Firearms Laws and Questions

[ZombieAssassin]

It is legal to open carry in public places. A business is private property; a representative of that property (for a business, an employee; for a residence, a tenant) can ask you to not enter their building with a firearm. If you refuse, you can rightfully be arrested for trespassing (possibly more if you're acting crazy).

ORS 166.173 (Ctrl-F to find 166.173)
166.173 Authority of city or county to regulate possession of loaded firearms in public places.
(1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.
(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

(a) A law enforcement officer in the performance of official duty.
(b) A member of the military in the performance of official duty.
(c) A person licensed to carry a concealed handgun.
(d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370. [1995 s.s. c.1 §4; 1999 c.782 §8]​

CHL is exempt by (2)(c).
Cities and counties can further restrict open carry by (1).

ORS 161.015 for public places definition (Ctrl-F to find 161.015)
161.015 General definitions

(10) "Public place" means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation. [1971 c.743 §3; 1973 c.139 §1; 1979 c.656 §3; 1991 c.67 §33; 1993 c.625 §4; 1995 c.651 §5]
​

ORS 166.360 (Ctrl-F to find 166.360)
166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise:

(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.
​

ORS 164.265 (Ctrl-F to find 164.265)
164.265 Criminal trespass while in possession of firearm.
(1) A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.
(2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 §2]

 

[mallard8767]

just wondering .... what other states accept an Oregon CHL? Does washington?

if you know can you site the actual statute

 

[ZombieAssassin]

just wondering .... what other states accept an Oregon CHL? Does washington?

if you know can you site the actual statute

http://www.handgunlaw.us/documents/USReciprocity.pdf

States that honor OR: AK*, AZ, ID, IN, KY, MI, MO, MT, OK, SD, TN, UT, VT*

Unfortunately the document doesn't mention state statutes for each. I found this: http://www.gunlaws.com/links/index.htm

Personally I'd like to see each state's statute linked so I can verify the info. I looked for AZ and couldn't find one.

 

[Dan-Dee Sales Inc]

http://www.handgunlaw.us/documents/USReciprocity.pdf

States that honor OR: AK*, AZ, ID, IN, KY, MI, MO, MT, OK, SD, TN, UT, VT*

Unfortunately the document doesn't mention state statutes for each. I found this: http://www.gunlaws.com/links/index.htm

Personally I'd like to see each state's statute linked so I can verify the info. I looked for AZ and couldn't find one.

Of course Oregon does not honor any other State.

 

[mallard8767]

i think its crazy that OR and WA dont honor each others permits considering the numerous people that commute/live/work between states...

o well guess its time to get that UT permit

 

[samurai388]

I had a question (probably a stupid one ) about buying a gun from a non-FFL holder who lives in my state (the other side of my state but still my state). Can that non-FFL holder ship the gun straight to my FFL holder or do they have to transfer it to an FFL holder and have that FFL holder ship it to my FFL holder then my FFL holder would transfer it to me?

:huh:

(Sorry again if this is a stupid question)

 

[PhysicsGuy]

I had a question (probably a stupid one ) about buying a gun from a non-FFL holder who lives in my state (the other side of my state but still my state). Can that non-FFL holder ship the gun straight to my FFL holder or do they have to transfer it to an FFL holder and have that FFL holder ship it to my FFL holder then my FFL holder would transfer it to me?

:huh:

(Sorry again if this is a stupid question)

They can ship it directly to your FFL. They need a copy of your dealer's license to show the shipper.

 

[samurai388]

Thanks for the quick response I wasn't sure so I thought I'd ask thanks again

 

[MarkSBG]

There was a question posted in one of the WTT/WTS section about transferring a rifle between WA and OR without a FFL. Is an FFL tranfer required for rifles and handguns or just handguns.

Here is the code PhysicsGuy previously posted.

§ 178.29 Out-of-State acquisition of
firearms by nonlicensees.
No person, other than a licensed importer,
licensed manufacturer, licensed
dealer, or licensed collector, shall
transport into or receive in the State
where the person resides (or if a corporation
or other business entity,
where it maintains a place of business)
any firearm purchased or otherwise obtained
by such person outside that
State: Provided, That the provisions of
this section:
(a) Shall not preclude any person who
lawfully acquires a firearm by bequest
or intestate succession in a State other
than his State of residence from transporting
the firearm into or receiving it
in that State, if it is lawful for such
person to purchase or possess such firearm
in that State,
(b) Shall not apply to the transportation
or receipt of a rifle or shotgun
obtained from a licensed manufacturer,
licensed importer, licensed dealer, or
licensed collector in a State other than
the transferee’s State of residence in
an over-the-counter transaction at the
licensee’s premises obtained in conformity
with the provisions of
§ 178.96(c) and
(c) Shall not apply to the transportation
or receipt of a firearm obtained
in conformity with the provisions of
§§ 178.30 and 178.97.

