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Carrying on an ATV or Dirtbike...

Discussion in 'Legal & Political Archive' started by glockguy, Jun 2, 2011.

  1. glockguy

    glockguy Albany Oregon Well-Known Member

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    There was a thread Started about carrying on a street but i didnt wanna high jack that...

    So is it illegal to carry on a ATV? Concealed or Openly? Iv heard it was, but seems pretty stupid ...
     
  2. Riot

    Riot Benton County, Washington Well-Known Member

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    It's fine...I'd try a shoulder holster

    *edit*

    Just noticed you were in Oregon...no idea the laws on that.
     
  3. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    It is illegal:

    821.240 Operating snowmobile or all-terrain vehicle while carrying firearm or bow; penalty. (1) A person commits the offense of operating a snowmobile or an all-terrain vehicle while carrying a firearm or bow if the person operates any snowmobile or all-terrain vehicle with a firearm in the possession of the person, unless the firearm is unloaded, or with a bow, unless all arrows are in a quiver.

    (2) The offense described in this section, operating a snowmobile or an all-terrain vehicle while carrying a firearm or bow, is a Class B traffic violation. [1983 c.338 §729; 1985 c.393 §45; 1985 c.459 §31a; 1987 c.587 §14; 1989 c.991 §15a; 1991 c.589 §1]

    http://www.leg.state.or.us/ors/821.html

    166.360 defines loaded as:
    (3) “Loaded firearm” means:

    (a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.

    http://www.leg.state.or.us/ors/166.html

    Further discussed here with full ORS definitions of what is and isn't an ATV:
    http://www.northwestfirearms.com/legal-political/26658-atv-snowmobilers-chl-holder-fyi.html
     
  4. glockguy

    glockguy Albany Oregon Well-Known Member

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    So uhhh how can people hunt an carry a rifle on their ATV while hunting?
     
  5. SPU

    SPU Southwest Oregon Old Fart

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    They ignore the law and take their chances. Or ride with an unloaded gun.
     
    Last edited: Jun 2, 2011
  6. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    By having it unloaded till you get off to hunt.

    Same way people legally have to in WA unless you are a disabled hunter.
     
    Woody and (deleted member) like this.
  7. Phillyfan

    Phillyfan Oregon City, Oregon Bronze Supporter Bronze Supporter

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    Now, does "unloaded" mean not chambered, or that there are no rounds in the magazine? I was under the impression that this law was more of a safety concern than anything.
     
  8. JGRuby

    JGRuby Portland Oregon New Member

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    My understanding is that you can have aloaded firearm if you ahve a ccw - just like you cannto have a loaded firearm in a car or a truck legally unless you have a CCW. Correct me if the law says differently please.

    Respectfully

    James Ruby
     
  9. EZLivin

    EZLivin SW of PDX Well-Known Member

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    You cannot legally carry a loaded firearm when riding an atv, dirt bike, etc., in Oregon. Concealed permit does not matter. The weapon cannot be loaded. Don't have a link handy, but I looked into it a few months ago and got a definite "No."
     
  10. JGRuby

    JGRuby Portland Oregon New Member

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    Since I dont have an ATV except my F150 it really is a mute point to me - but thanks for clearing it up.

    Respectfully

    James Ruby
     
  11. MrNiceGuy

    MrNiceGuy between springfield and shelbyville Well-Known Member

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    I'll just repost my answer from the previous thread that you didnt want to "high jack".


    Safety? No. It's to deter illegal hunting... which is almost equally as stupid.
    "loaded" is up to the officers discretion, but most LEO's i've talked too agree that a round does not have to be chambered for the gun to be considered "loaded". A loaded magazine and an empty chamber is still considered a loaded firearm.

    OR_GOG.jpg
     
  12. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    166.360 defines loaded as:
    (3) “Loaded firearm” means:

    (a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.

    http://www.leg.state.or.us/ors/166.html
     
  13. cwegga

    cwegga Helena, MT Active Member

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    Well, think again. If you are 4x4ing your F150 counts as far as I can tell.

     
  14. MrNiceGuy

    MrNiceGuy between springfield and shelbyville Well-Known Member

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    Great find!
    I just printed it out.
     
  15. Phillyfan

    Phillyfan Oregon City, Oregon Bronze Supporter Bronze Supporter

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    "Safety? No. It's to deter illegal hunting... which is almost equally as stupid."

    I agree, that is stupid. So guys can drive up and down the logging roads with a round in the chamber, drinking beers (and throwing them on the side of the road), ready to stumble out at any moment to shoot whatever jumps in front of them, but someone on an ATV can't even have a round in the magazine? It's not like we are going to chase down the elk, and shoot it from the back of our moving Kawasaki! Safety is the only thing that makes sense to me, so I am just going to convince myself that it is what they really had in mind when they made the law. It will just help me deal with it.
     
  16. MrNiceGuy

    MrNiceGuy between springfield and shelbyville Well-Known Member

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    :bluelaugh:

    I've found it's better if you dont try to justify most laws.

    Try to change them, in the mean time you just have to abide by them.
     
  17. Phillyfan

    Phillyfan Oregon City, Oregon Bronze Supporter Bronze Supporter

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    Well, I'll leave my rifle or bow unloaded, but not my pistol. That's there for my protection. More from the drunk road hunters than the wildlife!
     
  18. i8asquirrel

    i8asquirrel Keizer, oregon Member

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    I atv in central Oregon alot and have had several interactions with LEO's out and about while armed. Only a few times have I had the officer even ask about my rifles in the rack. I have never been asked if I was also carrying a sidearm....CONCEALED MEANS CONCEALED
     
    Woody and (deleted member) like this.
  19. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    THIS!
     
  20. ablaut

    ablaut Salem(ish), OR Member

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    Wasn't there a bill proposed just a few days ago which would make it legal to carry a loaded firearm on ATVs? I haven't heard anything since Tuesday or so...