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

[CamoDeafie]

I'm assuming that when one is cited or arrested, there is a section for their violation. What exactly would they be violating? ORS166.250? If so, a CHL holder is specifically exempt.

The argument is the exemption is only for handguns for CHL holders.. but like I question... none of the other sections actually say out loud what "concealed carry of firearms" are specifically exempted for each exception as laid out...

The only reconciliation I can see is basically... that these exceptions means any concealed firearms as defined in ORS 166.250 for these listed exceptions including that of concealed handgun license holders.

 

[solv3nt]

The argument is the exemption is only for handguns for CHL holders.. but like I question... none of the other sections actually say out loud what "concealed carry of firearms" are exempted for each exception as laid out...

The only reconciliation I can see is basically... that these exceptions means any concealed firearms as defined in ORS 166.250 for these listed exceptions including that of concealed handgun license holders.

It still is explicit in the writing. If you hold a CHL, you can't violate 166.250, as you are specifically exempt in 166.260.

 

[CamoDeafie]

It still is explicit in the writing. If you hold a CHL, you can't violate 166.250, as you are specifically exempt in 166.260.

The argument again seems to be that if it says "licensed to conceal carry a handgun", the exception is that the CHL holder cannot be cited for concealed carry of a handgun

However your point, and mine too... is that since none of the other exceptions explicitly states what may be concealed carried by these exceptions is allowed.. it means any firearms and that goes also for CHL holders.

 

[solv3nt]

The argument again seems to be that if it says "licensed to conceal carry a handgun", the exception is that the CHL holder cannot be cited for concealed carry of a handgun

However your point, and mine too... is that since none of the other exceptions explicitly states what may be concealed carried by these exceptions is allowed.. it means any firearms and that goes also for CHL holders.

Unless there's another statue that you can be charged with, how can one be charged?

Also, unless I use it to defend myself, any heavy-handed LEO (present company explicitly included) will be none the wiser....

 

[CamoDeafie]

Unless there's another statue that you can be charged with, how can one be charged?

Also, unless I use it to defend myself, any heavy-handed LEO (present company explicitly included) will be none the wiser....

Your guesses as good as mine like I said, not a lawyer. Be interesting to see if LEOs actually have cited the exempted people for violating ORS 166.250

 

[solv3nt]

Your guesses as good as mine like I said, not a lawyer. Be interesting to see if LEOs actually have cited the exempted people for violating ORS 166.250

We have one ex LEO that would have been more than happy to have cited you.

 

[CamoDeafie]

All the more reason to repeal these ORS

 

[CamoDeafie]

You know... since ORS 166.250 explicitly says that openly carry in a belt holster isn't concealed for the purposes of of ORS 166.250; it can be argued, and if a LEO decides to be a jerk... a slung rifle /SBR/shotgun/anything else could be considered "concealed carry" so... maybe I ought to be a jerk also and make some silly "belt holster" cuff for rifle stocks?

Edit it also would handily cover the specific exceptions if indeed slung rifles are considered concealed on the person for ORS 166.250 since all these exceptions have obviously been seen openly carrying rifles and shotguns and so forth...

 

[solv3nt]

so... maybe I ought to be a jerk also and make some silly "belt holster" cuff for rifle stocks?

Sounds kinky. Does it come with a safe word?

 

[CamoDeafie]

Sounds kinky. Does it come with a safe word?

"Hands up, don't shoot"?

 

[RX-79G]

I'm assuming that when one is cited or arrested, there is a section for their violation. What exactly would they be violating? ORS166.250? If so, a CHL holder is specifically exempt.

Which would mean they were exempt from everything, including the mental health restriction.

Does that seem likely?

 

[solv3nt]

Which would mean they were exempt from everything, including the mental health restriction.

Does that seem likely?

Cite it. So far we just have your feelings and zero ORS references besides definitions.

 

[CamoDeafie]

Cite it. So far we just have your feelings and zero ORS references besides definitions.

ORS 166.260 does say that only 166.250 does not affect or apply to the listed exceptions. ORS 166.250 does seem also.say this
"

(1)

Except as otherwise provided in this section or ORS 166.260 (Persons not affected by ORS 166.250), 166.270 (Possession of weapons by certain felons), 166.273 (Relief from firearm prohibitions related to mental health), 166.274 (Relief from prohibition against possessing or receiving firearm), 166.291 (Issuance of concealed handgun license), 166.292 (Procedure for issuing) or 166.410 (Manufacture, importation or sale of firearms) to 166.470 (Limitations and conditions for sales of firearms), a person commits the crime of unlawful possession of a firearm if the person knowingly:"


But.. looking up the relevant ORS listed..

ORS 166.270 - Possession of weapons by certain felons

ORS Title 16, Crimes and Punishments; Chapter 166, Offenses Against Public Order; Firearms and Other Weapons; Racketeering; Section 166.270, Possession of weapons by certain felons. Refreshed: 2023-06-16

oregon.public.law

ORS 166.273 - Relief from firearm prohibitions related to mental health

ORS Title 16, Crimes and Punishments; Chapter 166, Offenses Against Public Order; Firearms and Other Weapons; Racketeering; Section 166.273, Relief from firearm prohibitions related to mental health. Refreshed: 2023-06-16

oregon.public.law

ORS 166.274 - Relief from prohibition against possessing or receiving firearm

ORS Title 16, Crimes and Punishments; Chapter 166, Offenses Against Public Order; Firearms and Other Weapons; Racketeering; Section 166.274, Relief from prohibition against possessing or receiving firearm; fees. Refreshed: 2023-06-16

oregon.public.law

None of them seem to say that someone adjudicated to be mentally ill is exempt from being charged with ORS 166.250?

