I’M CHARGED WITH WHAT?

IIFF YOU
OU A RE IIN
ARE NT HE UNFORTUNATE
THE NFORTUNATE POSITION
OSITION TO
O BE
EC HARGED WITH
CHARGED ITH
A C I
A CRIME INVOLVING
RIME NVOLVING A F I O H S I
IREARM IN OREGON, HOW SERIOUS S T?
IREARM N REGON, OW ERIOUS S IT?

MISDEMEANORS FELONIES
CLASS A RECKLESSLY ENDANGERING CLASS C UNLAWFUL USE OF WEAPON
MISDEMEANOR ANOTHER PERSON Attempting to use unlawfully against another, or
FELONY
Recklessly engaging in conduct which creates a carrying or possessing with intent to use
substantial risk of serious physical injury to unlawfully against another, any dangerous or
another person. deadly weapon; or intentionally discharging a
firearm, blowgun, bow and arrow, crossbow, or
CRIMINAL TRESPASS WHILE IN POSSESSION explosive device within the city limits of any city
OF A FIREARM or within residential areas within urban growth
While in possession of a firearm, unlawfully boundaries, at or in the direction of any person,
entering or unlawfully remaining in or upon a building, structure, or vehicle.*
premises. *See statute for full list of offenses and penalties.

MENACING CLASS B CRIMINALLY NEGLIGENT HOMICIDE

By word or conduct, intentionally attempting to FELONY Causing the death of another person with
place another person in fear of imminent serious criminal negligence.
physical injury. MANSLAUGHTER IN THE SECOND DEGREE
Recklessly committing a criminal homicide.
ASSAULT IN THE FOURTH DEGREE
Intentionally, knowingly, or recklessly causing CLASS A ASSAULT IN THE FIRST DEGREE
physical injury to another; or with criminal FELONY Intentionally causing serious physical injury to
negligence causing physical injury to another by another by means of a deadly or dangerous
means of a deadly weapon.* weapon.*

*See statute for full list of offenses and penalties. MANSLAUGHTER IN THE FIRST DEGREE
Recklessly committing a criminal homicide under
circumstances manifesting extreme indifference
to the value of human life; or intentionally
committing a criminal homicide while under the
influence of extreme emotional disturbance.*
PUNISHMENT
*See statute for full list of offenses and penalties.
CLASS A MISDEMEANOR: UP TO 364 DAYS IN JAIL AND UP UNCLASSIFIED MURDER IN THE SECOND DEGREE
TO $6,250 FINE. FELONY Criminal homicide when committed intentionally,
except that it is an affirmative defense that, at the
time of the homicide, the defendant was under
the influence of extreme emotional disturbance.*
WHERE THE LAW IS LOCATED
OREGON REVISED STATUTES AGGRAVATED MURDER
Criminal homicide of two or more persons that is
§ 163.195 Recklessly Endangering Another Person premeditated and committed intentionally and
§ 164.265 Criminal Trespass While in Possession of a Firearm with the intent to: intimidate, injure or coerce a
§ 163.190 Menacing civilian population; influence the policy of a
government by intimidation or coercion; or affect
§ 163.160 Assault in the Fourth Degree
the conduct of a government through destruction
§ 166.220 Unlawful Use of Weapon of property, murder, kidnapping or aircraft
§ 163.145 Criminally Negligent Homicide piracy.*
§ 163.125 Manslaughter in the Second Degree
*See statute for full list of offenses and penalties.
§ 163.185 Assault in the First Degree
§ 163.118 Manslaughter in the First Degree
§ 163.115 Murder in the Second Degree
§ 163.095 Aggravated Murder PUNISHMENT
§ 161.635 Fines for Misdemeanors
CLASS C FELONY: UP TO 5 YEARS IN PRISON AND UP TO
§ 161.615 Maximum Terms of Imprisonment for Misdemeanors $125,000 FINE.
§ 161.625 Fines for Felonies CLASS B FELONY: UP TO 10 YEARS IN PRISON AND UP TO
§ 161.605 Maximum Terms of Imprisonment for Felonies $250,000 FINE.
CLASS A FELONY: UP TO 20 YEARS IN PRISON AND UP TO
$375,000 FINE.
UNCLASSIFIED FELONY: UP TO LIFE IN PRISON OR DEATH AND
UP TO $500,000 FINE.

