Open carry in Portland

Discussion in 'Legal & Political' started by stitchclimber, Dec 10, 2008.

  1. stitchclimber

    stitchclimber Active Member

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    Is open carry allowed in Portland/and other major cities with a state concealed carry license?

    I've heard multiple answers on this one....

    I know in Portland you are allowed to carry openly, just the gun must be unloaded. A 'no loaded weapons' law.

    And the multnomah co sheriffs office made it clear that my license allowed me to bypass any cities 'no loaded weapons' laws. But when I pressed them as to the legality of open carry, they declined to answer.

    Since I don't make a habit of OCing I didn't push it.

    But now I want to know.

    What happens if through a 'wardrobe malfunction' my weapon loses its concealment, or if I take off my jacket while at the store and my piece is showing?
  2. Joe Link

    Joe Link Administrator Staff Member Platinum Supporter Life Member

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    Yes, with a CHL you can open carry in Portland and the few other cities that prohibit it otherwise.
  3. stitchclimber

    stitchclimber Active Member

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    Thanks Joey. Do you know where this is written down in city or state law? I was hassled by Portland PD for open carrying in my parking lot while working on my car, and they assured me that my concealed license meant concealed and concealed only.
  4. yotehunter

    yotehunter Active Member

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    make sure it is unseen you could be charged with brandishing a firearm
  5. Joe Link

    Joe Link Administrator Staff Member Platinum Supporter Life Member

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    I'd check over on concealedcarry.org. I believe they have the statutes you can print up and carry with you.
  6. CharlesAFerg

    CharlesAFerg Active Member

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    Wrong.
    As long as it is holstered, there is no way it would hold up in court.

    Here's how it works. Reference the Oregon Revised Statutes chapter 166, linked here:
    http://www.leg.state.or.us/ors/166.html
    Remember that anything NOT prohibited is allowed:

    You start off with Open Carry is legal anywhere in the state except: Federal Property (which has its own rules) Courthouses, Jails and Public Buildings. “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 166.250 and 166.370)

    A city or county may regulate the open carrying of a LOADED firearm. (ORS166.173). And note that Portland's definition, for example, of loaded means what you would think it means PLUS it also means having a magazine with rounds in the magazine even if that magazine is not in the gun.

    If you have a CHL not only can you now carry concealed, but also the city/county regulations of loaded do not apply to you, nor does the public building prohibition. (ORS 166.173(2)(c) and 166.370(3)).

    There is nothing anywhere anyhow that requires you to carry concealed just because you have a CHL. In fact it is accurate to say that anywhere you can carry concealed with your CHL you may also carry openly. Whether in any particular instance it may be smart to do so is another story...
  7. Morpheus

    Morpheus Gold Supporter Gold Supporter

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    Portland, and at least one other city (don't remember which) have used a semi-loophole in the Oregon State firearms laws.

    Basically, they do not allow for open carry. But they can not forbid concealed carry as long as you have a CHL. To my knowledge this is a very fine line between State Constitution and local Law.

    It is also my knowledge, please do your own checking, that Rifles/Shotguns can not technically be controlled in this fashion, only Pistols.

    Need a good lawyer to get his opinion that none of us can quote, but at least have a point of reference to research.

    M
  8. CharlesAFerg

    CharlesAFerg Active Member

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    Please show us where you found this information, because you can open carry with a CHL. I referenced the revised statutes above..
  9. Buddhalux

    Buddhalux Active Member

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    Portland and Beaverton have "no open carry" laws iirc.
  10. stitchclimber

    stitchclimber Active Member

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    Correction, Portland has a no loaded firearms law. Not a "no open carry" law. I can't speak for Beaverton.
  11. CharlesAFerg

    CharlesAFerg Active Member

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    Same with Beaverton. Doesn't anybody read my post? The city ordinances don't have authority over the state laws. Pre-emption.

    The law specifically states that this regulation does not apply to CHL holders. Also, there is no distinguishing open carrying from concealed, nor is there a legal requirement to do so.

    Read my post.. This is getting old, cite references.
  12. stitchclimber

    stitchclimber Active Member

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    agreed. that's why I started this thread, to sort out all the bull I was hearing about the subject.
  13. kirkcdl

    kirkcdl Member

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    Re what Morpheus said above:It is a Concealed "Handgun" license,meaning ANY other weapon is not covered,like auto knives,batons,shotguns,rifles,etc...Just handguns...
  14. Gray Peterson

    Gray Peterson Member

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    Open carry of a handgun if you have a CHL is completely 100% legal in Portland, and indeed, statewide.

    Severe lack of legal citation in here.

    ORS 166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county 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]

    You can open carry in Portland with CHL. Folks, I open carried as a spectator at Pride Northwest 2007, after months with tangling with the City Attorney's office. I spent almost 9 months hammering Portland's Police Bureau to educate their officers on the legality of open carry with a CHL. As far as I know, they did.
  15. Gray Peterson

    Gray Peterson Member

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    First, head on over to opencarry.org's Oregon Firearms.

    How exactly where you hassled, stitch. What did they say or do? I can't do anything about the situation until you be more specific. If you don't feel comfortable posting about it, PM me.
  16. stitchclimber

    stitchclimber Active Member

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    I live in a small complex of 9 single level condo's with a parking lot in the middle. I carried a .40 cal S&W in an IWB holster in the small of my back. I had a week day off, and because most of the condo residents were away from home I began cleaning out my car, and checking the oil ect... On this particular warm summer day I removed my shirt, leaving my holstered gun visible. I continued to clean out my car, check the oil, grab my mail ect... I went inside my condo, still shirtless to grab a soda, about a min after going inside I heard a knock on my door, outside were two male police officers, and in the parking lot behind them two more officers, one a female with her Glock drawn. Without thinking I opened the door for the officers and was immediately asked to "keep my hands where they could see them" An officer had me turn around, as he unholstered, inspected and unloaded my weapon. As I explained that I was licensed to carry and not violating any laws by doing so, they took down my phone #, DL # and info of my carry permit. Then they proceeded to tell me that they'd let me off the hook this time, but that my concealed weapons permit was for concealed weapons only and that I was not to be seen with my gun, and if I was seen again I stood the chance of being arrested.. They stated that they had received a call about a man running around with a gun and that they had to respond accordingly. (I can only assume it was a neighbor or some one passing by on Lombard St. that called) I apologized for the inconvenience that they had incurred and assured them that I would be "more careful" next time.

    I was extremely irritated that I was hassled for something I was doing on my own condo lot.
  17. caliber bob

    caliber bob Member

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    The fact that they "Let you off the hook this time" makes it sound like they had no foundation of a reason to arrest you.
  18. stitchclimber

    stitchclimber Active Member

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    Yeah I found it more annoying and embarrassing than anything else. I live in a nice place and to be hassled by Portland PD right in my doorway was kinda embarrassing.
  19. caliber bob

    caliber bob Member

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    Sounds to me like you should keep on carrying like that since you are leagal.:thumbup:
  20. Gray Peterson

    Gray Peterson Member

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    OK, do you remember EXACTLY which day this happened? What time? What did the officer look like?

    You need to immediately file a complaint against the officers.

    Here's the link:

    http://www.portlandonline.com/auditor/index.cfm?a=7372&&c=27067

    If you were in Washington I would refer you to a local attorney that I know that would take these cases on contigency. Unfortunately I do not know any similar attorneys in Oregon, but I'm looking for one!