Offenses Against Public Order
ORS
166.291
Issuance of concealed handgun license
- application
- fees
- liability
(1)
The sheriff of a county, upon a person’s application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person:(B)
Is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services 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;(b)
Is at least 21 years of age;(c)
Is a resident of the county;(d)
Has no outstanding warrants for arrest;(e)
Is not free on any form of pretrial release;(f)
Demonstrates competence with a handgun by any one of the following:(A)
Completion of any hunter education or hunter safety course approved by the State Department of Fish and Wildlife or a similar agency of another state if handgun safety was a component of the course;(B)
Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course;(C)
Completion of any firearms safety or training course or class available to the general public offered by law enforcement, community college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or a law enforcement agency if handgun safety was a component of the course;(D)
Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, reserve law enforcement officers or any other law enforcement officers if handgun safety was a component of the course;(E)
Presents evidence of equivalent experience with a handgun through participation in organized shooting competition or military service;(F)
Is licensed or has been licensed to carry a firearm in this state, unless the license has been revoked; or(G)
Completion of any firearms training or safety course or class conducted by a firearms instructor certified by a law enforcement agency or the National Rifle Association if handgun safety was a component of the course;(g)
Has never been convicted of a felony or found guilty, except for insanity under ORS 161.295 (Effect of qualifying mental disorder), of a felony;(h)
Has not been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295 (Effect of qualifying mental disorder), of a misdemeanor within the four years prior to the application, including a misdemeanor conviction for the possession of marijuana as described in paragraph (L) of this subsection;(i)
Has not been committed to the Oregon Health Authority under ORS 426.130 (Court determination of mental illness);(j)
Has not been found to be a person with mental illness and is not subject to an order under ORS 426.130 (Court determination of mental illness) that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;(k)
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 that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470 (Limitations and conditions for sales of firearms);(L)
Has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program, except this disability does not operate to exclude a person if:(A)
The person can demonstrate that the person has been convicted only once of a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense, and has not completed a drug diversion program for a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense; or(B)
The person can demonstrate that the person has only once completed a drug diversion program for a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense, and has not been convicted of a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense;(m)
Is not subject to a citation issued under ORS 163.735 (Citation) or an order issued under ORS 30.866 (Action for issuance or violation of stalking protective order), 107.700 (Short title) to 107.735 (Duties of State Court Administrator) or 163.738 (Effect of citation);(n)
Has not received a dishonorable discharge from the Armed Forces of the United States;(o)
Is not required to register as a sex offender in any state; and(p)
Is not presently subject to an order under ORS 426.133 (Assisted outpatient treatment) prohibiting the person from purchasing or possessing a firearm.(2)
A person who has been granted relief under ORS 166.273 (Relief from firearm prohibitions related to mental health), 166.274 (Relief from prohibition against possessing or receiving firearm) or 166.293 (Denial or revocation of license) or 18 U.S.C. 925(c) or has had the person’s record expunged under the laws of this state or equivalent laws of other jurisdictions is not subject to the disabilities in subsection (1)(g) to (L) of this section.(3)
Before the sheriff may issue a license:(a)
The application must state the applicant’s legal name, current address and telephone number, date and place of birth, hair and eye color and height and weight. The application must also list the applicant’s residence address or addresses for the previous three years. The application must contain a statement by the applicant that the applicant meets the requirements of subsection (1) of this section. The application may include the Social Security number of the applicant if the applicant voluntarily provides this number. The application must be signed by the applicant.(b)
The applicant must submit to fingerprinting and photographing by the sheriff. The sheriff shall fingerprint and photograph the applicant and shall conduct any investigation necessary to corroborate the requirements listed under subsection (1) of this section. If a nationwide criminal records check is necessary, the sheriff shall request the Department of State Police to conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. The Department of State Police shall report the results of the fingerprint-based criminal records check to the sheriff. The Department of State Police shall also furnish the sheriff with any information about the applicant that the Department of State Police may have in its possession including, but not limited to, manual or computerized criminal offender information.(4)
Application forms for concealed handgun licenses shall be supplied by the sheriff upon request. The forms shall be uniform throughout this state in substantially the following form:(A)
$15 to the Department of State Police for conducting the fingerprint check of the applicant.(B)
$100 to the sheriff for the initial issuance of a concealed handgun license.(C)
$75 to the sheriff for the renewal of a concealed handgun license.(D)
$15 to the sheriff for the duplication of a license because of loss or change of address.(b)
The sheriff may enter into an agreement with the Department of Transportation to produce the concealed handgun license.(6)
No civil or criminal liability shall attach to the sheriff or any authorized representative engaged in the receipt and review of, or an investigation connected with, any application for, or in the issuance, denial or revocation of, any license under ORS 166.291 (Issuance of concealed handgun license) to 166.295 (Renewal of license) as a result of the lawful performance of duties under those sections.(7)
Immediately upon acceptance of an application for a concealed handgun license, the sheriff shall enter the applicant’s name into the Law Enforcement Data System indicating that the person is an applicant for a concealed handgun license or is a license holder.(8)
The county sheriff may waive the residency requirement in subsection (1)(c) of this section for a resident of a contiguous state who has a compelling business interest or other legitimate demonstrated need.(9)
For purposes of subsection (1)(c) of this section, a person is a resident of a county if the person:(a)
Has a current Oregon driver license issued to the person showing a residence address in the county;(b)
Is registered to vote in the county and has a voter notification card issued to the person under ORS 247.181 (Voter notification card) showing a residence address in the county;(c)
Has documentation showing that the person currently leases or owns real property in the county; or(d)
Has documentation showing that the person filed an Oregon tax return for the most recent tax year showing a residence address in the county.(10)
As used in this section, “drug diversion program” means a program in which a defendant charged with a marijuana possession offense completes a program under court supervision and in which the marijuana possession offense is dismissed upon successful completion of the diversion program. [1989 c.839 §8 (166.291 (Issuance of concealed handgun license) to 166.293 (Denial or revocation of license) enacted in lieu of 166.290); 1991 c.67 §38; 1993 c.732 §2; 1993 c.735 §4; 1995 c.729 §6; 1999 c.1052 §6; 2001 c.104 §56; 2003 c.166 §1; 2005 c.22 §115; 2007 c.368 §2; 2009 c.595 §113; 2009 c.826 §§7,10; 2011 c.547 §§33,34; 2013 c.243 §§4,5; 2013 c.360 §§8,9; 2013 c.591 §§6,7; 2014 c.62 §§1,2; 2015 c.50 §§15,16; 2015 c.201 §5; 2021 c.146 §12]See also annotations under ORS 166.290 in permanent edition.
Notes of Decisions
Under former similar statute (ORS 166.290)
This section cannot be construed to require sheriff to issue multiple weapons licenses. Heinzel v. Shipman, 85 Or App 207, 736 P2d 195 (1987), Sup Ct review denied
In general
Sheriff may require applicant to provide information additional to that expressly required by statute, including model form, to extent additional information substantially and significantly helps sheriff to conduct mandatory investigation of applicant. Langlotz v. Noelle, 179 Or App 317, 39 P3d 271 (2002), Sup Ct review denied
ATTY. GEN. OPINIONS
Under former similar statute (ORS 166.290)
Duty of sheriff to issue licenses, (1984) Vol. 44, p 350; constitutionality of “good moral character” and “good cause exists” as used in this section, (1984) Vol. 44, p 350
LAW REVIEW CITATIONS
In general
26 WLR 566, 576 (1990)