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Belt carry of firearm in vehicle may be Illegal without CCL

Discussion in 'Legal & Political Archive' started by dallen1x, Mar 27, 2013.

  1. dallen1x

    dallen1x Wil_Val, OR Active Member

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    I learned something new today from a Silverton LEO.

    If you are open carrying (pistol on your belt, small-of-the-back or hip) but then get into a vehicle (let’s say you’re driving) then the firearm will probably be considered ‘concealed’ for the following reasons:

    It could be covered by the folds in your shirt.
    It could be covered by the seat belt or the buckle.
    It’s not in plain view of a LEO.

    A concealed firearm is defined as "any firearm . . . which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." Poulakis v. Rogers, 2009 U.S. App. LEXIS 17714 (11th Cir. Fla. Aug. 10, 2009)
     
  2. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    Amazing usually the only thing Silverton cops are knowledgable in are the various resturants menues around town and how to talk on their cell phones while driving.
     
    3MTA3, mjbskwim, Redcap and 3 others like this.
  3. chainsaw

    chainsaw East side of Or. Active Member

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    Are you sure you're not talking about the Lakeview police?
     
  4. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Didn't they just have a shooting at Silver Spur RV park?
     
  5. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    ORS 166.250 (3):

    What the Silverton cop is ignoring is INTENT. Both the ORS statute and the 11th Dist. Circuit Court ruling imply an INTENT to conceal. It's this kind of poor training that results in some very bad police encounters. Never take a LEO's word for the law.
     
  6. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    Yes they did about 3 trailers from my moms fifth wheel I was on the phone to her while it was taking place.

    Marion County did the heavy lifting.
     
  7. mancat

    mancat Kitsap County Well-Known Member

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    be careful when asking a cop about CC, because his answer can range anywhere from "I don't know" to "if I can't see it when I'm walking up to your window, then it's concealed."
     
  8. Oathkeeper1775

    Oathkeeper1775 Coast Range Well-Known Member

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    Buy a hunting/angling license and throw a fishing pole in the vehicle.........

    ORS 166.260 3(b)

    Not having a fish to bring home doesn't mean you haven't been fishing; especially if you have the same success ratio I have. :paranoid:
     
  9. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    Any handgun in a car in Wa is considered a concealed weapon.

    That's the funny thing about the Utah permit,most of the states that honor it don't see a gun in a car as concealed.
     
  10. JAFO

    JAFO OR, USA Silver Supporter Silver Supporter

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    fixt
     
    Redcap, mjbskwim, mancat and 3 others like this.
  11. rds801

    rds801 Portland Member

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    Buy a shotgun, Buy a shotgun! :p
     
  12. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    And shoot it out the window! Just 'cuz!
     
  13. SturgeonSlayer

    SturgeonSlayer St.Helens Active Member

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    you should be ok by doing so. just ask our great vice prez.