Carrying Rifles in Cars

[JAFO]

Thanks for all the great replies. So to be clear, I can have the rifle in the car, magazines loaded but not seated in the rifle.

In Oregon as a CHL holder you can have the magazine in the rifle, a round in the chamber, and the safety off, legally. Caliber, city, or county does not matter.

 

[erudne]

In Oregon as a CHL holder you can have the magazine in the rifle, a round in the chamber, and the safety off, legally. Caliber, city, or county does not matter.

Please cite your sources; we may all need them as a defense soon enough

 

[The Heretic]

Hmm... So a thief wont target someone they will just take the opportunity?

Same thing.

 

[The Heretic]

In Oregon as a CHL holder you can have the magazine in the rifle, a round in the chamber, and the safety off, legally. Caliber, city, or county does not matter.

I don't know how many times people have to say this, but here it is:

CHL has nothing to do with long guns - a CHL is all about handguns, not long guns.

Show me the cite in Oregon law where a CHL makes any difference in how you carry or store long guns.

 

[Brutus57]

Oregon/Utah CHL and AR15 pistol loaded and under back seat........

Sad part is if you are forced to use it for protection you will most likely spend a lot of time in a court room.

I'd rather live in court than die on the road or next to Costco....YMMV

Brutus Out

 

[mjbskwim]

I'm on the train home from work, and don't have "the book" with me, so I'll commit the crime of speculation. I believe in Oregon, if you have a concealed pistol license, your carrying and/or possession of any firearm is covered by State law. Whatever exemptions and restrictions municipalities or countys have passed apply only to non cpl holders. Because there are no State level laws to the contrary, a permit holder may carry a loaded long arm in his or her car. I think the idea is State law trumps local law.

Now I lived in WA and know that OR has a pre-emtive clause unlike WA
Or is it just the opposite?
Which means that a local municipal CAN make stricter laws ,to some point ,than state laws
Even if you are on a train you should only post what you can support with the OR web site
Here's a start. Read this on the train
http://www.oregon.gov/SOLL/Pages/index.aspx

 

[Joe13]

http://www.oregonfirearms.org/faq

1. 
   There is no law against carrying loaded magazines. In fact, Oregon has no law against carrying loaded rifles in your car. Localities may restrict loaded carry of firearms by persons without concealed handgun licenses, but only in public places, which your car is not.

Best I could find, but I live in WA.

 

[Head Shot]

Erased

 

[Lantraxco]

In Oregon, with or without CHL long guns may be carried in your car, loaded if you wish, and may be concealed, as there is no current statute against it. You may also carry a loaded or unloaded handgun in your car without a CHL, *BUT* it must not be concealed, top of dashboard would probably be okay. If you don't have a CHL and wish to conceal the handgun, then it must be in a "closed and locked glove compartment, center console, or other container" and if they lock with a key, the key must not be left in the lock.

There are further exceptions for people that are members of shooting clubs travelling to and from the range, and also licensed hunters and fishermen travelling to and from. Apparently the legal system is rather narrow minded about these exceptions so be careful if you plan to take advantage of one or the other.

Local ordinances may in some cases override state law, in Portland for example not only must all weapons be unloaded, but yes indeed all magazines must be emptied. Stupid.

Oregon courts have held that since your car travels on public roads and is not a place or space at all but legally a "container", your personal vehicle is indeed a "public place" and is therefore stupidly subject to all stupid local ordinances. Really stupid. Sensing a trend here?

IANAL, YMMV, this is my understanding of the statutes at this point in time.

 

[oli700]

In Oregon, with or without CHL long guns may be carried in your car, loaded if you wish, and may be concealed, as there is no current statute against it. You may also carry a loaded or unloaded handgun in your car without a CHL, *BUT* it must not be concealed, top of dashboard would probably be okay. If you don't have a CHL and wish to conceal the handgun, then it must be in a "closed and locked glove compartment, center console, or other container" and if they lock with a key, the key must not be left in the lock.

