Oregon Can you conceal carry a SBR in OR with a CHL?

[ilikegunspdx]

Does converting a pistol with brace to sbr mean you can't carry it concealed (with a chl) in OR?

Also any changes to ability to carry loaded (concealed or otherwise) in vehicle?

Thx!

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[Joe13]

If you make it an SBR then as a rifle no it can not be concealed or carried loaded in the car.

 

[Yarome]

Does converting a pistol with brace to sbr mean you can't carry it concealed (with a chl) in OR?

In Oregon... the "H" in "CHL" should answer that first question.

 

[Member 53328]

Well it's a rifle not a pistol….

 

[solv3nt]

If you make it an SBR then as a rifle no it can not be concealed or carried loaded in the car.

In Oregon... the "H" in "CHL" should answer that first question.

Not entirely true boys. Please cite your sources, we're not governed by RCW. Please refer to ORS...

While it is true ORS 166 does not mention rifles for concealed, it also doesn't forbid it.

Requisite, "I'm not a lawyer". Trust but verify.

 

[Librarian]

ORS 166.210

(5)
"Handgun" means any pistol or revolver using a fixed cartridge containing a propellant charge, primer and projectile, and designed to be aimed or fired otherwise than from the shoulder.

And 166.291 says

https://oregon.public.law/statutes/ors_166.291#annotations
(1)
The sheriff of a county, upon a person's application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person: ...

Now, I think the argument can be made - not that it is likely to prevail - that before the BATF shenanigans, folks could argue that 'pistol with a brace' is NOT excluded from "designed to be aimed or fired otherwise than from the shoulder."

That is, of course, ignoring the 'nod, nod, wink, wink' character of actual users.


Personally, I have been looking for holsters for the various PDWs out there, without much success ...

 

[solv3nt]

ORS 166.210


And 166.291 says


Now, I think the argument can be made - not that it is likely to prevail - that before the BATF shenanigans, folks could argue that 'pistol with a brace' is NOT excluded from "designed to be aimed or fired otherwise than from the shoulder."

That is, of course, ignoring the 'nod, nod, wink, wink' character of actual users.


Personally, I have been looking for holsters for the various PDWs out there, without much success ...

Show me where it forbids concealed rifles....

 

[ilikegunspdx]

ORS 166.210


And 166.291 says


Now, I think the argument can be made - not that it is likely to prevail - that before the BATF shenanigans, folks could argue that 'pistol with a brace' is NOT excluded from "designed to be aimed or fired otherwise than from the shoulder."

That is, of course, ignoring the 'nod, nod, wink, wink' character of actual users.


Personally, I have been looking for holsters for the various PDWs out there, without much success ...
View attachment 1357034

Good points. It's a major factor to think about as far as whether to SBR a pistol under the new rule. If brace rule gets an injunction or thrown out in court nothing changes. If you turn it into an sbr you are willingly putting it into the rifle category.

 

[solv3nt]

ORS pretty much gave up preemption, but CHL holders can still override city and county governance on loaded firearms.

Unless I'm blind, ORS 166 does not expressly forbid the concealment of rifles.

 

[Member 53328]

ORS pretty much have to preemption, but CHL holders can still override city and county governance on loaded firearms.

Unless I'm blind, ORS 166 does not expressly forbid the concealment of rifles.

Just another one of those "gray" areas. Haha. Concealed is concealed.

 

[saxon]

ORS pretty much have to preemption, but CHL holders can still override city and county governance on loaded firearms.

Unless I'm blind, ORS 166 does not expressly forbid the concealment of rifles.

please note
https://oregon.public.law/statutes/ors_166.291#annotations
(1)
The sheriff of a county, upon a person's application for an Oregon concealed handgun license,

it states Oregon concealed handgun license, not long gun ergo saying it does not "expressly"
say is
#1 Argumentum ex Silentio (Argument from Silence): The fallacy that if available sources remain silent or current knowledge and evidence can prove nothing about a given subject or question this fact in itself proves the truth of one's claim.
#2 just not seeing where oregon has a stated concealed handgun license and has no provision for a concealed long gun license.

