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Can I Open Carry While Hiking/Camping in Oregon?

Discussion in 'General Firearm Discussion' started by bmw2, May 10, 2011.

  1. bmw2

    bmw2 Mount Vernon, Wa Active Member

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    Hi all, I'm heading down to the Bend area for memorial day and haven't gotten my Oregon carry permit yet. I was wondering if I can carry while hiking and what the carry and storage rules are while camping in different kinds of parks. I would imagine it's a big NO in state parks but what about DNR or Forest Service campgrounds? If I can't carry, can I have a loaded rifle in camp?

    Thanks
     
  2. salmonriverjohn

    salmonriverjohn N.W Oregon coast, Gods country Well-Known Member

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    Actually its legal to have firearms in a state park, just unloaded. In Oregon I believe its legal to conceal carry while going to or from hunting, fishing or target practice with out a permit, your not also packing a collapsible fishing pole are you? Perhaps someone here with more knowledge on the subject can check me on that.
     
  3. dude young

    dude young SE PDX Active Member

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    Not sure about the Target practice thing, but, yes, you are permitted to carry a concealed firearm while going to, in the act of, and returning from hunting or fishing, provided you have a valid hunting/fishing license. Also, Oregon is an open carry state and therefore you are permitted to carry openly while hiking. In fact that is my preferred method when hiking. Just easier access and any "undesirables", no matter how tweaked are going to tend to leave you be if they see a .45 hanging from your thigh.

    Check the regulations for the specific park/rec. areas you will be in, and if there is any doubt, just call them and ask a ranger. And, more importantly, have fun, be safe.
     
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  4. drew

    drew OR Well-Known Member

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    I thought it was legal to have loaded firearms in state parks just not discharge them in most areas. There is no mention of carrying firearms in the park's rules.
    Parks and Recreation Dept._736_010 736-010-0040 pertains to visitor conduct

    Unless there is a law allowing them to restrict carrying loaded firearms, the preemption clause, ORS 166.170, voids the rule.

    The penalty for breaking an OAR is generally being asked to leave. The penalty for violating the ORS by illegally carrying a concealed firearm is a misdemeanor.
     
  5. salmonriverjohn

    salmonriverjohn N.W Oregon coast, Gods country Well-Known Member

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    Drew, I base it upon experience while hunting. For years I walked through a state park to get to a hunting unit that was beyond the state park. On one occasion while returning to my truck, my son and I were challenged by a park ranger who informed us that it was illegal to carry firearms in the park. He was very adamant that we were in violation of the law and called the state police. We waited while the officer who was a fish and game senior trooper arrived and informed him that he was mistaken and that we were allowed to carry, only unloaded while in the park. The ranger insisted he was right until the trooper produced proof. There is now a reader board in this state park that has this clearly posted on it. I may be mistaken, but unless this has been posted in error by the state parks dept. I will observe their rules,, for now. I'll try and get up there and see if the statutes number is posted for reference after work tonight. Thanks for the heads up. John.
     
  6. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Yes

    Carry In State Parks/State & National Forests/WMA/Road Side Rest Areas

    Carry Allowed in these Areas:
    State Parks: YES Admin Rule736-010-0040
    State/National Forests: YES Per OR Dept of Forestry
    WMA’s: YES Per OR Dept of Forestry
    Road Side Rest Areas: YES 166.37
     
    lowly monk and (deleted member) like this.
  7. sandman1212

    sandman1212 NW Oregon Active Member

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    below are the Oregon Statues that apply:

    (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:

    (a) Carries any firearm concealed upon the person;

    (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or

    (c) Possesses a firearm and:

    (A) Is under 18 years of age;

    (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

    (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;

    (C) Has been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony;

    (D) Was committed to the Department of Human Services under ORS 426.130; or

    (E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness.

    (2) This section does not prohibit:

    (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

    (A) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or

    (B) Temporarily for hunting, target practice or any other lawful purpose; or
    (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

    (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.
    (4) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8]

    (1) ORS 166.250 does not apply to or affect:

    (a) Sheriffs, constables, marshals, police officers, whether active or honorably retired, parole and probation officers or other duly appointed peace officers.

    (b) Any person summoned by any such officer to assist in making arrests or preserving the peace, while said person so summoned is actually engaged in assisting the officer.

    (c) The possession or transportation by any merchant of unloaded firearms as merchandise.

    (d) Active or reserve members of the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the National Guard, when on duty.