There are further exceptions for people that are members of shooting clubs travelling to and from the range, and also licensed hunters and fishermen travelling to and from. Apparently the legal system is rather narrow minded about these exceptions so be careful if you plan to take advantage of one or the other.

Local ordinances may in some cases override state law, in Portland for example not only must all weapons be unloaded, but yes indeed all magazines must be emptied. Stupid.

Oregon courts have held that since your car travels on public roads and is not a place or space at all but legally a "container", your personal vehicle is indeed a "public place" and is therefore stupidly subject to all stupid local ordinances. Really stupid. Sensing a trend here?

IANAL, YMMV, this is my understanding of the statutes at this point in time.

good post and highly accurate.

 

[DirtyBird]

Now I lived in WA and know that OR has a pre-emtive clause unlike WA
Or is it just the opposite?
Which means that a local municipal CAN make stricter laws ,to some point ,than state laws
Even if you are on a train you should only post what you can support with the OR web site
Here's a start. Read this on the train
http://www.oregon.gov/SOLL/Pages/index.aspx

First friend, respectfully, lighten up. When I said I was speculating, I was doing just that. Please let me decide what I "should" or should not do. That my friend is the American way, and it is great!

Here's my thinking: Under current law, a city or county may regulate the presence of loaded firearms in public places. Check it out:

http://www.oregonlaws.org/ors/166.173

Note that ORS 166.173(2)(c) indicates "a person licensed to carry a concealed handgun" is exempted from any such local regulation or restriction.

Next, a public place is generally defined as a place to which the public has access to. At any rate, language to that effect is in ORS 161.015(10), as follows:

http://www.oregonlaws.org/ors/161.015

Now for some reason, in a decision called Bryan Ward VS State of Oregon, an Oregon Appeals Court concluded that one's own car is a "public place." Here is OFF's post about it:

http://www.oregonfirearms.org/102-14-08-oregon-court-of-appeals-deals-major-blow-to-gun-rights

Put that information together, and it adds up to this: Your car is a public place. Although cities and counties may regulate loaded firearms in public places, these regulations do not apply to "a person licensed to carry a concealed handgun."

So, if CPL holders are exempt from local regulation of loaded firearms in public places, it would seem the only remaining authority would be the ORS. That mirrors the language of Oregon's preemption clause, spelled out in ORS 166.170:

http://www.oregonlaws.org/ors/166.170

Note that the statute states "except as expressly authorized by state statue," the State reserves the authority to regulate "any matter whatsoever" regarding, among others, the "possession, storage, transportation or use of firearms."

All such matters regarding firearms that the State of Oregon has chosen to regulate are described in ORS Chapter 166, available here:

http://www.oregonlaws.org/ors/chapter/166

Reviewing ORS Chapter 166, I found no regulations regarding long arms, loaded or unloaded, in vehicles. I'm not aware anyone else has found such a regulation there either.

So, finally, adding everything up what we have is this: State law does not regulate long arms in cars. Cities and counties may regulate loaded firearms in public places, but these regulations do not apply to CPL holders. Your car is, unfortunately, now a public space. However, if you have a CPL, whatever regulations might be in effect in the city or county you're driving through do not apply to you.

I agree that it doesn't make a heck of a lot of sense that having a Concealed Pistol License would allow you to legally store your AR in your SUV while you're waiting for Thai food at a food cart in downtown Portland. But that's exactly where we're at.

Does that satisfy your desire for specific citations, MJ?

 

[3putts]

As a teenager in the early 50's, Toledo Oregon, we'd carry our 30-30's or shotguns on a gun rack, in the pickup, loaded and ready for hunting after school. My, have times changed.

 

[Joe13]

This is what I've taken from this thread:

1. Nobody agrees on almost anything.

2. Internet links are up for inturpitation and should most likely be taken to a lawyer for consultation.

3. Just like with pocket knives, Go with the MOST restrictive rules you can find and keep a good handgun available to get you to your rifle and mags.


