authorized person” means a person authorized by the owner or possessor of a firearm to temporarily carry or control the firearm while in the presence of the owner or possessor.

(2) “Container” means a box, case, chest, locker, safe or other similar receptacle, including, within a vehicle, a glove compartment, enclosed trunk or center console, equipped with a tamper-resistant lock.

(3) “Control” means, in relation to a firearm:

(a) That the owner or possessor of the firearm is close enough to the firearm to prevent another person who is not an authorized person from obtaining the firearm; or

(b) That the owner or possessor of the firearm is in the person’s own residence, either alone or with only authorized persons who also live in the residence and who are not minors, and the residence is secure.

(4) “Firearm” has the meaning given that term in ORS 166.210, except that it does not include a firearm that has been rendered permanently inoperable.

(5) “Gun room” means an area within a building enclosed by walls, a floor and a ceiling, including a closet, that has all entrances secured by a tamper-resistant lock, that is kept locked at all times when unoccupied and that is used for:

(a) The storage of firearms, ammunition, components of firearms or ammunition, or equipment for firearm-related activities including but not limited to reloading ammunition, gunsmithing and firearm cleaning and maintenance; or

(b) Conducting firearm-related activities, including but not limited to reloading ammunition, gunsmithing and firearm cleaning and maintenance.

(6) “Handgun” has the meaning given that term in ORS 166.210.

(7) “Law enforcement agency” has the meaning given that term in ORS 166.525.

(8) “Minor” means a person under 18 years of age.

(9) “Possessor” means a person who possesses a firearm with permission from the owner of the firearm for a period of time when the owner is not present.

(10) “Trigger or cable lock” means:

(a) A device that, when installed in a firearm, is designed to prevent the firearm from being operated without first deactivating the device; or

(b) A device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by any person not having access to the device.

(Storage)

SECTION 3. (1)(a) An owner or possessor of a firearm shall, at all times that the firearm is not carried by or under the control of the owner, possessor or authorized person, secure the firearm:

(A) With an engaged trigger or cable lock;

(B) In a locked container; or

(b) For purposes of paragraph (a) of this subsection, a firearm is not secured if:

(A) A key or combination to the trigger or cable lock or the container is readily available to a person the owner or possessor has not authorized to carry or control the firearm.

(B) The firearm is a handgun, is left unattended in a vehicle and is within view of persons outside the vehicle.

(2)(a) A violation of subsection (1) of this section is a Class C violation.

(b) Notwithstanding paragraph (a) of this subsection, a violation of subsection (1) of this section is a Class A violation if a minor obtains an unsecured firearm as a result of the violation and the owner or possessor of the firearm knew or should have known that a minor could gain unauthorized access to the unsecured firearm.

(3) If a firearm obtained as a result of an owner or possessor of a firearm violating subsection (1) of this section is used to injure a person or property within two years of the violation, in an action against the owner or possessor to recover damages for the injury, the violation constitutes per se negligence, and the presumption of negligence may not be overcome by a showing that the owner or possessor acted reasonably.

(4) Subsection (3) of this section does not apply if:

(a) The injury results from a lawful act of self-defense or defense of another person; or

(b) The unsecured firearm was obtained by a person as a result of the person entering or remaining unlawfully in a dwelling, as those terms are defined in ORS 164.205.

(5) This section does not apply to a police officer as defined in ORS 181A.355, with respect to a particular firearm, if storage of the firearm is covered by a policy of the law enforcement agency employing the police officer and the firearm is stored in compliance with the policy.

(Transfers)

SECTION 4. (1) If a person transfers a firearm and a criminal background check under ORS 166.435 is required prior to the transfer, the person shall transfer the firearm:

(a) With an engaged trigger or cable lock; or

(b) In a locked container.

(2)(a) A violation of subsection (1) of this section is a Class C violation.

(b) Each firearm transferred in violation of subsection (1) of this section constitutes a separate violation.

