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Basic Carry Laws For The Portland Area

Discussion in 'Legal & Political Archive' started by RVTECH, Dec 13, 2012.

  1. RVTECH

    RVTECH LaPine Well-Known Member

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    A co-worker and I were taking the other day and he was of the belief that all carry (OC & CC) was illegal in the Portland area. I told him I thought it applied to OC only but if someone could give me a brief outline the basic laws for Portland carry I would appreciate it. I told him I would find out from someone on the ‘Discussion Group’ I participate in. Thanks.
     
  2. tkdguy

    tkdguy Portland, Oregon Silver Supporter Silver Supporter

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    My understanding of the mater is that OC in Portland with a CC license is legal-----------but, plan on being confrounted by the police. OC in Portland without a CC license is prohibited. CC is legal in Portland, but restricted in some State and Federal Buildings. Maybe Multnomah County Buildings that are posted as well.

    Some one will likely post the exact statues on these points.
     
  3. osterr1999

    osterr1999 Silverton, OR Active Member

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    You are correct. No city or county can make any law that stops you from carrying open or concealed as long as you have a permit. Your permit preempts any laws that any municipalities have that limit the carry of firearms. They may try to tell you differently, but that is the l;aw plain and simple. There was an issue like this at the airport where people were told that it was illegal to carry anywhere in the airport, but in reality since it is public property you can carry anywhere on the outside of the secure area.
     
  4. JGRuby

    JGRuby Portland Oregon New Member

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    A few weeks back as I was awaiting my neice and her freind to arrive in the pdx airport - I asked a police officer if it was ok ccw in the airport - he siad that it was not and when I asked him why he was too busy to answer my questions. I was not carrying. I dont think our own LEO's understand the laws themselves. To me this is one more reason for concealed carry.

    James Ruby
     
  5. SturgeonSlayer

    SturgeonSlayer St.Helens Active Member

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    open carry in the pdx area is legal with a cc, but tell your coworker even with a cc if he's open carrying he's going to get grief. the thought of having to lay face down on the asphalt while some of Portland's finest whom thinks he knows the laws better than anyone else investigates does not appeal to me... I got a ton of flack from two Portland cops by having spent brass and shot up targets in the bed of my truck !
     
  6. osterr1999

    osterr1999 Silverton, OR Active Member

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    I agree with Sturgeon. Better to cc in Portland. It is legal, but like he said, it could be a real pain in the rear end.
     
  7. solv3nt

    solv3nt Portland Well-Known Member

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    Oregon Leg 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.

    Portland City 14A.60.010 Possession of a Loaded Firearm in a Public Place
    A. It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the firearm.
    B. It is unlawful for any person to knowingly possess or carry a firearm and that firearm’s clip or magazine, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the clip or magazine.
    C. The following are exceptions and constitute affirmative defenses to a violation of this Section:
    1. A police officer or other duly appointed peace officers, whether active or honorably retired.
    2. A member of the military in the performance of official duty.
    3. A person licensed to carry a concealed handgun.
    4. A person authorized to possess a loaded firearm while in or on a public building under ORS 166.370.
    5. A government employee authorized or required by his or her employment or office to carry firearms.
    6. A person summoned by a police officer to assist in making arrests or preserving the peace, while such person is actually engaged in assisting the officer.
    7. A merchant who possesses or is engaged in lawfully transporting unloaded firearms as merchandise.
    8. Organizations which are by law authorized to purchase or receive weapons from the United States or from this state.
    9. Duly authorized military or civil organizations while parading, or their members when going to and from the places of meeting of their organization.
    10. A corrections officer while transporting or accompanying an individual convicted of or arrested for an offense and confined in a place of incarceration or detention while outside the confines of the place of incarceration or detention.
    11. Persons travelling to and from an established target range, whether public or private, for the purpose of practicing shooting targets at the target ranges.
    12. Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.
    13. A person authorized by permit of the Chief of Police to possess a loaded firearm, clip, or magazine in a public place in the City of Portland.
    14. A security guard employed at a financial institution insured by the Federal Deposit Insurance Corporation while the security guard is on duty.
    D. It is unlawful for any person who possesses a firearm, clip or magazine in or upon a public place, or while in a vehicle in a public place, to refuse to permit a police officer to inspect that firearm after the police officer has identified him or herself as a police officer. This Section does not apply to law enforcement officers or members of the military in the performance of official duties, nor persons licensed to carry a concealed handgun or persons authorized to possess a loaded firearm, clip or magazine while in or on a public building or court facility.


    Get a permit, carry away, open carry and you'll probably get slammed with a disorderly conduct misdemeanor.
     
  8. Hotrodvw67

    Hotrodvw67 Oregon New Member

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    The laws are written in such a fashion that we can't hardly understand them, which explains why LEO's don't know the laws either! If I am ever questioned about carrying, I'll comply, but also ask them to show me the law they are citing me for. I carry concealed everyday, no matter where I go. I have to carry openly in Eugene, but I'll do it someday. IMO, if everyone open carried like it was 1804, it wouldn't be an issue....period.
     
    mtn1x and (deleted member) like this.
  9. kubrick

    kubrick Portland, OR Member

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    If you don't have a license, you can open carry, but not loaded ;) Also do remember that in Portland (and oregon city too I think), your car is considerd a public place so the firearm laws apply there as well. Best bet if you don't have a CHL is to make sure everything is unloaded when transporting firearms.

    You'll probably still get stopped by and harrassed by the police and get a disorderly conduct charge like those guys on the burnside bridge a few months ago (they were open carrying unloaded rifles for a photoshoot).
     
  10. nwdrifter

    nwdrifter troutdale oregon Active Member

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    this makes it sound like a ccw holder can refuse inspection:confused:
     
  11. JVK

    JVK West Active Member

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    Last weekend i was dropping my dad off at Seatac. I open up the bed of my truck (for his luggage) and realize there's a bunch of 45 ACP casings rolling around haha i was like oh bubblegum better not let any of those fall out around here haha
     
  12. biggie24420

    biggie24420 Beaverton Oregon Well-Known Member

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    Be warned that sometimes the cop will take your info and report you to your county. A few years ago I had a portland cop take my info and contact washington co. and of course the country didn't stand up for me and they treated me like I was a kid.... I understand the good and bad when it comes to OC... but if it's that big of a deal why do they allow us to OC with a CHL? I was not doing anything wrong and I had to actually educate the officers (no I was not being a dick either).
    I had a similar issue with a beaverton cop and when I reported him to his sargent, the officer had lied and never told his sargent that he did in fact try to intimidate and threaten me by saying he could revoke my license..... hahahahah silly city cop, only the Sheriff can revoke me.
     
  13. Dinged

    Dinged Portland, OR Active Member

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    That's weird, I OC in Portland daily and have had no ill effects. But to the OP, you may OC an unloaded handgun, without a CHL, or OC a loaded handgun, with a CHL, inside the city limits.
     
  14. kubrick

    kubrick Portland, OR Member

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    Do you actually go out in public? Seems people in Portland are normally very quick to call the police when they see a gun.
     
  15. Dinged

    Dinged Portland, OR Active Member

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    I OC while I do all my shopping, whenever I'm in town. If you're asking if I go to the park while OCing, then no, I live outside city limits so I'm only in town for errands and such.
     
  16. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    When you leave a magazine or a firearm loaded in Portland, just don't do it "recklessly". Do it on purpose and after due consideration of all the hazards versus all the benefits. Then, according to the wording of their ordinance, you should be home free.