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BY WHAT STANDARD WILL THE
LAW JUDGE MY ACTIONS...
IF I USE DEADLY PHYSICAL FORCE?

ACTIONS ARE
LEGALLY JUSTIFIED

IF 6

YOU REASONABLY BELIEVE THEY ARE

NECESSARY TO PREVENT

AN IMMINENT THREAT OF UNLAWFUL 5

DEADLY PHYSICAL FORCE

43

WHAT IS REASONABLE? WHO DECIDES?

3 The law will judge your actions (i.e., use of deadly

physical force) by using the reasonable belief
standard. That is—you reasonably believe your actions
are immediately necessary to prevent a felony involving
the use or threatened imminent use of physical force or
unlawful deadly physical force. The courts consider the
2 circumstances, the amount of force, and the necessity of force. If
the legal system (ultimately this could be a jury) determines that
you reasonably believed that you were in imminent danger of death or
great bodily injury, then you were legally justified in using deadly
physical force. However, juries, judges, and prosecutors are human beings,
and people can have vastly different ideas of how a reasonable person should
1 act under any given circumstances. This is particularly true if asked to decide
whether deadly physical force was justified. Or. Rev. Stat. § 161.219; State v. Burns,
516 P.2d 748 (Or. App. 1973).

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WHEN IS IT NOT A CRIME?
LEGAL JUSTIFICATION OF DEADLY PHYSICAL FORCE

IN OREGON

Legal justification is a set of circumstances that the law says is a valid reason for a person doing something
that would otherwise be a crime.

LEGAL JUSTIFICATION OF DEADLY PHYSICAL FORCE

LEGALLY JUSTIFIED Not Guilty of a Crime

YOU

Guilty of a Crime; Subject

NOT LEGALLY JUSTIFIED to Penalties of the Offense

As a general rule, it is illegal to shoot someone. However, if done under a particular set of circumstances
(e.g., self-defense, defense of others, etc.), the law states a person is justified to use deadly physical
force against another.

WHAT IS PHYSICAL INJURY?

Physical Injury: Impairment of physical condition or substantial pain. Or. Rev. Stat. § 161.015(7).

WHAT IS SERIOUS PHYSICAL INJURY?

Serious Physical Injury: Physical injury which creates a substantial risk of death, or causes serious
and protracted disfigurement, protracted impairment of health or protracted loss or impairment of
the function of any bodily organ. Or. Rev. Stat. § 161.015(8).

WHAT IS PHYSICAL FORCE?

Physical Force: Force that includes, but is not limited to, the use of an electrical stun gun, tear gas,
or mace. Or. Rev. Stat. § 161.015(6).

WHAT IS DEADLY PHYSICAL FORCE?

Deadly Physical Force: Physical force that under the circumstances in which it is used is readily capable
of causing death or serious physical injury. Or. Rev. Stat. § 161.015(3).

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INVOKE YOUR LEGAL RIGHTS!
WHAT
HAT TO
O DO
O AFTER
FTER BANG
ANG!

COUNTLESS MEN AND WOMEN HAVE SACRIFICED THEIR LIVES AND FORTUNES SO THAT WE
AMERICANS MAY HAVE LEGAL RIGHTS—DON’T WAIVE THEM. IF YOU’RE INVOLVED IN A
SHOOTING, YOU MAY NEED EVERY LEGAL RIGHT AVAILABLE.

Make sure the threat has been controlled. THE 911 CALL
If you use your gun, dial 911 and get medical
Call 911.
and police assistance. However, the only
information that the 911 dispatcher needs to
Return the firearm to safekeeping if possible. know from YOU is your name, the location of
the emergency, what assistance is needed,
Do not disturb the scene. and that you have been a victim of a crime. DO
NOT DISCUSS WHAT HAPPENED WITH THE
CALL YOUR LAWYER! OPERATOR! All calls are recorded.

When police arrive, comply with all commands

in a non-threatening manner, keeping your hands
clearly visible. The police do not know who the
good guys and bad guys are when they first arrive.
Inform police that you have been a victim of
a crime. State to the police: “I WISH TO
INVOKE MY RIGHT TO REMAIN SILENT,
AND I WANT TO CONSULT MY ATTORNEY
BEFORE MAKING ANY STATEMENTS.”
DON’T GIVE A STATEMENT
Talk to your lawyer before you make any
statements about a shooting. If what you say
does not match the physical or material
evidence at the scene, you may have a huge
problem regardless of how innocent your
mistake may be. Your freedom, liberty, and
fortune are at risk, so invoke your right to
remain silent and your right to a lawyer.

Make no statement to anyone about the THE ROLE OF THE POLICE

incident; wait to talk to your attorney.
Law enforcement’s main job after a shooting is
to investigate. Remember, what you say to the
If asked to accompany law enforcement,
police can and WILL be used against you.
comply, but make no statements.
Note: the U.S. Supreme Court, in 2010, held
that a police interrogation may go on
Do not make jokes or cute remarks. Remain
indefinitely until you invoke your legal rights —
silent, even if you believe you have done
so INVOKE YOUR RIGHTS!
nothing wrong.

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 When Can I Legally Shoot? 7

LAW OF SELF-DEFENSE
WHEN CAN YOU LEGALLY USE DEADLY PHYSICAL FORCE?

IN OREGON
DEADLY PHYSICAL FORCE IS LEGALLY JUSTIFIED IF YOU
REASONABLY BELIEVE IT IS IMMEDIATELY NECESSARY TO PREVENT...

AGGRAVATED
MURDER OR
MURDER*

ASSAULT IN THE
1ST DEGREE/
KIDNAPPING*

rape*

ROB B ERY IN T HE
FIRST, SECOND, OR
THIRD DEGREE*

B URGLARY OF
A DW ELLING*

Deadly physical force is justifiable under the law if the actor reasonably believes that it is
necessary to prevent another from committing or attempting to commit a felony involving
the use or threatened imminent use of physical force against a person; or committing or
attempting to commit burglary in a dwelling; or using or about to use unlawful deadly force
against the actor. Or. Rev. Stat. § 161.219.
*This list is not exhaustive and is merely used as an example of crimes which potentially may
be stopped with deadly physical force in self-defense.

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LAW OF DEFENSE OF OTHERS
WHEN CAN YOU LEGALLY USE DEADLY PHYSICAL FORCE?

IN OREGON
DEADLY PHYSICAL FORCE IS LEGALLY JUSTIFIED IF YOU
REASONABLY BELIEVE IT IS IMMEDIATELY NECESSARY TO PREVENT...

AGGRAVATED

YOU
MURDER OR
MURDER*

ASSAULT IN THE
1ST DEGREE/
KIDNAPPING*

rape*

VICTIM ROB B ERY IN T HE

FIRST, SECOND, OR
THIRD DEGREE*

B URGLARY OF
A DW ELLING*

Deadly physical force is justifiable under the law if the actor reasonably believes that it is
necessary to prevent another from committing or attempting to commit a felony involving
the use or threatened imminent use of physical force against a person; or committing or
attempting to commit burglary in a dwelling; or using or about to use unlawful deadly force
against a person. Or. Rev. Stat. § 161.219.
*This list is not exhaustive and is merely used as an example of crimes which potentially may
be stopped with deadly physical force in defense of another person.

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PROTECTION OF YOUR PROPERTY
WHEN CAN YOU LEGALLY USE DEADLY PHYSICAL FORCE?

IN OREGON
PERPETRATOR DON’T SHOOT! Deadly Physical Force is NOT Legally Justified! YOU

TRESPASSING

THEFT OR CRIMINAL
MISCHIEF OF Deadly Physical Force is
PROPERTY NOT Legally Justified

You are justified in using physical force, not deadly physical force, when you reasonably
believe it to be necessary to prevent or terminate the commission or attempted commission
of a criminal trespass by another in or upon your premises; or to prevent theft or criminal
mischief of your property. Or. Rev. Stat §§ 161.225(1); 161.229.