(3) If a firearm transferred in a manner that violates subsection (1) of this section is used to injure a person or property within two years of the violation, in an action against the transferor to recover damages for the injury, the violation of subsection (1) of this section constitutes per se negligence, and the presumption of negligence may not be overcome by a showing that the transferor acted reasonably.

(4) Subsection (3) of this section does not apply if the injury results from a lawful act of self-defense or defense of another person.

(5) This section does not apply to:

(a) The transfer of a firearm made inoperable for the specific purpose of being used as a prop in the making of a motion picture or a television, digital or similar production.

(b) A transfer that occurs when a firearm is taken from the owner or possessor of the firearm by force.

(Loss or Theft Reporting)

SECTION 5. (1)(a) A person who owns, possesses or controls a firearm shall report the loss or theft of the firearm to a law enforcement agency in the jurisdiction in which the loss or theft occurred as soon as practicable but not later than within 72 hours of the time the person knew or reasonably should have known of the loss or theft.

(b) If a means of reporting a loss or theft of a firearm within 72 hours is not reasonably available, the person who owned, possessed or controlled the firearm that was lost or stolen must report the loss or theft within 24 hours of the means of reporting becoming available.

(2)(a) A violation of subsection (1) of this section is a Class B violation.

(b) Each firearm for which a person does not make the report within the time required by subsection (1) of this section constitutes a separate violation.

(1) of this section commits the crime of initiating a false report under ORS 162.375.

(3) If a lost or stolen firearm is used to injure a person or property and the person who owned, possessed or controlled the firearm at the time of the loss or theft did not report the loss or theft as required by subsection (1) of this section, in an action against the person who owned, possessed or controlled the firearm at the time of the loss or theft to recover damages for the injury, the violation constitutes negligence per se for two years from the expiration of the time limit for reporting or until the loss or theft report is made, whichever occurs sooner. The presumption of negligence may not be overcome by a showing that the person acted reasonably.

(4) Subsection (3) of this section does not apply if the injury results from a lawful act of self-defense or defense of another person.

(5)(a) Within 24 hours of receiving a report under subsection (1) of this section, a law enforcement agency shall create a record concerning the lost or stolen firearm in the Law Enforcement Data System or another electronic database as determined by the Department
of State Police.

(b) A law enforcement agency is exempt from the obligation described in paragraph (a) of this subsection if the agency is unable to create a record concerning the lost or stolen firearm in the electronic database due to insufficient information.

(Supervision of Minor)

SECTION 6. (1) Except as provided in subsections (3) and (4) of this section, a person who delivers or otherwise transfers a firearm to a minor shall directly supervise the minor’s use of the firearm.

(2)(a) If a person delivers or otherwise transfers a firearm to a minor and fails to directly supervise the minor’s use of the firearm as required by subsection (1) of this section, in an action against the person to recover damages for injury to a person or property caused by the minor’s use of the firearm, the failure to supervise constitutes negligence per se, and the presumption of negligence may not be overcome by a showing that the person acted reasonably.

(b) Paragraph (a) of this subsection does not apply if the injury results from a lawful act of self-defense or defense of another person.

(3) A person who delivers or otherwise transfers a firearm to a minor may delegate to another person, with the consent of the other person and the minor’s parent or guardian, the duty to supervise the minor’s use of the firearm. If the duty to supervise is delegated under this subsection, subsection (2) of this section applies to the person assuming the duty to supervise.

(4)(a) This section does not apply, with respect to a particular firearm other than a handgun, if:

(A) The firearm is transferred to a minor in accordance with ORS 166.470, and, as a result of the transfer, the minor is the owner of the firearm; or

(B) The firearm is temporarily transferred to a minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian, for the purpose of hunting in accordance with ORS 497.360, hunting of a predatory animal as defined in ORS 610.002 or target shooting at a shooting range, shooting gallery or other area designed for the purpose of target shooting.

(b) The exception described in paragraph (a)(B) of this subsection applies only during the time in which the minor is engaged in activities related to hunting or target shooting.

(Gun Dealer Notice)

SECTION 7. A gun dealer shall post in a prominent location in the gun dealer’s place of business a notice, in block letters not less than one inch in height, that states, “The purchaser of a firearm has an obligation to store firearms in a safe manner and to prevent unsupervised access to a firearm by a minor. If a minor or unauthorized person obtains access to a firearm and the owner failed to store the firearm in a safe manner, the owner may be
in violation of the law.”

REGULATION OF FIREARMS IN PUBLIC BUILDINGS

SECTION 8. (1) The governing board of a public university listed in ORS 352.002, the Oregon Health and Science University Board of Directors, the governing board of a community college or a district school board as defined in ORS 332.002 may adopt a policy providing that the affirmative defense described in ORS 166.370 (3)(g), concerning persons licensed to carry a concealed handgun under ORS 166.291 and 166.292, does not apply to the possession of firearms on the grounds of the schools controlled by the board.

(2) A board that adopts a policy under this section shall:

(a) Post a clearly visible sign, at all normal points of entry to the school grounds subject to the policy described in subsection (1) of this section, indicating that the affirmative defense described in ORS 166.370 (3)(g) does not apply.

(b) Post a notice on the board’s website identifying all school grounds subject to the policy described in subsection (1) of this section.

SECTION 9. ORS 166.360 is amended to read:

166.360. 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) 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] by a city, a county, a district as defined in ORS 198.010 or any other entity that falls within the definition of “municipal corporation” in ORS 297.405, other than a court facility[.]; or

(b) The passenger terminal of a commercial service airport with over one million passenger boardings per year.

(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;

(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.

SECTION 10. ORS 166.370 is amended to read:

166.370. (1)(a) 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.

(b) Notwithstanding paragraph (a) of this subsection, in a prosecution under this section for the possession of a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year or on school grounds subject to a policy described in section 8 of this 2021 Act, if the person proves by a preponderance of the evidence that, at the time of the possession, the person was licensed under ORS 166.291 and 166.292 to carry a concealed handgun, upon conviction the person is guilty of a Class A misdemeanor.

(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 or a municipal court 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)(a) of this section does not apply to:

(a) A police officer or reserve officer, as those terms are defined in ORS 181A.355.

(b) A parole and probation officer, as defined in ORS 181A.355, while the parole and probation officer is acting within the scope of employment.

(c) A federal officer, as defined in ORS 133.005, or a certified reserve officer or corrections officer, as those terms are defined in ORS 181A.355, while the federal officer, certified reserve officer or corrections officer is acting within the scope of employment.

(d) A person summoned by an officer described in paragraph (a), (b) or (c) of this subsection to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.

(e) An honorably retired law enforcement officer.

(f) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.

(g) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun, except as provided in subsection (1)(b) of this section.

(h) 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.

(i) 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.

(j) 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.

(k) A person who possesses a firearm in the passenger terminal of a commercial service airport, if the firearm is unloaded and in a locked hard-sided container for the purposes of transporting the firearm as checked baggage in accordance with federal law.

(4)(a) Except as provided in subsection (1)(b) of this section, the exceptions listed in subsection (3)(d) to (j) of this section constitute affirmative defenses to a charge of violating subsection (1)(a) of this section.

(b) A person may not use the affirmative defense described in subsection (3)(e) of this section if the person has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292.

(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.

SECTION 11. ORS 166.262 is amended to read:

166.262. A peace officer may not arrest or charge a person for violating ORS 166.250 (1)(a) or (b) or 166.370 (1)(a) if the person has in the person’s immediate possession:

(1) A valid license to carry a firearm as provided in ORS 166.291 and 166.292, unless the person possesses a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year or on school grounds subject to a policy described in section 8 of this 2021 Act;

(2) Proof that the person is a law enforcement officer; or

(3) Proof that the person is an honorably retired law enforcement officer, unless the person has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292.