Everything else is just speculation...

 

[Ura-Ki]

Hello all,

I searched some similar threads but didn't really see a nailed own answer to my question. I am a CHL holder and I carry every day. Got the down. However, I'm thinking about keeping some more 'power' nearby, such as keeping my AR in the trunk or back seat when I travel. I do a lot of traveling and want to remain prepared, especially in light of recent events that I believe will spill into USA/Oregon at some time. All that being said, my main questions are these; (thanks in advance for advice!)

1. Can I carry a rifle in my vehicle, in a carry bag without stirring up trouble?
2. Can the weapon be loaded, and/or a loaded magazine in the gun, or
3. Does the gun need to be unloaded and the magazines separated?

I'm also interested in tips on pro's/con's of doing this and ways of keeping it 'concealed'. I've always been afraid of keeping guns in my car (like a pistol in the glove box) for theft reasons.

Thanks for all the advice I'm sure is about to come!

You can access the Oregon Firearms laws easy enough and you can find all your answers as to legally carry in your car! I follow the don't ask don't tell ideas, and I keep an empty mag in the rifle when loose to avoid trouble. I can load and charge the rifle in seconds, and be ready to make some war if needed! That said, I would invest in, or make a strong box to mount ether under a seat (space permitting) or in the cargo area! If kept in a locked and safe condition ( kids or others cannot access) you can carry loaded!

 

[Lantraxco]

This is what I've taken from this thread:

1. Nobody agrees on almost anything.

2. Internet links are up for inturpitation and should most likely be taken to a lawyer for consultation.

3. Just like with pocket knives, Go with the MOST restrictive rules you can find and keep a good handgun available to get you to your rifle and mags.


Everything else is just speculation...

And all this stems from the fact that the laws as written are purposely vague and obtuse, allowing LEO's and DA's wide latitude in charging law abiding citizens with tenuously technical crimes. The whole mess needs to be replaced with plain english written to as much as possible elimintate "interpretation" and that covers the entire state. Nationwide constitutional carry would of course be preferable.

 

[Ura-Ki]

I drive an old school S.U.V. that was not all that secure! What I did was build form fitting strong boxes to fit the spaces that I needed! These are extra strong steel with protected locks! It would take a torch to get into these storage compartments and would likely ruin every thing inside! I have a ton of experience with "armor" and can say my compartments are totally secure! I do not keep any long guns loaded, but can load and charge fast enough! In this I can carry nation wide with out problems and my things are secure! Short of having my entire rig stolen, No one is going to be able to gain access to my things! As long as you do not give any reason to make your ride stand out ( Extra red neck clues) you don't drive like an bubblegum, and you do not give any indication of what might be inside, you should be just fine! Do not leave any thing in your ride that is of value, and bad guys will likely leave it alone!
The best way is to be invisible! A rig that is quiet, looks like you take care of it, dons't have any "tells" like pro gun bumper stickers and such, doesn't have super dark tinted windows, and just looks plane and simple will get you past most bad guys as well as LEO's

 

[Certaindeaf]

As a teenager in the early 50's, Toledo Oregon, we'd carry our 30-30's or shotguns on a gun rack, in the pickup, loaded and ready for hunting after school. My, have times changed.

No kidding. I think since the 60's though your rig glass would get reliably bricked if you had a shiny gum wrapper visible.
The penalty for bricking and stealing from a rig is absolute nada.. a thousand times.
Oh wait. !. all better now

 

[Lantraxco]

From when I lived in Portland, the penalty for stealing the whole rig was a ticket?

 

[Certaindeaf]

From when I lived in Portland, the penalty for stealing the whole rig was a ticket?

You talking to me? I said from a rig but anyway.

 

[Certaindeaf]

But I hear you. If your whole house gets tossed and stole, there'll be no CSI action.. you'll fill out an online report and be required to say "thank you". for like the last few decades