Oregon Carrying as a Pedestrian

[PedestrianPack]

Hello,

first-time firearm purchaser here, I recently bought my a Glock 19 Generation 3 and am wondering about the legality of carrying my handgun in the factory container (locked) in a bag/backpack while being a pedestrian (walking/biking/e-scooter), and traveling on the bus systems in the state (following their individual rules and guidelines of course), with magazines loaded or unloaded, and ammunition.

ORS 166.250
Unlawful possession of firearms

(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

(4)

(a) Except as provided in paragraphs (b) and (c) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.
(b) If a vehicle, other than a vehicle described in paragraph (c) of this subsection, has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:
(A)The handgun is stored in a closed and locked glove compartment, center console or other container; and
(B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.
(c) If the vehicle is a motorcycle, an all-terrain vehicle or a snowmobile, a handgun is not readily accessible within the meaning of this section if:
(A) The handgun is in a locked container within or affixed to the vehicle; or
(B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm.

with the annoations

""Upon the person" includes bag and its contents while defendant held bag. State v. Anfield, 313 Or 554, 836 P2d 1337 (1992); State v. Finlay, 179 Or App 599, 42 P3d 326 (2002), Sup Ct review denied"

"Accessibility of firearm carried in bag, briefcase or suitcase is irrelevant to determination that firearm was carried upon person. State v. Finlay, 179 Or App 599, 42 P3d 326 (2002), Sup Ct review denied"

I have found these old threads as well seems to be a lot of mixups.
-https://www.northwestfirearms.com/threads/portland-handgun-transport-on-foot.217089/
-https://www.northwestfirearms.com/threads/open-carry-backpack-carry-in-the-woods-with-no-chl.145085/


From my understanding, this would mean a handgun is not readily accessible for vehicles OR a person even if stored/"concealed" in their bag. Should I get a trigger lock/guard as an extra precaution legality-wise?

Any help understanding would be greatly appreciated.

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[Dozer99]

Trigger lock. Seems like the only clear answer in the whole ORS.

Man, that's a sticky question, but yea I'd go with a trigger lock.

 

[Member 53328]

I would suggest getting your concealed carry license. If you haven't done so already.

 

[solv3nt]

I would suggest getting your concealed carry license. If you haven't done so already.

Second. Your CHL will get you passed most local ordinances as well.

 

[PedestrianPack]

getting CHL

Easier said than done it seems at this point, I have already scheduled an appointment, the earliest being Mid-April 2023. So unfortunately it seems until then I will have to work on finding a clearer explanation of the law or just hoping for a legal workaround.

 

[Hooyah DeepSea]

Kinda off on a tangent here, but without a CHL, the firearm must be locked up (container, trigger lock, barrel snake lock, whatever); so why would you want to carry it at all since you can't 'use it' ? You could just as easily carry a hammer and screwdriver, and they don't have to be locked. And, if you needed it and had the time to break it out and unlock it and load it; you probably didn't need it anyway, and your probably going to be charged with misuse of a firearm. or illegal concealed carry.
NEXT Question . . . Don't they have open carry there?

 

[Knobgoblin]

^^^
Following your tangent. I assume it's not about having a firearm available while in transit, so much as having it available at the destination.
Just a wild guess.

 

[Hooyah DeepSea]

Knobgoblin; now that would make perfect sense. Unfortunately the original motivation was not expressed by the OP; but your thought is good.

 

[Koda]

It rarely comes up but this is an old question thats never been answered. Nobody knows.
Theres nothing in the law exempting foot transport of firearms from concealed carry laws.

 

[Xmark1]

Kinda off on a tangent here, but without a CHL, the firearm must be locked up (container, trigger lock, barrel snake lock, whatever); so why would you want to carry it at all since you can't 'use it' ? You could just as easily carry a hammer and screwdriver, and they don't have to be locked. And, if you needed it and had the time to break it out and unlock it and load it; you probably didn't need it anyway, and your probably going to be charged with misuse of a firearm. or illegal concealed carry.
NEXT Question . . . Don't they have open carry there?

In the Peoples Socialist Republic of Kalifornia, my house was being pelted with bullets one night. By the time the shooting stopped, I still had not found my keyring so as to remove the lock from the G23 in my nightstand.

 

[PedestrianPack]

Kinda off on a tangent here, but without a CHL, the firearm must be locked up (container, trigger lock, barrel snake lock, whatever); so why would you want to carry it at all since you can't 'use it' ? You could just as easily carry a hammer and screwdriver, and they don't have to be locked. And, if you needed it and had the time to break it out and unlock it and load it; you probably didn't need it anyway, and your probably going to be charged with misuse of a firearm. or illegal concealed carry.
NEXT Question . . . Don't they have open carry there?

