Carry Law Preemptions for Oregon

January 11, 2016

ORS 166.170. State Preemption.
Only the Legislative Assembly has the power to regulate the possession, transportation, sale, purchase, ownership, storage and use of firearms, ammunition and handgun accessories. Counties, cities and local governments are not allowed to pass ordinances or laws that restrict the possession, transportation, sale, purchase, ownership, storage and use of firearms, ammunition and handgun accessories. Existing ordinances and laws established by local governments are considered void.

ORS 166.171. Authority of County to Regulate Discharge of Firearms.
Counties are allowed to regulate the discharge of firearms within boundaries, but ordinances or regulations shall not apply to the following:

a. An individual who is lawfully discharging a firearm to defend another person or property
b. An individual who is lawfully discharging a firearm for hunting
c. A property owner and his guest who discharge a firearm in the property but not endanger others’ properties.
d. An individual who is discharging a firearm in a public or private target shooting range

ORS 166.172. Authority of City to Regulate Discharge of Firearms.
Cities are allowed to regulate the discharge of firearms within boundaries, but ordinances or regulations shall not apply to the following:
a. An individual who is lawfully discharging a firearm to defend another person or property
b. An individual who is discharging a firearm in a public or private target shooting range

ORS 166.173. Authority of City or County to Regulate Possession of Loaded Firearms in Public Places.
Counties and cities are allowed to regulate carrying of loaded firearms in public places, but regulations do not apply to the following:
a. Law enforcement officers on their official duties
b. Military members on their official duties
c. Carry concealed permit holders
d. An individual who is allowed by the presiding judge to carry a loaded firearm in a court facility

ORS 166.174. Authority of City, County, Municipal Corporation or District to Regulate Possession or Sale of Firearms.
Counties and cities are not allowed to regulate the possession and sale of firearms in a public building on a person who is a currently renting such building.

ORS 166.175. Authority of City to Regulate Purchase of Used Firearms
Cities are allowed to restrict the purchase of dangerous weapons by secondhand stores and pawnshops. “Secondhand stores” refer to any business or store selling used items.

ORS 166.176. Exception to Preemption for Certain County Ordinances.
Preemption for County Ordinances shall not be applicable to ordinances that restrict and prohibit discharge of firearms on target shooting areas.