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Accompanying a licensed hunter - Can I open carry?

Discussion in 'Legal & Political Archive' started by mikemenzie, Sep 23, 2015.

  1. mikemenzie

    mikemenzie Dallas Active Member

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    I've had trouble pinning down the law on this. There are definite and clear laws stating that, in Oregon, a licensed hunter may concealed carry while in the process of hunting activity.
    However, I accompany my mother when she hunts, for safety, and I am not a licensed hunter. I simply want to open carry, but have been informed that I am not even allowed to hold her hunting rifle for her when accompanying her during hunting activities because I am not a licensed hunter. Is this true? Can I open hip carry a pistol for defense? I mean, heck, that's the main reason I accompany her out there. To be told I can't carry openly, either my pistol for defense, or her rifle to give her a break, seems silly...
    Any advice is greatly appreciated, but citation or reference of actual is most helpful. Thanks!
    -Mike
     
  2. Joe13

    Joe13 NW of Vancouver Opinionated & Blunt Bronze Supporter 2015 Volunteer 2016 Volunteer

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    They can't tell you your not allowed to open carry unless there is some law against it on the property your hunting (can't imagine that).

    Last year I also accompanied a hunter in OR because I am in WA the tag was just too spendy. I didn't even go relieve myself without my 6" 357 mag on my belt - which in WA is a legal gun to hunt with.

    My recomendation unofficialy is always take your side arm and NEVER let anyone SEE you assist you mother with her gun...

    Dunno if this applies (Im in WA) but if your mom qualifies for a dissability exception, you can do everything but actually shoot the animal for them - and she could hunt from the vehicle.... Again thats in WA.

    Good Luck, don't act sketchy and I've never had a problem with ANY ranger - they are more after the poachers and people blatently breaking the law.

    P.S. You won't catch me in the woods without at least a side arm and knife if not a rifle or shotgun.
     
  3. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    you can open carry your pistol, you cannot carry her rifle for her.
     
  4. druiseeker

    druiseeker Salem Member 2015 Volunteer

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    Does she qualify for a "Oregon Disabilities Hunting and Fishing Permit"? If so look on page 86 of the 2015 Big Game Regs for details about you holding or even shooting her weapon for her. It looks like if you don't have significant vision impairment, its not a problem.

    The ODFW Fast Facts About ... Firearm Possession seems to indicate you can carry. So does the ODFW web page Weapons Restrictions: Possession of Firearms in the paragraph "What Does it Mean to Hunters and Hunting in Oregon?".
     
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  5. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    The law allows open carrying loaded EXCEPT for a few locations in Oregon OR if the property you are on has it prohibited - and honestly what land will ban open carry but allow rifles? That's odd and maybe stay away from that place.
    Regarding in towns (such as heading out etc...)
    See: http://www.oregonfirearms.org/chl-central/local-gun-codes

    Assuming you are in the woods, romping around somewhere in BLM or other public or private (with permission) land you can OC loaded and not have any issues.
     
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  6. mike1281

    mike1281 Canby Member

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    Yes you can open carry on BLM, public land and private land (with permision). I realize I am just echoing dyjital's post. However it made me think of a question I have... I am under the impression that if your accompanying a licensed hunter in a hunt you must be licensed as well. My brother in law decided to accompany me on a hunt last year... He called ODFW to ask if he needed a license. He stated that he would not be carrying a firearm but would just be a second set of eyes and possibly be of help in carrying my catch out of the woods. None the less he was told to purchase a license. What do u think?
     
  7. bolus

    bolus Portland Gold Supporter Gold Supporter 2015 Volunteer 2016 Volunteer

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    I've signed hunting disability forms for both Oregon and Washington. If anyone has a disability that keeps them from hunting or fishing, these are quite nice to get them back out doing something they enjoy.
     
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  8. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    If your not hunting you can walk right through a herd of deer with a loaded rifle in your hands. Otherwise it would be illegal to target shoot in the woods during any season in the area. Which it is not. The key is being able to prove you are not the hunter. Since handguns are legal during most rifle seasons. Carrying any firearm would be the same.

    as to ODFW saying you need a license WHY they didn't tell you need a tag. Call OSP Game dept they are the ones handing out tickets.

    IMHO
     
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  9. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    unless the other person has a disability, assisting a hunt and actually (personally) hunting is the same and requires a license AND tag. Regs say its illegal to hunt for another person. I dont know why anybody "accompanying" a hunter would ever tell an officer they were "assisting" the hunt, especially if they are open carrying.... just sayin.
     