    (e) Organizations which are by law authorized to purchase or receive weapons described in ORS 166.250 from the United States, or from this state.

    (f) Duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their organization.

    (g) 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.

    (h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

    (2) Except for persons who are otherwise prohibited from possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS 166.250 does not apply to or affect:

    (a) Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 upon such target ranges, or while going to and from such ranges.

    (b) Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.
     
  8. bmw2

    bmw2 Mount Vernon, Wa Active Member

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    So the regs specifically say belt holster, does that mean i can't use my chest rig?
     
  9. sandman1212

    sandman1212 NW Oregon Active Member

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    probably not, depends on the attitude of the LEO...
     
  10. Skang

    Skang WA Well-Known Member

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    Just make it less visible to other hikers or anyone in that area. Otherwise it will give you bad image to others, and they might call ranger or cop in worst case.
     
  11. PlayboyPenguin

    PlayboyPenguin Pacific Northwest Well-Known Member 2016 Volunteer

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    Just make sure you are not on a four wheeler or anything. I do believe that is still illegal in oregon.
     
  12. m1gunr

    m1gunr Tacoma Member

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    Why do people post information with the words "I do believe", "I heard," "it might be legal" "I heard from a LEO" ...........instead of citing an actual source ..??
     
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  13. salmonriverjohn

    salmonriverjohn N.W Oregon coast, Gods country Well-Known Member

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    Playboypenguin is correct. ORS 821.240 states that it is illegal to carry a loaded firearm while on an ATV. m1gunr, this may be different in the state of Washington, but thats the actual source in Oregon.

    Thank you deadeye for posting this>>>Carry In State Parks/State & National Forests/WMA/Road Side Rest Areas

    Carry Allowed in these Areas:
    State Parks: YES Admin Rule736-010-0040
    State/National Forests: YES Per OR Dept of Forestry
    WMA’s: YES Per OR Dept of Forestry
    Road Side Rest Areas: YES 166.37
     
  14. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    This is correct as well as it can be said that a jeep or sandrail or similar off road capable vehicle is or could be defined as a ATV/ORV if being used off road.
     
  15. Volcom777

    Volcom777 Portland Member

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    This is nonsense that shouldnt be posted, and exactly what you do not want to do when open carrying. The whole point is that people can see that you are carrying, making it less visible could lead to it being "concealed" and therefore against the law if you do not have your chl. If you google open carry oregon you will find a great site with all the info needed and city codes. We are an open carry state, and other than about 7-9 cities (due to city ordanances) in the state you can legally open carry anywhere you would like barring schools/federal buildings etc. (do your research before you take a trip).

    If you are on private property, for example a private campground it is up to the owner of the property to weather or not you can carry. As explained above though all state parks and national forests are good to go. I open carried all summer last year at state parks and national forest campgrounds from tillamook to mt. hood without 1 issue. Never had a single word said to me by any ranger about my sidearm, because it is legal.

    What will give you a bad image is being an *** while carrying, or handleing yourself in a manner that would lead people to think you iresponsible with a firearm. As I do neither, if people do not like it that is their problem. I carry to protect my family and belongings from all the 2 and 4 legged creatures roaming about that may want to cause us harm, I find people who cannot understand that to be quite foolish and naive.
     
  16. bmw2

    bmw2 Mount Vernon, Wa Active Member

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    Agee with you 100% on how to conduct yourself while carrying. Good to know I'm fine to open carry. Thanks for the responses.
     
  17. python287

    python287 Neskowin,OR Active Member

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    ORS 166.260(2,b)

    Concealed carry is legal for

    1. Licensed hunters or fisherman while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition. The magic words are LICENSED hunter or fisherman. >

    This allows you to carry a concealed firearm without a CWP...

    https://www.oregonlaws.org/ors/166.260
     
  18. Fister35

    Fister35 Albany, OR New Member

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    I do believe that your making to much sense for this forum :thumbup:
     
  19. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    How would what your stating here apply to a vehicle licensed for use on the street? Oregon law defines what an ATV or Snowmobile is.

    If we use your statement A Cadallac Escalade or Subaru Outback (w/all wheel drive) could be considered an ATV? or any 4X4 pickup if it's off a road?
     
  20. salmonriverjohn

    salmonriverjohn N.W Oregon coast, Gods country Well-Known Member

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    :laugh: Just what do you mean by "this forum"??? Watch out man, you just included yourself with a bunch of us:paranoid: