Oregon does not have a statute specifically titled “Stand Your Ground” law. However, the state’s legal framework and court decisions make it clear that there is no duty to retreat before using force, including deadly force, in self-defense if you are lawfully present at the location where the threat occurs.
This means you are not legally required to try to escape or withdraw before defending yourself or others from an imminent threat.
When Is Force Justified?
Oregon law allows the use of physical force in self-defense or defense of others when you reasonably believe it is necessary to prevent the imminent use of unlawful physical force against yourself or another person. The law emphasizes two key principles:
- Reasonable Belief: You must genuinely and reasonably believe that force is necessary to prevent imminent harm.
- Proportionality: The amount of force used must be proportional to the threat faced. Deadly force is only justified if you reasonably believe it is necessary to prevent death, serious physical injury, or to stop a violent felony.
Deadly Force and Its Limits
Deadly force in Oregon may only be used in specific circumstances, such as:
- To prevent imminent death or serious physical injury to yourself or another person.
- To stop a felony involving the use or threat of physical force.
- To prevent or stop a burglary in your dwelling.
You cannot use deadly force solely to protect property, nor can you claim self-defense if you are the initial aggressor, unless you clearly withdraw from the conflict and the other person continues to threaten you.
The Castle Doctrine
Oregon also follows the Castle Doctrine. This means you have the right to use force, including deadly force, to defend yourself in your home (or any place you are lawfully staying overnight) without a duty to retreat. The law extends this protection to various types of dwellings, including houses, apartments, RVs, and hotel rooms.
Important Caveats
- Reasonableness Is Key: Juries will evaluate whether your belief in the need for force was reasonable given the circumstances.
- Illegal Activity Exception: If you are engaged in illegal activity at the time of the incident, your right to claim self-defense may be invalidated.
- Imminent Threat Required: The threat must be immediate; speculative or future threats do not justify the use of force.
Summary Table: Oregon Self-Defense Law
| Principle | Oregon Law Position |
|---|---|
| Duty to Retreat | No duty to retreat if lawfully present |
| Use of Deadly Force | Permitted if threat is imminent and serious |
| Castle Doctrine | Applies-no duty to retreat in your home |
| Proportionality | Force must match the level of threat |
| Illegal Activity | Cannot claim self-defense if engaged in a crime |
Key Takeaway
Oregon is not explicitly a “Stand Your Ground” state by statute, but in practice, there is no duty to retreat before using reasonable and necessary force in self-defense, provided you are not engaged in illegal activity and the threat is immediate and serious. The law prioritizes reasonable belief and proportionality in all self-defense situations.
Sources:
- https://giffords.org/lawcenter/state-laws/stand-your-ground-in-oregon/
- https://www.kollielaw.com/single-post/the-oregon-stand-your-ground-law-guide
- https://en.wikipedia.org/wiki/Stand-your-ground_law
- https://www.opb.org/article/2025/04/11/firearms-guns-oregon-gun-legislation-regulation-rapid-fire-devices-waiting-period-measure-114/