Thread: Oregon CCW Question

As I was walking through a local department store today, wishing I had wore a belt because my concealed pistol was pulling the back of my pants down I wondered to myself....If the store security stopped me and asked why I kept adjusting my pants and requested to see what I was hiding, am I required by law to tell them?

My first and initial impression is to inform them I am carrying a concealed weapon, if need be show my permit and if they want to search me request only in the presence of LE.

Besides wearing a belt, you do anything differently?

you could always bust into a gangsta strole and nobody would be the wiser

5.1 concealment shirt...has a pocket for a compact pistol...

My "guess" is that they would probably ask you to leave. Even though you're concealing legally and are totally within your right to do so.

I would just tell them... "I forgot my belt and my pants keep falling down".

As far as I know, you are not required by law to tell a department store employee anything. They can ask you to leave and you are obligated to do so. But you don't have to let them search you or your bags.

It's the same when leaving a store. Like Best Buy or Frys, who ask to see your bag at the door after you pay. You allow them to search your bag as a courtesy. Which honestly I find offensive. But the alternative is to rock the boat and goodness knows nobody wants to do that.

I have never in the last 10 years allowed Frys to check my bag or receipt. When they ask to see them, I always say "no thank you", and just walk out the door, never looking back. Not once has anyone come or called after me.

When I was with my teen son, and he saw me do that, he kinda flipped out. I made sure to explain to him that I was not stealing anything, and I was within my right to refuse them to "check me out". I also made sure that he knew if I ever caught him shoplifting, that store security would be least of his troubles. He's 19 now, and I'm real proud of his morals and values.

Just my 2 cents worth.

George

You are required to inform a LEO (if asked), not Paul Blart (mall-cop). If they ask you to leave you need to do so or risk a trespassing charge.

P.S. Ask Santa for a belt! A thick gun belt.

WTF. This would be another addition to the Wal Mart walk hall of fame.

Originally Posted by DoubleTapDrew

You are required to inform a LEO (if asked), not Paul Blart (mall-cop).

I do not believe you are required to inform a LEO that you are armed, even if they ask. Can you give a reference to the law that says this?

After all, it is a concealed handgun license, not a concealed-from-everyone-except-the-police handgun license.

166.380 Examination of firearm by peace officer; arrest for failure to allow examination. (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.

(2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310. [1969 c.705 §3]

Originally Posted by dustinm

As I was walking through a local department store today, wishing I had wore a belt because my concealed pistol was pulling the back of my pants down I wondered to myself....If the store security stopped me and asked why I kept adjusting my pants and requested to see what I was hiding, am I required by law to tell them?

My first and initial impression is to inform them I am carrying a concealed weapon, if need be show my permit and if they want to search me request only in the presence of LE.

Besides wearing a belt, you do anything differently?

Sportin the Tactical Azz crack.

166.380 Examination of firearm by peace officer; arrest for failure to allow examination. (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.

(2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310. [1969 c.705 §3]

That would not apply in this case, because the person is not in a public building.

TRY THINKING BEFORE LEAVING HOME....If that does not work stay home.

Originally Posted by Hawaiian

166.380 Examination of firearm by peace officer; arrest for failure to allow examination. (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.

(2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310. [1969 c.705 §3]

This is more related to OC'ing than CC'ing. If you are CC'ing properly, a cop is never going to walk up to you and ask to examine your pistol. (derp) Also, you sort of need to be in a public building. The definition is outlined at the beginning of the 166 section.

Otherwise, no. You have a right to remain silent.. Know your rights.

Originally Posted by pokerace

TRY THINKING BEFORE LEAVING HOME....If that does not work stay home.

I see that the spirit of the season has eluded someone.

As with any: I am not a lawyer, consult a lawyer for legal advice.

No, you don't have to tell anyone anything - other than a police officer asking to examine your weapon when inside a "public building". If you don't volunteer that you're carrying a weapon, you decrease the likelihood they'll get freaked out and ask you to leave. I will *NEVER* tell a business that I'm carrying. I like having businesses that don't even think about weapons, so don't think to have a "no guns" policy. If I tell them I'm carrying, it increases the chances they'll put up a "no guns" sign. I don't want to encourage businesses to be anti-gun.

The worst a private business can do is tell you to leave under penalty of being declared trespassing.

Isn't a "public building" any building open to the general public?

Originally Posted by deen_ad

Isn't a "public building" any building open to the general public?

166.360 (4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.

Originally Posted by Sling Blade

I see that the spirit of the season has eluded someone.

So true everybody wants something

No matter where I am, if a police office asks me if I am carrying a weapon, I will not lie to him. That is just asking for more trouble than I care for. I don't care what the law says, I don't want to spend major $ in legal fees trying to defend myself. If you all can afford to do that, more power to you.