 

[CamoDeafie]

please note
https://oregon.public.law/statutes/ors_166.291#annotations
(1)
The sheriff of a county, upon a person's application for an Oregon concealed handgun license,

it states Oregon concealed handgun license, not long gun ergo saying it does not "expressly"
say is
#1 Argumentum ex Silentio (Argument from Silence): The fallacy that if available sources remain silent or current knowledge and evidence can prove nothing about a given subject or question this fact in itself proves the truth of one's claim.
#2 just not seeing where oregon has a stated concealed handgun license and has no provision for a concealed long gun license.

Nullum crimen sine lege
Primary tabs
Definition
Nullum crimen sine lege is latin for "no crime without law."

Nullum crimen sine lege

www.law.cornell.edu

 

[solv3nt]

please note
https://oregon.public.law/statutes/ors_166.291#annotations
(1)
The sheriff of a county, upon a person's application for an Oregon concealed handgun license,

it states Oregon concealed handgun license, not long gun ergo saying it does not "expressly"
say is
#1 Argumentum ex Silentio (Argument from Silence): The fallacy that if available sources remain silent or current knowledge and evidence can prove nothing about a given subject or question this fact in itself proves the truth of one's claim.
#2 just not seeing where oregon has a stated concealed handgun license and has no provision for a concealed long gun license.

But also does not forbid carrying a concealed long gun. I'm not a lawyer, nor do I play one on TV, but I am not aware of a State law that you would be breaking by concealing a long rifle. Without a CHL, Cities and Countries can ban such an activity.

 

[Joe13]

I don't have the kind of money it would take to hire a good enough lawyer to try and get me out of trouble carrying or driving around with a loaded and concealed shotgun or rifle so I'll still with a pistol and call it good.

YMMV

 

[Yarome]

Good points. It's a major factor to think about as far as whether to SBR a pistol under the new rule. If brace rule gets an injunction or thrown out in court nothing changes. If you turn it into an sbr you are willingly putting it into the rifle category.

Exzzaktree! Fine for in the home or office... but confined to your state of residence (without permission) and otherwise locked away and unloaded... kinda takes a lot of fun out of it, hu.

 

[Librarian]

please note
https://oregon.public.law/statutes/ors_166.291#annotations
(1)
The sheriff of a county, upon a person's application for an Oregon concealed handgun license,

it states Oregon concealed handgun license, not long gun ergo saying it does not "expressly"
say is
#1 Argumentum ex Silentio (Argument from Silence): The fallacy that if available sources remain silent or current knowledge and evidence can prove nothing about a given subject or question this fact in itself proves the truth of one's claim.
#2 just not seeing where oregon has a stated concealed handgun license and has no provision for a concealed long gun license.

I believe I agree with what I understand that you wrote.

That is, nothing seems to forbid concealing a rifle, but one cannot get a Concealed Rifle-or-anything-but-a-166.210(5)-"handgun" license.

 

[CamoDeafie]

If someone can find an Oregon Revised Statute that expressly prohibits the concealed carry of any weapons except that covered by the handgun license (limited to handguns obviously)... I'd like to see that.

 

[solv3nt]

If someone can find an Oregon Revised Statute that expressly prohibits the concealed carry of any weapons except that covered by the handgun license (limited to handguns obviously)... I'd like to see that.

***Hint***

You won't...

 

[CamoDeafie]

***Hint***

You won't...

There are cities (Portland, Salem, Eugene,.Independence....) that limit open carry of loaded weapons to CHL holders. I know there's a specific knife law that prohibits conceal carry of specific types of knives and clubs (dirks, daggers, shillegahs?)

 

[solv3nt]

There are cities (Portland, Salem, Eugene,.Independence....) that limit open carry of loaded weapons to CHL holders. I know there's a specific knife law that prohibits conceal carry of specific types of knives and clubs (dirks, daggers, shillegahs?)

There are, but until state preemption is dead, don't apply to firearms as defined by ORS.