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

[CamoDeafie]

Simple argument the DA will win with. "Concealed HANDGUND License". It is quite literally in the legal name of the license. Laws were written to allow people with one additional protections and abilities, these are written as exceptions.
Your legal case would end up in the favor of the prosecutor simply by showing the full name of CHL and SBR and explaining that a rifle is not a handgun. Neither is a shotgun nor an other or a destructive device.

Counterpoint; ORS 166.250 says that it doesnt apply to, or affect people listed in ORS 166.260, which includes CHL holders.

 

[CamoDeafie]

Why would CHL holders be included in the ORS 166.260's list of people that ORS 166.250 says doesn't apply to or affect if ORS 166.250 says a person with any concealed firearm is in violation? Why doesn't ORS 166.250 say it's unlawful to conceal carry a handgun unless the person has a CHL, and also that it's unlawful to conceal carry any other firearm even if the person has a CHL?

 

[ilikegunspdx]

Carrying a firearm of any sort concealed without a chl is illegal possession. This thread only concerns chl holders so discussion of open carry is not relevant for my interest.


Carrying some concealed weapons are specifically prohibited even if you have a chl. Those prohibited weapons do not include firearms.

It is legal in OR to posses an sbr if it has a stamp.

I have seen nothing that prohibits concealed carry of an sbr and like I said in post #124, OR distinguishes between firearms and handguns for concealed in vehicle without chl but does not make the same distinction when defining that possession of firearms (it does not say handguns) is ok if you have a CHL.

 

[CamoDeafie]

Carrying a firearm of any sort concealed without a chl is illegal possession. This thread only concerns chl holders so discussion of open carry is not relevant for my interest.
View attachment 1447953

Carrying some concealed weapons are specifically prohibited even if you have a chl. Those weapons do not include firearms.
View attachment 1447954
It is legal in OR to posses an sbr if it has a stamp.

I have seen nothing that prohibits concealed carry of an sbr and like I said above, OR distinguishes between firearms and handguns for concealed in vehicle but does not make the same distinction when defining that possession of firearms (it does not say handguns) is ok if you have a CHL.

Right. The issue is that.. CHL holders are listed as one of the people, to whom violations of 166.250 does not apply .

Yes a CHL is literally a license to conceal carry a handgun; that is not the question itself. The question is where else in the ORS does it say that a CHL holder is specifically prohibited from conceal (or openly for the city specific codes) carrying any firearm except that which they are licensed for?

 

[RX-79G]

Portland, Salem, Eugene all says you can't openly carry any loaded firearm unless you have a CHL.

Chapter 14A.60 Weapons and Explosives

www.portland.gov

So. A CHL allows one to openly carry any loaded firearm in some Cities.

Again, there is nothing saying that a CHL is limited to carry only handguns, beyond the name of the license.

Also, I can rent and drive a dirt bike or ATVs off highway/public roads in specific places without a motorcycle endorsement

And if you want to be specific, it looks like ORS 166.250 also says you cannot openly carry a rifle or shotgun if they are not in belt holster, unless you are one of the people listed in ORS 166.260 whom it doesn't apply or affect .

You are confusing local city law with state. If Salem wants to use the state CHL for something else, that doesn't change state law.

 

[solv3nt]

The kindergarten reading group is stopping at "H" is for Handgun in the "A is for bubblegum" book. Keep reading to "O is for Oregon Revised Statutes" and stop posting your feelings, there's a support group for that.

 

[CamoDeafie]

You are confusing local city law with state. If Salem wants to use the state CHL for something else, that doesn't change state law.

I'm not confusing anything. It is also State law that some Cities can impose restrictions of carry of firearms. Again I am pointing out that it is State law that ORS 166.250 does not apply to people listed in ORS 166.260, which includes CHL holders.

Edit. It is also possible that openly carrying a rifle or shotgun may be considered "concealed on their persons" if they aren't in belt holsters as specified in ORS 166.250 . Though again I've never read of anyone being charged for that for simply carrying a slung rifle or shotgun openly

 

[RX-79G]

I'm not confusing anything. It is also State law that some Cities can impose restrictions of carry of firearms. Again I am pointing out that it is State law that ORS 166.250 does not apply to people listed in ORS 166.260, which includes CHL holders.

Edit. It is also possible that openly carrying a rifle or shotgun may be considered "concealed on their persons" if they aren't in belt holsters as specified in ORS 166.250 . Though again I've never read of anyone being charged for that for simply carrying a slung rifle or shotgun openly

The cities are using state laws differently than the state law was intended. That doesn't change what the state law means generally.


If Portland said you need a driver's license to ride an ebike in Portland, that doesn't make the state DL an ebike license.

 

[ilikegunspdx]

The kindergarten reading group is stopping at "H" is for Handgun in the "A is for bubblegum" book. Keep reading to "O is for Oregon Revised Statutes" and stop posting your feelings, there's a support group for that.

Agree, it's just the name of the license. It could have been called concealed weapon permit, concealed weapons license (Idaho), concealed pistol license, concealed carry license, concealed carry permit (Arizona), weapons carry license (Georgia), concealed firearm permit (Utah), etc. I have heard tons of different names depending on the state.