I couldn't find a loophole for transferring rifles. If there is one here or in another section maybe someone could input their .02.

 

[tionico]

short answer... no way out. Interstate transfer of ANY modern firearm MUST be through a FFL Dealer.

Not right

unconstitutional

but its the law. If both parties know each other well, trust each other, and want to anyway, go ahead.... but understand you are committing a federal level felony. Don't tell anyone, don't mention it. Unless you have a "get out of jail free" card that will work for the Federal Prosecutors, best to spend the twenty bucks or so and find a dealer. Should work to have one from either state, as buying long guns interstate FROM A DEALER is fully legal. So, the actual sale can happen either side the river, legally.

I'd recommend doing it on the Washington side, as this state do not keep a record of the sale, as Oregon do. Washington dealers simply use the FBI's NICS check line, and when getting the proceed code, the transfer completes. The dealer has to keep HIS yellow form twenty years, and it is there if BATF come round with a burr under their saddle blanket AND have the gun in question in their custody, looking for who sold it to a Mexican gun runner. Oregon keep their papers on file, and I've heard they maintain a database of the info in them. Also, since Oregon maintain their own state system, and it is short staffed, the call for the BG check CAN take a very very very loooonnngggg time. I waited once at an Oregon dealer, he was on hold for forty five minutes waiting for an available clerk. Once she was on the phone, it took less than two more.... but that wait. Oh my.

The FBI is required by law, at present, to destroy any records of the background check within 24 hours. (we all know how easy THAT would be to change.... an executive order signed by the Big Oh. Instant de facto gun registration).


SO--- to be on the up and up, find a FFL dealer who will transfer. Now, interestingly, the present owner CAN lawfully transport the gun (handgun or long gun) to another state, WHILE IT IS YET HIS, and deliver it to the transfer dealer in person. If the putative purchaser meets, or accompanies, you there, the whole deal can take place in about fifteen minutes.

Until we unseat the representatives upholding this bother and nonsense, and get back to the Rule of Law, (i.e. the Constitution) we will have to suffer through this garbage.

 

[Kaltbluter]

There was a question posted in one of the WTT/WTS section about transferring a rifle between WA and OR without a FFL. Is an FFL tranfer required for rifles and handguns or just handguns.

If I understand this correctly, It is legal in Oregon to obtain a long gun in a private sale from a bordering state.

It would also need to be legal in that bordering state to transfer the gun to an Oregon resident.


§ 166.490¹
Purchase of firearms in certain other states
1 Legislative Counsel Committee, CHAPTER 166—Offenses Against Public Order; Firearms and Other Weapons; Racketeering,
https://www.oregonlaws.org/ors/166.490.html
Close this

(1) As used in this section, unless the context requires otherwise:

(a) "Contiguous state" means California, Idaho, Nevada or Washington.

(b) "Resident" includes an individual or a corporation or other business entity that maintains a place of business in this state.

(2) A resident of this state may purchase or otherwise obtain a rifle or shotgun in a contiguous state and receive in this state or transport into this state such rifle or shotgun, unless the purchase or transfer violates the law of this state, the state in which the purchase or transfer is made or the United States.

(3) This section does not apply to the purchase, receipt or transportation of rifles and shotguns by federally licensed firearms manufacturers, importers, dealers or collectors.

(4) This section expires and stands repealed upon the date that section 922(b) (3) of the Gun Control Act of 1968 (18 U.S.C. 922(b) (3)) and regulations pursuant thereto are repealed or rescinded. [1969 c.289 §§1,2,3,4]

 

[MarkSBG]

Thanks for the post Kaltbluter!!

 

[motoman98]

Be careful, here!
Kaltbuter is quoting Oregon State Statutes, I believe.
Back on P.1, PhysicsGuy is quoting Federal regulations, ie:
"This is prohibited by Title 27 § 178.29 and § 178.30 of the code of federal regulations"
Can you guess which takes precedence?