PERPETRATOR Deadly Physical Force IS Legally Justified! YOU

Commits or Attempts to Commit…

ARSON

B URGLARY OF
A D W ELLING

ROB B ERY IN THE

FIRST, SECOND,
OR THIRD DEGREE

The use of deadly physical force is justified to defend property if you reasonably believe it is
necessary to prevent another from committing or attempting to commit burglary in a dwelling,
arson, or a felony by force and violence by a trespasser. Or. Rev. Stat. §§ 161.219; 161.225(2).

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WHEN CAN YOU PROTECT
SOMEONE ELSE’S PROPERTY...
WITH DEADLY PHYSICAL FORCE?

PROTECTION OF A THIRD PARTY’S PROPERTY

Generally, you may use physical

force, NOT deadly physical force, to
prevent or terminate what you
reasonably believe to be the
commission or attempted
commission of a criminal trespass,
or to assist in the recovery of
another person’s property.

Or. Rev. Stat. §§ 161.225, 164.205.

PROTECTION AGAINST ANIMALS

A dog that is a public nuisance may be killed immediately by any person if the dog is
off the premises owned or under control of its owner and kills, wounds, or injures any
livestock not belonging to the master of such dog.

Note: “any livestock” does not include chickens located in a

public place, on a highway, or within the corporate limits of
any city.

This law does not apply to any dog acting under the
direction of its master, or the agents or employees of such
master.

Or. Rev. Stat. § 609.150.

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THEFT AND ROBBERY
EXPLANATION OF SELECT CRIMES

IN OREGON
THEFT OCCURS WHEN A PERPETRATOR...

With the intent to

deprive another of
property or to Takes, appropriates, obtains or withholds such property
appropriate property from an owner thereof.*
to the perpetrator or
Or. Rev. Stat. § 164.015. to a third person: *This is only a partial list. See statute for full details.

THEFT IN THE 1ST DEGREE OCCURS WHEN A PERPETRATOR...

Commits a The total value of the property is $1,000 or more;

theft by
AND OR
means other
than extortion The subject of the theft is a firearm or explosive.*

Or. Rev. Stat. § 164.055. *This is only a partial list. See statute for full details.

ROBBERY IN THE 3RD DEGREE OCCURS WHEN A PERPETRATOR...

Preventing or overcoming resistance to the taking of

While committing or the property or to retention thereof immediately after
attempting to commit theft or the taking;
unauthorized use of a vehicle, OR

uses or threatens the Compelling the owner of such property or another

immediate use of physical person to deliver the property or to engage in
force with the intent of: conduct which might aid in the commission of the
Or. Rev. Stat. § 164.395. theft or unauthorized use of a vehicle.

ROBBERY IN THE 2ND DEGREE OCCURS WHEN A PERPETRATOR...

Represents by words or conduct that he or she is armed with

Commits what purports to be a dangerous or deadly weapon;
robbery in the AND
OR
3rd degree
Is aided by another person actually present.
Or. Rev. Stat. § 164.405.

ROBBERY IN THE 1ST DEGREE OCCURS WHEN A PERPETRATOR...

Is armed with a deadly weapon;

Commits OR

robbery in the AND Uses or attempts to use a dangerous weapon;

3rd degree OR

Causes or attempts to cause serious physical injury to any person.

Or. Rev. Stat. § 164.415.

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BURGLARY
THE CRIME OF BURGLARY

IN OREGON

BURGLARY IN THE 2ND DEGREE OCCURS WHEN A PERPETRATOR...

WITH INTENT TO

ENTERS COM M IT
OR REMAINS
UNLAWFULLY IN A
A BUILDING CRI M E
TH EREIN.
OR

Or. Rev. Stat. § 164.215.

BURGLARY IN THE 1ST DEGREE OCCURS WHEN A PERPETRATOR...

Is armed with a burglary tool, theft

Commits device, or a deadly weapon;
burglary in the
2nd degree in a OR

dwelling;
Causes or attempts to cause physical
OR injury to any person;
In effecting OR
entry or while in
a building or in Uses or threatens to use a
immediate dangerous weapon.
flight therefrom:

Or. Rev. Stat. § 164.225.

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ASSAULT
THE
HE CRIME
RIME OF
F ASSAULT
SSAULT

IN OREGON
ASSAULT IN THE FOURTH DEGREE OCCURS WHEN A PERPETRATOR...

