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carry while fishing

Discussion in 'Legal & Political Archive' started by kornphlake, Dec 14, 2011.

  1. kornphlake

    kornphlake ptown New Member

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    Oregon state law states the following are exempt from concealed carry restriction:
    ORS 166.260
    ... (b) Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition. ...

    This means I can carry a firearm without a concealed carry license if I am hiking to a fishing location on public land right? Does this allow me to carry a concealed firearm in the passenger compartment of my vehicle if I'm driving to a fishing hole?

    I wasn't able to find any exemptions specifically within Portland city limits, if I'm fishing at one of the ponds or rivers within city limits may I legally carry a weapon?

    I've found other quotes to what I believe is the same exemption that had language suggesting it is legal to carry concealed for any lawful outdoor recreation such as camping and hiking in addition to hunting or fishing. Has this exemption been removed from the state law so that if I want to carry a firearm while I'm camping or hiking without the intention of fishing or hunting the firearm has to be openly visible? If I go for a hike, at timothy lake for example, can I carry a pistol in my backpack if I'm not also carrying a fishing pole and tackle?
     
  2. sadiesassy

    sadiesassy Prescott Active Member

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    I may be wrong and I do not have my book with me.

    I believe the way it is stated you can open carry while fishing - which you can do – I do not remember that you could conceal carry without a license I know people will carry one in a fishign backpack

    You cannot carry an concealed weapon in the passenger comparment - driving to a fishing hole.
    I take this to mean travrling roads from your house to some river. - Not sure if you were driving the dirt road on the Deschuetes how they would take it.
    Think about it – All I would tell police is that I am going fishign and it is good?

    May be legal in Portland - But that does not mean they could not detain you and give you a lot of hassle .

    Isn’t it just easier to get the Concealed License vs looking at the exemptions
     
  3. civilian75

    civilian75 Hillsboro, OR Well-Known Member

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    Thanks to the magic of the Internet, here is a link to OR 166
    http://www.leg.state.or.us/ors/166.html

    The way I interpret it is, you are exempt when hunting, fishing, and when coming/going to/from hunting or fishing "on foot" or driving on private property. Once you are on a vehicle on a public road, all best are off. Could be wrong, but, that's how I'd play it.
     
  4. Beefcake

    Beefcake Portland Active Member

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    I'm not an attorney, so this is just an opinion based on research. I don't think Oregon has the "any legitimate outdoor activity" provision (I believe Washington does, but don't quote me). My understanding of Oregon's law is that it allows concealed carry "to or from fishing or hunting", which would include in your car on the way there. However, Portland and a few other municipalities have stricter rules that say that only a person with a CHL can carry a loaded gun; I don't know if this supercedes the state law of traveling to / from hunting or fishing, but I think that Portland Police would assert that it does. The other issue is that it doesn't define "to or from hunting or fishing", and I believe that case law supports that any stops on the way negate the assertion that you're on the way to go fishing. For instance, if you leave from Portland and drive to your cabin by the river to drop off your stuff before hitting the river, I don't think you are supposed to carry on the way to the cabin even though it is the same trip.

    As stated above, it is easier to just get the CHL. I always carry when fishing in rural areas, and I also carry a cougar tag with me. I've seen a cougar at Gnat Creek near Astoria, many cougar tracks near Big / Gnat Creeks (there was a big cat roaming the Gnat camp ground about 2 years ago; not sure if he's still there), and on the banks of the Trask not far out of Tillamook. I often fish with my elderly parents or my girlfriend, so if I see a cougar within pistol range and in a safe place to shoot, I have no qualms about turning it into a nice rug. Plus, they tase like pork chops!
     
  5. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    IN WA!!!!! you are exempt from the CC licensing law when you are recreating, or going to and from recreating...this includes 18-21 year olds. Again, IN WA!!!! you can carry a loaded, concealed or open, in your automobile (you cannot carry loaded in a vehicle without a CPL under normal circumstances), and yes that includes fishing and a lot of other activities, hunting, hiking, camping, horseback riding...etc

    The reason behind this is RCW 9.41.060(8) exempts you from the restrictions in .050 of the Concealed carry law it is very clear in the WA law, but you need to back up about 8 steps to see that.

    So: I see the word "exempt", in the OR quote....what you need to do is read the whole law, and see what this requirements section actually "exempts" you from. With the OR state preemption, you would have no worry about Portland, or any other local givernment entity...The state legislature says you can, you can, and they cannot do one thing about it. (or should I say they can be sued for not following the law if they hassel you)

    I would suspect the OR exemption is very simular to the WA exemption if you read the whole section.

    After saying that, if you ar 21 or older, it is easier, even if you OC, and plan to continue to OC, almost all the time (like myself) to just get the license. Lowers the hassel level. I am not interested in going to court, even if I end up with more money in my pocket.
     
    mjbskwim and (deleted member) like this.
  6. kornphlake

    kornphlake ptown New Member

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    So my interpretation seems to be correct that I may carry a concealed weapon in a tackle box with a valid fishing license in the state of Oregon, in my vehicle however the firearm needs to be clearly visible and unloaded or secured outside of the passenger compartment. Carry within the city of Portland I'd probably need a CHL, although not technically necessary the local fuzz is likely to hassle me about it. I'm not really interested in concealed carry to be honest, I'm not going to wear an IWB holster, I don't ride the Max and I don't live in Gresham so I feel okay with trusting in the goodness of humanity most of the time. I would like to have a pistol in my pack (considered concealed right?) when I'm out in the woods though, although it's unlikely I'll get any hassle from a ranger (I haven't seen one in years) I'd rather be within the law.

