Oregon lawyer Mike Arnold has the experience in firearms training and gun rights. He has defended Oregonians of gun charges and have protected their gun rights in the face of fraudulent protective orders. As an advocate of the Second Amendment, Mike also recognizes the responsibilities that go along with our firearm rights and, as a result, he has promoted firearm education through free CHL classes that he has hosted in the past.
Mike Arnold has also defended two of the state’s most notorious firearms self defense cases. He wrote a book about a case of his where a retired UFC fighter and Marine was accused of murder for shooting an unarmed elderly man in the face with AR in a road rage incident. Mike has also taught Oregon attorney colleagues the nuances of Oregon Gun Law in a Continuing Legal Education (CLE) class sponsored by the National Business Institute.
Mike has also handled Oregon criminal defense cases for wildlife violations and self-defense shootings (murder, attempted-murder, etc.), as well as self-defense “brandishing a firearm” cases. He has familiarity with most firearms and firearm laws.
Oregon Gun Laws as of 6/11/2013 – a brief summary
(1) Registration: You don’t have to register firearms and there are no waiting periods.
(2) Concealed Carry: We are a “shall issue” concealed carry permit state. ORS 166.291; ORS 166.292. Without a CHL, you cannot conceal a handgun on your person or in your car. ORS 163.250. However, there are some detailed exceptions for hunters, fisherman, and gun range members. ORS 166.260(3).
(3) Open Carry: Open carry is allowed with a few government-building exceptions. ORS 166.250(3).
(4) “Assault” Weapons: There are no restrictions on so-called “assault weapons.”
(5) Machine Guns: Fully automatic machine guns, short-barreled rifles/shotguns, and silencers are legal in Oregon with the proper federal tax stamps (currently $200 each). ORS 166.272(3)-(4).
(6) Statewide Standardization: State law preempts local gun control laws. ORS 166.170. Local city and counties may prohibit loaded firearms in public places but they do not apply to people licensed to carry a concealed handgun. ORS 166.173.
Oregon Self-Defense/Castle Doctrine
Self-Defense: A person can use physical force on another person to defend himself or another from what he reasonably believes to be a the use or imminent use of unlawful physical force. You can only use the degree of force you reasonably believe necessary. UCrJI No. 1107.
Deadly Force: In Oregon a person cannot use deadly physical force (i.e., with a firearm) unless he or she reasonably believes that the other person was (1) committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; (2) committing or attempting to commit a burglary in a dwelling; or (3) using or about to use unlawful deadly physical force against defendant or another person. UCrJI No. 1108.
It is important to note that one felony involving the “use of physical force” is Assault in the Third Degree. Assault III is basically the act of being assaulted by more than one person, which makes a normal intentional or knowing misdemeanor assault a felony. ORS 163.165(e).
How much force? In general, a person can only use the degree of force which he or she reasonably believes to be necessary. UCrJI No. 1227.
Provocation: You can’t use physical force on another person if you provoked the use of unlawful physical force by that person with intent of causing them physical injury or death. UCrJI No. 1109. If you were the initial aggressor, ordinarily you can’t respond with force. However, you can use physical force if you withdrew from the encounter and effectively communicated to the other person an intent to withdraw from the encounter, but they nevertheless continued or threatened to use unlawful physical force. UCrJI No. 1110.
Burglars/Trespassers: You may use a reasonable degree of physical force in defense of premises to terminate the trespass and only the amount of force you reasonably believe to be necessary. UCrJI No. 1112.
You cannot use deadly physical force unless you reasonably believe that (1) the other person is committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; (2) they are committing or attempting to commit a burglary in a dwelling; (3) they are about to use deadly force; or (4) as necessary to prevent an arson or another felony by force and violence by the trespasser. UCrJI No. 1113.
Call or text 24/7 an Oregon firearm law firm at 541-797-0110.