Intentionally, knowingly, or recklessly causes physical injury to another;

OR

With criminal negligence, causes physical injury to another by means of a

deadly weapon.*

Or. Rev. Stat. § 163.160. *This is only a partial list. See statute for full details.

ASSAULT IN THE THIRD DEGREE OCCURS WHEN A PERPETRATOR...

Serious physical injury to another by means of a deadly or

dangerous weapon;
OR

Recklessly Serious physical injury to another under circumstances

causes: manifesting extreme indifference to the value of human life;
OR

Physical injury to another by means of a deadly or dangerous

Or. Rev. Stat. § 163.165.
weapon under circumstances manifesting extreme indifference
to the value of human life.*
*This is only a partial list. See statute for full details.

ASSAULT IN THE SECOND DEGREE OCCURS WHEN A PERPETRATOR...

Intentionally or knowingly causes serious physical injury to another;

OR

Intentionally or knowingly causes physical injury to another by means of a

deadly or dangerous weapon;
OR

Recklessly causes serious physical injury to another by means of a deadly

Or. Rev. Stat. § 163.175. or dangerous weapon under circumstances manifesting extreme
indifference to the value of human life.

ASSAULT IN THE FIRST DEGREE OCCURS WHEN A PERPETRATOR...

Intentionally causes serious physical injury to another by means of a

deadly or dangerous weapon.*

*This is only a partial list. See statute for full details.

Or. Rev. Stat. § 163.185.

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11
DO I HAVE TO RETREAT?
THE “STAND YOUR GROUND” LAW

IN OREGON
AM I LEGALLY REQUIRED TO RETREAT?

“Stand Your Ground” is the popular name for a legal doctrine referred to in the law as “No Duty
to Retreat.” The words “Stand Your Ground” are not found in the Oregon Revised Statutes, but
Oregon still has a “Stand Your Ground” doctrine, found in State v. Sandoval, 156 P.3d 60 (Or. 2007).

OREGON
LAW PROVIDES: Oregon self-defense statutes require

 that you reasonably believe that

NO DUTY
another person is using or about to
use deadly physical force against you.

TO RETREAT  The law does not require you to retreat

or attempt to escape.
BEFORE THE USE OF
DEADLY PHYSICAL
FORCE

Or. Rev. Stat. § 161.209;

State v. Sandoval, 156 P.3d 60 (Or. 2007).

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THE CASTLE DOCTRINE
USE OF DEADLY PHYSICAL FORCE UNDER THE CASTLE DOCTRINE IN OREGON

The “Castle Doctrine” is the popular name for a legal philosophy that every person, as the “king” or
“queen” of their own home, never has to flee the castle before using deadly physical force against
an intruder. Oregon’s version of the “Castle Doctrine” can be found in Or. Rev. Stat. § 161.219.

WHEN DO I GET THE PROTECTION OF THE “CASTLE DOCTRINE”?

THEN
IF
You reasonably
believe that another
is committing or You are justified in using
attempting to deadly physical force.
commit a burglary
of your...

DWELLING

Or. Rev. Stat. § 161.219.

WHAT IS CONSIDERED A “DWELLING”?

Dwelling: A building which regularly or intermittently is occupied

by a person lodging therein at night, whether or not a person is
actually present. Or. Rev. Stat. § 164.205(2).

DWELLING

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WHERE AM I LEGALLY
ALLOWED TO CARRY?
WITH A LICENSE WITHOUT A LICENSE
LONG GUNS
TO CARRY TO CARRY

LOCATION Handgun Handgun Handgun Handgun Open with Open without

Concealed Open Concealed Open CHL CHL

A person's own place of residence or place of business.

Vehicles, when in accordance with local regulations.

Snowmobiles or all-terrain vehicles if the firearm is unloaded. Those with a license

may carry a loaded firearm.

Public places not otherwise prohibited.

Private property where the owner posts and prohibits pistol possession.

Bars or restaurants that serve alcohol, unless notice of prohibition is posted.

Public or private schools.*

Colleges or universities.*

The portion of any other building occupied by an agency of the state

or a municipal corporation.

Capitol Building.

City halls or residences of any state officials elected at large.

Hospitals.

Racecourses of the Oregon Racing Commission.

While lawfully hunting, fishing, or practicing target shooting, when in accordance

with local regulations.

