Oregon’s hate and gun laws have gaps that allow some people to keep and access guns, including assault weapons, after they have been convicted of violent hate crimes.
Access to Guns for People Convicted of Hate Crimes in Oregon
| Violence with Severe Bodily Injury | Violence with Bodily Injury | Other Crimes Involving Intentional Use of Force | Threats with Deadly Weapons | Other Credible Threats to Physical Safety | |
|---|---|---|---|---|---|
| Federal Law | Very limited or no access | Very limited or no access | Some access | Some access | Some access |
| State Law | Very limited or no access | Very limited or no access | Some access | Some access | Some access |
Oregon’s hate crime (or “bias crime”) laws generally make it a felony to intentionally, knowingly, or recklessly cause physical injury, or intentionally place another person in fear of imminent serious physical injury, because of the victim’s actual or perceived race, color, religion, gender identity, sexual orientation, disability, or national origin.1 (Note, however, that judges are authorized to reclassify this crime as a misdemeanor instead if the court believes a felony conviction would be “unduly harsh”).2 Oregon also makes it a misdemeanor to, among other things, intentionally alarm a bias crime victim by threatening to inflict serious physical injury.3 This bias crime misdemeanor is punishable by up to 364 days in prison.4
Oregon generally prohibits people from accessing guns if they have been convicted of a felony or of a misdemeanor stalking offense.5 Oregon also prohibits people from selling or transferring guns to people who have been convicted of specified violent misdemeanors, including assault and bias-motivated offensive contact, within the previous 4 years.6 Unusually, however, this law only applies to the person selling or transferring a firearm and does not actually penalize the person convicted of a violent misdemeanor if they acquire guns or continue to possess them after conviction.7 Oregon does not make misdemeanors punishable by a term long enough to trigger federal firearm laws, so hate crime offenders are generally restricted from accessing guns under both Oregon and federal law only if they have been convicted of a felony, including the state’s hate crime statute, (or under state law if they are convicted of misdemeanor stalking).8
Oregon generally classifies violent hate crimes as firearm-prohibiting felonies if they involve physical injury or acts that intentionally place a victim in fear of imminent serious injury.9 However, people convicted of misdemeanor bias crimes involving credible threats of serious violence, or offensive physical contact, remain eligible to access guns under both state and federal law.10
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- Or. Rev. Stat. § 166.165. This law also makes it a felony to cause physical injury to another person with criminal negligence by means of a deadly weapon on this basis. [↩]
- Or. Rev. Stat. § 161.705.[↩]
- Or. Rev. Stat. § 166.155.[↩]
- Or. Rev. Stat. § 161.615[↩]
- Or. Rev. Stat. § § 166.270(1)(c)(C), (4); 166.470(1)(b); 166.255(c).[↩]
- Or. Rev. Stat. § 166.470(1)(g).[↩]
- See Or. Rev. Stat. § 166.255.[↩]
- Or. Rev. Stat. § 161.615. Federal law generally prohibits people from accessing firearms if they have been convicted of a felony punishable by over one year in prison, or a state law misdemeanor punishable by more than two years. 18 U.S.C. § 922 (g)(1); 18 U.S.C. § 921(a)(20)(B).[↩]
- Or. Rev. Stat. §§ 166.165 (unless judges reclassify such offenses as misdemeanors under § 161.705); 163.175; 163.185.[↩]
- See Or. Rev. Stat. § 166.470(1)(g) (violent misdemeanor offenders not prohibited from possessing or acquiring guns and sale or delivery of guns to people convicted of misdemeanor bias crimes under § 166.155(1)(c)(A) for threatening to inflict serious physical injury is also not prohibited).[↩]