  10. Oathkeeper1775

    Oathkeeper1775 Coast Range Well-Known Member

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    The only restriction I know-of is carrying a centerfire rifle during rifle elk seasons....check the regs.
     
  11. DieselScout

    DieselScout S Clackamas County Well-Known Member

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    ODFW cannot tell you what type of firearm you can or cannot carry if you aren't hunting. If you are not hunting, the only law that applies are other state laws. You can carry whatever is legal to carry the rest of the year in the woods. I am not saying a game trooper to other LEO may not question your choice of carry, but that doesn't change the fact it is legal to carry.
     
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  12. Joe13

    Joe13 NW of Vancouver Opinionated & Blunt Bronze Supporter 2015 Volunteer 2016 Volunteer

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    You can carrry and gut it and haul it out as long as she shoots and tags it...
     
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  13. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    If you aren't hunting you don't need a license. PERIOD.

    If you want to walk in the woods with a rifle and not hunt (hiking) then so be it.

    Lots of stuff you can do without a license. Just make sure whoever pulls the trigger and carries the rifle with intent of hunting has a license and tag.
     
  14. Oathkeeper1775

    Oathkeeper1775 Coast Range Well-Known Member

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    Page 21,

    HUNTING PROHIBITED
    No Person Shall:
    ■ Hunt with a centerfire or muzzleload-
    ing rifle without a valid unused deer
    or elk tag for that time period and
    area on their person (see exceptions)
    during: standard Eastern Oregon
    controlled buck deer centerfire firearm
    season (Oct.3-Oct.14), Cascade bull
    elk centerfire firearm season, Coast
    bull elk 1st and 2nd centerfire firearm
    seasons both General and Controlled,
    or Rocky Mt bull or either-sex elk
    centerfire firearm seasons or standard
    Rocky Mt antlerless elk centerfire
    firearm seasons (Nov. 21 - Nov. 29).
    This does not include Controlled W
    High Cascade (119A) or Hood White
    Rvr (141A) buck hunts..........

    I guess the key word is "hunt"; no restriction for simply being afield with a rifle.
     
  15. mikemenzie

    mikemenzie Dallas Active Member

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    Thanks for all your info, people! Wonderful.
    So, as i understand it, and after checking the links posted,

    I CAN open carry loaded any handgun, whether i am a licensed hunter or not, while in any place that it is legal to do so, regardless of hunting season.
    My mother CAN open carry loaded any handgun AND concealed carry loaded while engaged in hunting activities, regardless of whether she possesses a current CHL.
    I CAN hold my mother's rifle loaded, without a hunting license, as long as i am not intending to hunt with it.
    I MAY be expected to have a hunting license and tag to ASSIST with my mother's hunt, but i DO NOT need these things to ACCOMPANY her, and i CAN carry her rifle while accompanying her, as long as i do not intend to hunt with it.

    I think i got all these correct, based on all the information i have seen here and elsewhere.

    Oh, and yes, she would qualify for disabled hunter cert, but for some reason they turned her down this season, even though she's been certed before as a disabled hunter. They just said ineligible, but didn't say why.

    Anyway, thanks again, guys!
     
  16. Vaultman

    Vaultman Clackamas Co, Oregon Active Member

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    Legal advice from a forum is always risky business. I am not saying these guys don't know, but make sure you are sure. I say:
    Be diligent, be sure, and then be confident and go forward.
     
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  17. mikemenzie

    mikemenzie Dallas Active Member

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    Oh, i'm confident. Specially when i don't know what the heck i'm doing. Haha. And i got such a nice smile, who'd get upset with me?
     
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  18. jluck

    jluck Really,Really, Close to Newport Oregon 97365 Voted #1 Member

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    I think you have a pretty good assessment even with all the opinion base stuff here. If you are holding a hunting firearm when a game warden checks you out I would anticipate a ticket. We have done a lot of hunting with a disabled hunter and have been checked by the law and educated somewhat on the issue. Game cops will know if you're "holding" a rifle versus packing it or hunting for her. My advice is let the legal hunter "hold" her own rifle and make sure that open carry piece doesn't act like a hunting handgun. Be careful.
     
  19. Ed Guinn

    Ed Guinn Happy Valley oregon Active Member 2015 Volunteer 2016 Volunteer

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    Great thread, but I haven't found any regs that say unlicensed concealed carry in Oregon is OK during hunting activities. I'm not aware that the legislature has made that exception.
    Can someone post that link if true?
     
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  20. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    ORS 166.260(3)(b)

    http://www.oregonlaws.org/ors/166.260