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ATV & snowmobilers CHL holder FYI

Discussion in 'Legal & Political Archive' started by Kimber Custom, Mar 11, 2010.

  1. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    Okay, let me start by saying I have WAY too much time on my hands today :). That and I don't ATV or snowmobile so maybe this is common knowledge in that community.

    JC Weaponry has a smokin deal on a silenced sig that was tempting enough for me to research if I (WA resident) could use a silencer in OR.

    That took me to a site that had some generic FAQ's that I was browsing and one of them stated that you can't carry a loaded firearm while operating an ATV or snowmobile and CHL holders aren't exempt. That of course got me curious and so I researched that to find:

    821.240 Operating snowmobile or all-terrain vehicle while carrying firearm or bow; penalty. (1) A person commits the offense of operating a snowmobile or an all-terrain vehicle while carrying a firearm or bow if the person operates any snowmobile or all-terrain vehicle with a firearm in the possession of the person, unless the firearm is unloaded, or with a bow, unless all arrows are in a quiver.

    (2) The offense described in this section, operating a snowmobile or an all-terrain vehicle while carrying a firearm or bow, is a Class B traffic violation. [1983 c.338 §729; 1985 c.393 §45; 1985 c.459 §31a; 1987 c.587 §14; 1989 c.991 §15a; 1991 c.589 §1]

    http://www.leg.state.or.us/ors/821.html

    166.360 defines loaded as:
    (3) “Loaded firearm” means:

    (a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.

    http://www.leg.state.or.us/ors/166.html

    Granted it's a class B traffic violation so BFD but if you flunk the attitude test with an officer he might choose to add that on to the ticket.

    Take if for what it's worth.
     
  2. chase

    chase Wilsonville, OR Bronze Supporter Bronze Supporter

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    Yup, I knew that law. Like many other laws, its ridiculous.

    Just keep the magazine in your pocket and not attached/touching the firearm, and your good.
     
  3. Ravenous

    Ravenous West Linn, OR Member

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    I don't know why, but I thought I heard somewhere about this having to due with keeping people from hunting from their atv's or snowmobiles... Like I said I don't know why I recall this because I have no idea where I would of heard it.
     
  4. Ramjet57

    Ramjet57 Nw Oregun Member

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    And yet it appears that I can take my off or on road motorcycle and carry my conceled loaded firearm with my permit???????????????
     
  5. theduke

    theduke NW Member

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    Wouldn't this only apply during a Controlled Hunting Season. Deer ,Elk ,Bear ,Couger, etc. This info came from ODFW or which source?
     
  6. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    No, this is state legislation. I put links to the full ORS.
     
  7. HahnsXD

    HahnsXD Battle Ground WA Active Member

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    ATV as in quads/four wheelers or does this include motorcycles too?
     
  8. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    Looks like all of the above are defined as all-terrain vehicle's.

    801.190 “Class I all-terrain vehicle.” “Class I all-terrain vehicle” means a motorized, off-highway recreational vehicle 50 inches or less in width with a dry weight of 800 pounds or less that travels on three or more low pressure tires, has a saddle or seat for the operator and is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain. [1985 c.459 §2; 1995 c.775 §9; 1997 c.228 §1]

    801.193 “Class II all-terrain vehicle.” “Class II all-terrain vehicle” means any motor vehicle that:

    (1) Weighs more than a Class I all-terrain vehicle;

    (2) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain; and

    (3) Is actually being operated off a highway or is being operated on a highway for agricultural purposes under ORS 821.191. [1987 c.587 §2; 2005 c.227 §1; 2007 c.207 §1]

    801.194 “Class III all-terrain vehicle.” “Class III all-terrain vehicle” means an off-highway motorcycle with a dry weight of 600 pounds or less that travels on two tires. [1989 c.991 §2]

    http://www.leg.state.or.us/ors/801.html
     
  9. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    Only if if has a dry weight of between 600 (class III ATV) and and 800lbs (class II ATV). How whacked is that :nuts:

    I would also point out that when your out at Browns camp running your Jeep/Toyota/Hummer etc you are a class II ATV and therefore cannot carry a loaded gun.
     
  10. fred c. dobbs

    fred c. dobbs salem Active Member

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    what if i am riding my Harley down a dirt road, is this considered off- road, violation.
     
  11. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    You're fine on your hog since it doesn't qalify under:
    (2) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain

    Unless of course you had it lifted and put big knobby tires on it :D
     
  12. 2gr8dgs

    2gr8dgs oregon Active Member

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    I hate this law. I wont go out riding my quad in the woods without a firearm, & to carry it unloaded would be like taking my helmet with me, but haul it on the back rack until I think I might need it. guess that makes me a lawbreaker.
     
  13. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    I remember when we were trained in traffic law. The officer held up a 1 1/2" thick book and said "you may notice this book is slightly larger than the one you get from the DMV'

    I can't remember what the time frame was but it was short (5 blocks, 5 min, 2 miles) "if you can't find a reason to pull somone over; it's not because they haven't done something wrong, it's because you haven't studdied this book well enough"

    I think it's funny that we live in a society that doesn't want the police to work off of instinct. We require them to have probable cause yet we give them 800 different nit picky laws we can't help but break to ensure they can investigate when their instincts say something is wrong.

    Chances are:

    1. You will never be stopped while running your ATV

    2. If you do get stopped the officer may or may not know this specific law

    3. If they do happen to know the law the only time an officer is required to act is domestic violence. Therefore the office has all the leeway in the world to choose not to write the ticket; so it is in your best interest to pass the attitude test.

    4. Worst case scenario is a $360 ticket that you can't be arrested for
     
  14. 2gr8dgs

    2gr8dgs oregon Active Member

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    I have been stopped while riding my atv.
    the VERY 1st thing the officer asked was whether or not my rifle(in the rack) was loaded.
    I told him no, & showed him the empty mag well on the bottom of the gun. he asked for the rifle, & opened the chamber to check for a cartridge. I know I should have opened it before he grabbed it, but I didn't feel right working the bolt in front of him.
    we talked for a few minutes about this & that.
    I was polite, & he was too.
    I have no doubt he would have wrote me a ticket, & that was the basis for his stop.
    we said our good-byes & both went our way.
    I was armed the whole time.
     
  15. kenr74

    kenr74 Oregon Active Member

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    Interesting. I got my CHL specifically for when I'm out dualsporting in the middle of nowhere. Sounds like I'm an outlaw and didn't even know it.
     
  16. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    IMO it's better to be informed and make a choice then to be caught off guard since 'I didn't know' is not a viable defense.
     
  17. onearmedswordsman

    onearmedswordsman Hillsboro, OR Member

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    Absolutely! Yet, I have a feeling he did not mean that. :)

    This law is just another example of how common sense evades our elected officials. If they did not want us to hunt from ATVs, then, why don't they explicitly write the law to restricting exactly that? :banghead:

    Remember the Salem Senator Atkinson accidental shot by a gun stowed on small bag attached to his friend's bike? I am surprised they haven't banned loaded guns on bicycles, too after that one!!!! :nuts:
     
  18. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Ridiculous.
     
  19. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    How about off road mountain bikes? :paranoid:
     
  20. BigBull 301

    BigBull 301 PDX almost Well-Known Member

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    I too have been stopped while on my ATV and asked if the long gun I was carrying in the rack or gun boot was loaded. They weren't. They never asked about the handgun that was very well concealed:) Just another STUPID law and another reason for the man to pull you over. I can pack loaded in the truck but not the ATV.....STUPID!!