It is off-tangent because you didn't read the post. I clearly specified "legality of carrying my handgun in the factory container (locked) in a bag/backpack while being a pedestrian (walking/biking/e-scooter), and traveling on the bus systems in the state (following their individual rules and guidelines of course), with magazines loaded or unloaded, and ammunition."

so why would you want to carry it at all since you can't 'use it' ?

Surprising question on a firearm forum. Are you a cop? My 2nd amendment right? To go to a range and practice with my new gun? To travel and follow the rules of the respective travel agency? Lots of reasons.

 

[PedestrianPack]

^^^
Following your tangent. I assume it's not about having a firearm available while in transit, so much as having it available at the destination.
Just a wild guess.

Not so much a wild guess, just having good reading comprehension. This post is directly about NOT having access to my firearm and not being able to open-carry it because I'd rather be able to ride the bus than not .

and traveling on the bus systems in the state (following their individual rules and guidelines of course), with magazines loaded or unloaded, and ammunition.

 

[PedestrianPack]

It rarely comes up but this is an old question thats never been answered. Nobody knows.
Theres nothing in the law exempting foot transport of firearms from concealed carry laws.

Unfortunately, this seems to be the only real answer, No one knows.
My best bet is probably speaking with a local firearm lawyer or the local PD lol.

 

[Koda]

or the local PD lol

no, do not go to the PD to get legal advice, only go to a lawyer. Only a lawyer can "professionally" interpret the law.

 

[PedestrianPack]

no, do not go to the PD to get legal advice, only go to a lawyer. Only a lawyer can "professionally" interpret the law.

Not so much for legal advice, but for advice on HOW they would look at it and handle a situation where someone had a locked firearm in a bag with ammunition, cops notoriously do not know the law, but they are the ones enforcing it. Spouting off laws can only help you so far, however, I do not live in Eugene, only work there and the closest indoor range is there hence the reason for the post, the cops in my town are far more receptive to their townsfolk carrying firearms.

 

[Koda]

Not so much for legal advice, but for advice on HOW they would look at it and handle a situation where someone had a locked firearm in a bag with ammunition, cops notoriously do not know the law, but they are the ones enforcing it. Spouting off laws can only help you so far, however, I do not live in Eugene, only work there and the closest indoor range is there hence the reason for the post, the cops in my town are far more receptive to their townsfolk carrying firearms.

Your on the right track, just keep in mind that the how "they" would handle it is actually how that individual you spoke with thinks the rest of the officers would handle it. All it takes is one individual, and there are anti gun cops. Perhaps Eugene area is more gun friendly but Land county did vote for Kotek....

Anyways, I would lock in hardcase deep in backpack, separate from ammo in another case. No idea if thats legal as a pedestrian but one could argue that the backpack is like the trunk of a car, not accessable to the "passengers". .

 

[PedestrianPack]

Your on the right track, just keep in mind that the how "they" would handle it is actually how that individual you spoke with thinks the rest of the officers would handle it. All it takes is one individual, and there are anti gun cops. Perhaps Eugene area is more gun friendly but Land county did vote for Kotek....

Anyways, I would lock in hardcase deep in backpack, separate from ammo in another case. No idea if thats legal as a pedestrian but one could argue that the backpack is like the trunk of a car, not accessable to the "passengers". .

Definitely a good perspective to have, thanks. Eugene is definitely NOT gun friendly, but living 10-20 minutes north makes all the difference!

My thinking for carrying in a backpack is similar, keeping my firearm in a locked container, with possibly a trigger guard for added legal protection. And the ammunition is kept separately as you mention. My only thoughts at that point would be the storage of the magazines and whether they can be loaded or would have to be unloaded.

 

[Koda]

My only thoughts at that point would be the storage of the magazines and whether they can be loaded or would have to be unloaded.

The only place in Oregon that I know of that has a loaded magazine prohibition is Multnomah County.

 

[Hooyah DeepSea]

PedestrianPack, to clear the air, I was not trying to be obstinate or challenging. You just didn't say why you were looking at riding the bus system with a firearm. That and I'll admit that I haven't ridden on a bus in decades, so I don't know about the rules / policies there.

Now there are those who 'carry' for absolutely no reason except to carry. To my thinking this does not make a lot of sense as it tends to further complicate things should 'something' happen. Riding the bus to the range, per se, or some purpose of that nature is a whole lot different. In any case, having the firearm and the ammo locked up and not advertising that you have them probably will cover the situation.

Sorry to spin you up; that was not my intention.

 

[chief_shotts]

I would suggest getting your concealed carry license. If you haven't done so already.

!! I second