 

[Kaltbluter]

Be careful, here!
Kaltbuter is quoting Oregon State Statutes, I believe.
Back on P.1, PhysicsGuy is quoting Federal regulations, ie:
"This is prohibited by Title 27 § 178.29 and § 178.30 of the code of federal regulations"
Can you guess which takes precedence?

I can tell you which one should take precedence. Unfortunately, what should be rarely ever is.

Either way, I will continue to do in-state purchases/sales only.

 

[tionico]

*(2) A resident of this state may purchase or otherwise obtain a rifle or shotgun in a contiguous state and receive in this state or transport into this state such rifle or shotgun*, unless the purchase or transfer violates the law of this state, the state in which the purchase or transfer is made or the United States.

(3) This section does not apply to the purchase, receipt or transportation of rifles and shotguns by federally licensed firearms manufacturers, importers, dealers or collectors.

(4) This section expires and stands repealed upon the date that section 922(b) (3) of the Gun Control Act of 1968 (18 U.S.C. 922(b) (3)) and regulations pursuant thereto are repealed or rescinded. [1969 c.289 §§1,2,3,4]
***************

First, these are Oregon laws, and are (illegally) trumped by federal statute, quoted back a few posts. Those statutes very plainly state that interstate transfers between non-licensed persons is not legal, for ANY firearm.


I find that last paragraph rather hilarious.... Oregon law says its OK to do face to face transfers, contrary to federal law (the cited gun control act) UNTIL that act is repleaed or rescinded. In other words, Oregon very benevolently says its OK, even though its against Federal law, until the federal law is no longer in place.... well, THEN WHAT> Dummmies, who dontcha make some SENSE er sumpin?

These restrictions violate both the Second Ammendment, and the later one, whichever number it is, saying interstate commerce can't be restricted by the states OR feds. Like I said in my earlier post here, the present laws violate our clear constitutional rights, yet the wisdom dictates we go along with it like the sheep they seem to think we are... but we ought to be working toward the repeal of those unconstitutional restrictions. Most likely this will come through voting out of office those who insist on perpetuating such tyranny.

 

[folksinger]

Anyone know the legality or a good place to read up on it of carrying firearms from Oregon/Washington into Montana? Also, if the laws about shooting on state land are similar? Basically, i was hoping to take some guns with me on my visit and do some plinking with friends while I'm there.

Thanks.

 

[tionico]

Folksinger, there is no problem carrying arms interstate, as long as you are not planning to transfer them whilst out of your state of residence (Oregon, I presume..). You can even carry ammunition, as well.

As far as I know, Oregon's concealed carry permit is not reciprocal with any other state.... mainly because they won't recognise anyone else's, I guess. SO-- once you leave Oregon, if you have such a permit, you'll not be able to carry on your person concealed.

However, carrying arms in your vehicle, unloaded, should be fine. To be super sure, have ammunition in one place, the guns in another. I know in Washington, which you may well pass through on your route, unless you have a valid CPL you cannot have a firearm and ammunition in the same case or box.... and you cannot have a loaded firearm in a vehicle.

Not sure of Idaho's or Montana's laws. I would bet open carry of a sidearm is legal, as it is in Washington. Not sure of transporting loaded weapons in vehicles. Safest to not...... as to having and using them in Montana, your friends should know the local ropes. My guess is they're pretty gun friendly in Big Sky Country. After all, aren't there more cowboys in Montana than in Texas these days?

 

[folksinger]

thanks for the info!

 

[fromotoc]

I had a question (probably a stupid one ) about buying a gun from a non-FFL holder who lives in my state (the other side of my state but still my state). Can that non-FFL holder ship the gun straight to my FFL holder or do they have to transfer it to an FFL holder and have that FFL holder ship it to my FFL holder then my FFL holder would transfer it to me?

:huh:

(Sorry again if this is a stupid question)

He can ship the gun directly to your house, as the federal laws deal with interstate commerce.

 

[cwegga]

I know in Washington, which you may well pass through on your route, unless you have a valid CPL you cannot have a firearm and ammunition in the same case or box.... and you cannot have a loaded firearm in a vehicle.

Do you have a reference for the ammo in seperate box part? I haven't been able to find that in the RCWs. The loaded firearm in a vehicle is illegal no matter what if it is a long gun in Washington and you do need your CPL to concealed OR open carry a handgun in a vehicle.