State parks.

National parks (not inside buildings or facilities).

Native American reservations or reservation property (including casinos) without

written permission.

Security areas of correctional, lockup, and temporary hold facilities except in times
of emergency as determined by the administrator of the facility.

U.S. Post Office, VA Hospital, or other place not permitted by federal law, including
parking lots and sidewalks.

Military installations.

Note: Possession of firearms in any building occupied by an agency of the state or by a city, a county, or a district as defined in Or. Rev. Stat. § 198.010, or any other
entity that falls within the definition of “municipal corporation” in Or. Rev. Stat. § 297.405, other than a court facility, is prohibited.
*State law permits license holders to carry firearms on school grounds. However, schools, colleges, and universities may prohibit possession of firearms on school
grounds, and most have done so. The school must post a clearly visible sign at all normal points of entry, and post notice on the governing board's website. Check
with the school before attempting to carry a firearm. Leaving the firearm unloaded and locked in a motor vehicle is permitted.

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CIVIL LIABILITY
YOU’RE NOT OUT OF THE WOODS YET

TWO INDEPENDENT LEGAL SYSTEMS

CRIMINAL SYSTEM CIVIL SYSTEM

THE STATE ANOTHER

vs. vs.
YOU YOU
Seeking Seeking
to Deprive Freedom Monetary Compensation

THE LAW

Oregon does NOT provide any civil immunity even if you have justifiably used deadly physical
force. In a civil action initiated by or on behalf of a perpetrator, the court may award reasonable
attorneys’ fees and costs, including expert witness fees, court costs, and compensation for loss of
income even if you justifiably used deadly physical force.

Note to
U.S. LawShield® Members:
WHAT IT MEANS
All of your attorneys’
fees are covered for both the
It is a common misconception that if you have
criminal and civil systems.
used justified physical force or deadly physical
force, the law will provide complete
protection or “immunity” from the civil legal
system. It does not. In Oregon, you can be WE DEFEND YOUR
sued and held liable for any harm you cause RIGHT TO BEAR ARMS
to another, even if you act in justified
self-defense.

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OREGON RECIPROCITY MAP

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TRAVEL AND FIREARMS
IF YOU ARE NOT IN OREGON

YOU ARE LEAVING OREGON

Oregon and Oregonians are unique in this world. As you might expect, gun laws in Oregon are also unique. Our state’s
firearms laws, in some manners, are more restrictive than other states by comparison. In other circumstances, Oregon
laws are less restrictive. If travel plans take you beyond the borders of the Beaver State and you wish to continue
exercising your 2nd Amendment rights in one of the other states in the Union, familiarize yourself with that state’s laws!
When you are in another state, you are subject to that state’s laws. There is no standardization of gun laws within the 50
individual states (not to mention Native American Reservations and Lands). Even states that are thought of as “gun
friendly” can have peculiar quirks in their firearms laws. For example:

NEVADA
Nevada makes it a crime to carry a loaded rifle or shotgun in (or on) any vehicle while traveling on
a public roadway.

IDAHO WASHINGTON
A person may carry a firearm (openly or concealed) in their The State of Washington prohibits carrying
vehicle so long as they are at least 18 years of age or older, loaded handguns in a vehicle without a
a citizen of the United States, or a current member of the recognized concealed pistol license
armed forces of the United States, and not otherwise (Washington does NOT recognize licenses
prohibited from possessing firearms or ineligible to obtain issued by Oregon).
their Idaho concealed weapons license.

EACH STATE HAS DIFFERENT GUN LAWS

The firearms laws of the various states are usually found on that state’s chief law enforcement department, attorney
general, or department of justice website. If you are traveling to or through a state that does not honor an Oregon
license, it is imperative that you check the laws of that state concerning legally traveling with a firearm. States that do
not recognize an Oregon license might strictly prohibit possession of firearms, certain magazines, or ammunition.
Traveling to these states can be a costly mistake resulting in felony charges and imprisonment. If you are only traveling
through one of these states, you may be eligible for protections under 18 U.S.C. § 926A (see below). Take the time to
know the law!
“Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof,
any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be
entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such
firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly
accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without
a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.” 18 U.S.C. § 926A.

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Rev 09/2022