 

[RX-79G]

Cite it. So far we just have your feelings and zero ORS references besides definitions.

(1)

Except as otherwise provided in this section or ORS 166.260 (Persons not affected by ORS 166.250), 166.270 (Possession of weapons by certain felons), 166.273 (Relief from firearm prohibitions related to mental health), 166.274 (Relief from prohibition against possessing or receiving firearm), 166.291 (Issuance of concealed handgun license), 166.292 (Procedure for issuing) or 166.410 (Manufacture, importation or sale of firearms) to 166.470 (Limitations and conditions for sales of firearms), 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)

Intentionally left blank —Ed.

(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 (Limitations and conditions for sales of firearms); 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;

(D)

Was committed to the Oregon Health Authority under ORS 426.130 (Court determination of mental illness);

(E)

Was found to be a person with mental illness and subject to an order under ORS 426.130 (Court determination of mental illness) that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;

(F)

Is presently subject to an order under ORS 426.133 (Assisted outpatient treatment) prohibiting the person from purchasing or possessing a firearm;

(G)

Has been found guilty except for insanity under ORS 161.295 (Effect of qualifying mental disorder) of a felony; or

(H)

The possession of the firearm by the person is prohibited under ORS 166.255 (Possession of firearm or ammunition by certain persons prohibited).


That's everything that falls under 161.250. If a CHL is a blanket excempton, then it would apply to all of these, like being a felon?

 

[solv3nt]

(1)

Except as otherwise provided in this section or ORS 166.260 (Persons not affected by ORS 166.250), 166.270 (Possession of weapons by certain felons), 166.273 (Relief from firearm prohibitions related to mental health), 166.274 (Relief from prohibition against possessing or receiving firearm), 166.291 (Issuance of concealed handgun license), 166.292 (Procedure for issuing) or 166.410 (Manufacture, importation or sale of firearms) to 166.470 (Limitations and conditions for sales of firearms), 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)

Intentionally left blank —Ed.

(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 (Limitations and conditions for sales of firearms); 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;

(D)

Was committed to the Oregon Health Authority under ORS 426.130 (Court determination of mental illness);

(E)

Was found to be a person with mental illness and subject to an order under ORS 426.130 (Court determination of mental illness) that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;

(F)

Is presently subject to an order under ORS 426.133 (Assisted outpatient treatment) prohibiting the person from purchasing or possessing a firearm;

(G)

Has been found guilty except for insanity under ORS 161.295 (Effect of qualifying mental disorder) of a felony; or

(H)

The possession of the firearm by the person is prohibited under ORS 166.255 (Possession of firearm or ammunition by certain persons prohibited).


That's everything that falls under 161.250. If a CHL is a blanket excempton, then it would apply to all of these, like being a felon?

I'm pretty sure felons aren't allowed to own a gun, let alone receive a CHL, what else have you got?

 

[wombatz]

Can you get a CHL as a felon?

Does a felony cause a CHL to be revoked or voided?

Edit: solv3nt beat me to it.

 

[CamoDeafie]

Ooh. What's the requirement to get a CHL...?

ORS 166.291 - Issuance of concealed handgun license

ORS Title 16, Crimes and Punishments; Chapter 166, Offenses Against Public Order; Firearms and Other Weapons; Racketeering; Section 166.291, Issuance of concealed handgun license; application; fees; liability. Refreshed: 2023-06-16

oregon.public.law

Hey..
"(g)Has never been convicted of a felony or found guilty, except for insanity under ORS 161.295 (Effect of qualifying mental disorder), of a felony;
(h)Has not been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295 (Effect of qualifying mental disorder), of a misdemeanor within the four years prior to the application, including a misdemeanor conviction for the possession of marijuana as described in paragraph (L) of this subsection;
(i)Has not been committed to the Oregon Health Authority under ORS 426.130 (Court determination of mental illness);
(j)Has not been found to be a person with mental illness and is not subject to an order under ORS 426.130 (Court determination of mental illness) that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;"



Hey. @PNW Scout What does this mean..

ORS 166.262 – Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370

A peace officer may not arrest or charge a person for violating ORS 166.250 (Unlawful possession of firearms) (1)(a) or (b) or…

oregon.public.law

A peace officer may not arrest or charge a person for violating ORS 166.250 (Unlawful possession of firearms) (1)(a) or (b) or 166.370 (Possession of firearm or dangerous weapon in public building or court facility) (1)(a) if the person has in the person's immediate possession:



(1)A valid license to carry a firearm as provided in ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing), unless the person possesses a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year or on school grounds subject to a policy described in ORS 166.377 (Possession of firearms in certain public buildings by concealed handgun licensees);


(2)Proof that the person is a law enforcement officer; or


(3)Proof that the person is an honorably retired law enforcement officer, unless the person has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing). [1999 c.1040 §5; 2015 c.709 §3; 2021 c.146 §11]

 

[CamoDeafie]

Can you get a CHL as a felon?

Nope, unless you've applied for relief from prohibitions like in

ORS 166.274 - Relief from prohibition against possessing or receiving firearm

ORS Title 16, Crimes and Punishments; Chapter 166, Offenses Against Public Order; Firearms and Other Weapons; Racketeering; Section 166.274, Relief from prohibition against possessing or receiving firearm; fees. Refreshed: 2023-06-16

oregon.public.law

Does a felony cause a CHL to be revoked or voided?

ORS 166.293 – Denial or revocation of license

If the application for the concealed handgun license is denied, the sheriff shall set forth in writing the reasons for the denial.…

oregon.public.law

 

[solv3nt]

Edit: solv3nt beat me to it.

That's what she said.

 

[solv3nt]

@PNW Scout this is why we're in seventeen pages. It seems you're not a Rhodes Scholar either