Oregon Firearm Preemption Law: State vs Local Rules

Oregon State Preemption of Local Firearms Laws

General Preemption Rule: ORS 166.170

Oregon has a broad state preemption statute that reserves firearms regulation authority to the state legislature:

• ORS 166.170(1): "Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly."

• ORS 166.170(2): "Except as expressly authorized by state statute, 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. Ordinances that are contrary to this subsection are void."

This statute was enacted in 1995 (1995 Special Session, Chapter 1, §1).

Exceptions Expressly Authorized by State Statute

Despite the broad preemption, Oregon law carves out several specific areas where local governments retain regulatory authority:

1. Discharge of Firearms: Counties (ORS 166.171)

• Counties may adopt ordinances to regulate, restrict, or prohibit the discharge of firearms within their boundaries.
• County discharge ordinances may not apply to:
  • Lawful defense of person or property
  • Lawful hunting
  • Landowners and their guests, when discharge will not endanger adjacent persons or property
  • Public or private shooting ranges, galleries, or areas designed for target shooting
  • Target shooting on public land outside urban growth boundaries or city boundaries, if it will not endanger persons or property
  • USDA employees acting within scope of employment for lawful wildlife taking

2. Discharge of Firearms: Cities (ORS 166.172)

• Cities may adopt ordinances to regulate, restrict, or prohibit the discharge of firearms within city boundaries.
• City discharge ordinances may not apply to:
  • Lawful defense of person or property
  • Public or private shooting ranges, galleries, or areas designed for target shooting
  • USDA employees acting within scope of employment for lawful wildlife taking

3. Possession of Loaded Firearms in Public Places (ORS 166.173)

• Cities and counties may adopt ordinances to regulate, restrict, or prohibit the possession of loaded firearms in public places (as defined in ORS 161.015).
• These ordinances do not apply to or affect:
  • Law enforcement officers
  • Military members in performance of official duty
  • Persons licensed to carry a concealed handgun (CHL holders are exempt)
  • Persons authorized to possess a loaded firearm in or on a public building or court facility under ORS 166.370
  • USDA employees acting within scope of employment for lawful wildlife taking
  • Honorably retired law enforcement officers (unless convicted of an offense that would make them ineligible for a CHL under ORS 166.291 and 166.292)

4. Leased Public Buildings (ORS 166.174)

• Cities, counties, or other municipal corporations or districts may not adopt ordinances that regulate, restrict, or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease.

5. Used Firearms Purchases (ORS 166.175)

• Cities may continue to regulate the purchase of used firearms by pawnshops and secondhand stores (stores whose primary source of revenue is the sale of used merchandise).

6. Grandfathered County Ordinances (ORS 166.176)

• County ordinances that were in effect on November 2, 1995 regarding the discharge of firearms are not preempted, to the extent they:
  • Established a procedure for regulating, restricting, or prohibiting the discharge of firearms; or
  • Regulated, restricted, or prohibited the discharge of firearms.
• This exception does not apply to ordinances regulating discharge on shooting ranges or to USDA employees acting within scope of employment.

Key Implications for Concealed Carry Permit Holders

• CHL holders are specifically exempted from local ordinances regulating the possession of loaded firearms in public places under ORS 166.173(2)(c).
• Local governments cannot enact their own concealed carry regulations, permit requirements, or restrictions on the sale, acquisition, transfer, ownership, possession, storage, or transportation of firearms, these matters are reserved exclusively to the state legislature.
• Local ordinances that conflict with state preemption are void under ORS 166.170(2).

Portland's Local Regulations (Example of Authorized Local Action)

The City of Portland has enacted certain firearms-related ordinances that it considers to fall within the authorized exceptions to state preemption, including:

• Regulation of the discharge of firearms
• Regulation of possession of loaded firearms in public places
• Child access prevention provisions (ORS 166.173 and related city code)
• Lost/stolen firearm reporting requirements
• Illegal Firearms Use Hotspots (City Code Chapter 14A.90, Ordinance No. 184274, effective December 31, 2010)

Portland's policy explicitly acknowledges that these regulations "clearly fall outside" the state preemption statute because they involve discharge regulation and loaded firearm possession in public places, both of which are expressly authorized by state statute. Portland also asserts that state law does not prohibit municipalities from enacting curfew, loss reporting, or child access laws.

Note: The scope and enforceability of some local ordinances, particularly those beyond discharge and loaded possession regulations, may be subject to legal challenge under the preemption statute.