    Open carry of a loaded firearm is completely legal outside of city limits, for example at timothy lake, right?
     
  7. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    kornphlake, I do believe you understand OR law incompletely. You might want to look at OpenCarry.org - State Information For Oregon.

    Without a permit you can OC loaded in your vehicle except in those towns that restrict load OC (they cannot restrict unloaded OC) like Portland, Salem, Tigard, Beaverton, Oregon City, Independence City, and Astoria. If I remember correctly, Baker also has a city parks restriction, but that was years ago. Don't know if it is still true. Anyway, I've look at section 166, and your OR law is not as broad, in that you need a hunting or fishing license...but that hunting and fishing license is you equivilant to a concealed license, when you are hunting or fishing, or going to or from hunting or fishing.

    So, lets see what Oregon LAW actually says: 166.260(1) "ORS 166.250 does not apply to or affect". That statement there says anything within 166.250 (unlawful possession) that says doing this with a firearms is unlawful...doesn't apply if you are a licensed hunter or fisherman...end of discussion. Carry On, OC or CC when you are fishing (or hunting).

    BTW: the unlicensed loaded OC is lawful in OR anywhere it is not restricted, and only Portland, Beaverton, Tigard, Oregon City, Independence, Salem and Astoria have restrictions. (these are the only places at least that I know of) Being licensed in WA, and rarely going to OR any more, I don't have a OR permit, but I do OC in OR when I am there, so I am careful.
     
  8. swoop

    swoop Milwaukie, Oregon Well-Known Member

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    Goodness of humanity?:laugh: Watch the news lately? Take a class, get the licence, so you can carry it when and where you need to.
     
  9. Beefcake

    Beefcake Portland Active Member

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    Clear as mud, huh? Anyway, I would shy away from carrying it in a pack if you are considering it as self protection. I made this mistake once while hiking in the Cascades. I came around the corner on a trail to find a big bear blocking the trail less than 30 yards away. Luckily, the bear wasn't hungry / angry enough to eat me because my trusty .357 was safely tucked in the top of my pack where I had no chance of reaching it in time.
     
  10. tlfreek

    tlfreek Vancouver WA Active Member

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  11. SonicBlue03

    SonicBlue03 Snohomish Well-Known Member

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    What kind of gun do you carry when you fish? Is a .22 sufficient to protect you from salmon, or do you need something .38 and bigger?
     
  12. Beefcake

    Beefcake Portland Active Member

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    There obviously aren't cougars where you fish. Good on ya'; stick to the kiddie pond.
     
  13. SonicBlue03

    SonicBlue03 Snohomish Well-Known Member

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    I didn't know it was common for cougars to swim out and jump in boats. That's very good to know.

    If you're fishing on a bank somewhere where there are critters that are displeased you're encroaching on their habitat, I'm wondering why this might not be a time to exercise OC? I can understand carrying to and fro, but maybe if ones' trip is fairly focused to going fishing and heading home, OC might be less likely to receive hassle.
     
  14. Beefcake

    Beefcake Portland Active Member

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    Sorry, I couldn't tell if your prior post was just humor or was anti- guns in the woods (it was actually pretty funny if meant to be light-hearted). I was primarily talking about bank fishing. I also boat fish, and boat fishing is one of the few times that I often choose not to carry. I've seen fights at boat ramps and had guys threaten to board my boat and kick my butt (usually because I interupted their troll while trying to net one of the many fish I've caught in front of them while they can't buy a bite), but I've never really felt threatened on my boat.

    Fishing from the bank in remote areas is a different story. Between the amount of time I've spent in bear country in Alaska and the number of cougar tracks I've seen along rivers in Oregon the past few years, I would consider it foolish not to carry a gun. I have been within 10 yards of Alaskan Brown Bears on multiple occasions, and I've never felt the need to fire a shot; however, I don't want to be anyone's lunch. In addition, about 10% of the people that I run into in extremely remote bank fishing areas are creepy enough to make me happy that I'm armed. In these rare encounters, I greatly prefer to have the gun concealed in order to allow me greater flexibility depending on the perceived threat level. I am comfortable with those that choose to OC in the woods, and I have no problem doing this in Alaska where the assumption is that it is for bear protection. However, in NW Oregon, I choose to CC while fishing in order to not cause unwanted situations.
     
  15. SonicBlue03

    SonicBlue03 Snohomish Well-Known Member

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    It was humor. I spent my pre-teen years growing up between Peters Creek and Eagle River, and have seen more than my fair share of bears by streams and moose...well, those suckers are everywhere.

    And you're right - a lot of the people you find out where you don't expect to find them are accompanied by dueling banjos more often than not.
     
  16. Warthog

    Warthog Turner, OR Active Member

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    I have seen a cougar in Salem and Bears in Tualatin, and coyotes all over. So it doesn't seem to matter where you are. I caught a 12 pound Norther Pike in a very small pond in upstate NY.