 

[CamoDeafie]

The cities are using state laws differently than the state law was intended. That doesn't change what the state law means generally.

So... where else in the ORS does it specifically state that a CHL does not exempt a person from being prosecuted under ORS 166.250; when ORS 166.250 does not apply to CHL holders as defined in ORS 166.260?

This is the major question. How can a CHL holder be prosecuted for violating ORS 166.250 when ORS 166.260 specifically includes CHL holders as people to whom ORS 166.250 does not apply?


ORS 166.250 does indeed prohibit the concealed carry of any firearms, in general. No distinction is made between handguns and any other firearms in this one.


But ORS 166.260 does says that ORS 166.250 does not apply to a list of people that includes CHL holders.

The only distinction that I can find is that a CHL is for concealed carry of handguns, but I again, cannot find any ORS that says that a CHL holder is not exempt from conceal carry of any other firearm. We can find the ORS that says certain weapons are prohibited from conceal carry regardless of whether or not the person has a CHL (ORS166.240); since it does not state "except as listed in ORS166.260". And that Statute does not include firearms.

So.

Back to the question.

Other than ORS 166.250, there seems to be nothing that prohibits a CHL holder from carrying concealed or otherwise, any firearm other than handguns.

 

[RX-79G]

So... where else in the ORS does it specifically state that a CHL does not exempt a person from being prosecuted under ORS 166.250; when ORS 166.250 does not apply to CHL holders as defined in ORS 166.260?

This is the major question. How can a CHL holder be prosecuted for violating ORS 166.250 when ORS 166.260 specifically includes CHL holders as people to whom ORS 166.250 does not apply?


ORS 166.250 does indeed prohibit the concealed carry of any firearms, in general. No distinction is made between handguns and any other firearms in this one.


But ORS 166.260 does says that ORS 166.250 does not apply to a list of people that includes CHL holders.

The only distinction that I can find is that a CHL is for concealed carry of handguns, but I again, cannot find any ORS that says that a CHL holder is not exempt from conceal carry of any other firearm. We can find the ORS that says certain weapons are prohibited from conceal carry regardless of whether or not the person has a CHL (ORS166.240); since it does not state "except as listed in ORS166.260". And that Statute does not include firearms.

So.

Back to the question.

Other than ORS 166.250, there seems to be nothing that prohibits a CHL holder from carrying concealed or otherwise, any firearm other than handguns.

Just because it doesn't specifically lay it out, the exceptions are clearly not blanket exceptions to every kind of possession prohibition. CHLs except concealed carry of handguns, and that's all they do under state law.

 

[CamoDeafie]

ORS 166.250 makes it crime to conceal carry any firearms, but does not apply to people listed in ORS 166.260

ORS 166.260 says a list of people including CHL holders are basically exempt from ORS 166.250

Therefore a CHL holder legally cannot be charged with violating ORS 166.250

Are there any other ORS that contradicts this?

 

[CamoDeafie]

I'm asking for an ORS that says CHL holders are not exempt from ORS 166.250

 

[RX-79G]

ORS 166.250 makes it crime to conceal carry any firearms, but does not apply to people listed in ORS 166.260

ORS 166.260 says a list of people including CHL holders are basically exempt from ORS 166.250

Therefore a CHL holder legally cannot be charged with violating ORS 166.250

Are there any other ORS that contradicts this?

It doesn't say that specifically. It says "except as provided by..."

Like I said, having a CHL or a tx stamp clearly has nothing to do with all the other prohibition, like mental health or whatever. None of the exceptions are blanket exceptions. They are line items to a subset of 250.

 

[CamoDeafie]

(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;


Seems pretty clear; that people listed in ORS 166.260 are not affected by ORS 166.250.

 

[CamoDeafie]

ORS 166.250 – Unlawful possession of firearms

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…

oregon.public.law

Source for ORS 166.250.

ORS 166.260 – Persons not affected by ORS 166.250

ORS 166.250 (Unlawful possession of firearms) does not apply to or affect, (a) A parole and probation officer, police officer or reserve…

oregon.public.law

From ORS 166.260, "persons not affected by ORS 166.250"....



(i)A person who is licensed under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) to carry a concealed handgun.

 

[CamoDeafie]

Where in either of these ORS does it specifically says that a CHL holder is not exempt from the Statue of "unlawful possession of concealed firearms"?

 

[solv3nt]

@CamoDeafie Why are you getting the troll off?

 

[ilikegunspdx]

Just for fun I just weighed and measured a Glock 34 sbr with usw, red dot, and aluminum foregrip and compared to a 6" python. I don't own python so I used colt website data.

Length: python 11.5", usw sbr 11.5"
Weight: python 46 oz, usw sbr 43 oz.

 

[solv3nt]

Just for fun I just weighed and measured a Glock 34 sbr with usw, red dot, and aluminum foregrip and compared to a 6" python. I don't own python so I used colt website data.

Length: python 11.5", usw sbr 11.5"
Weight: python 46 oz, use sbr 43 oz.

View attachment 1448024

Because I'm too lazy to weigh my gun, you should buy a Beretta 92G, then weigh it.