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Carrying while quad riding at sand lake or

Discussion in 'Legal & Political Archive' started by omenwolf, Aug 22, 2014.

  1. omenwolf

    omenwolf Oregon Active Member

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    So I am taking my new quad to sand lake this Sunday. My buddy says that we can't carry while riding, I asked him where he got that information and he couldn't remember. My other buddy's Pops was harassed by the stateies while riding a few years ago but was let go wirh a warning. I have tried looking on handgun laws.net and couldn't find anything. Keep in mind we all have cwp's. Looking for a little help or direction to where I can find the information I need. Thank you.
     
  2. brandon44

    brandon44 John Day New Member

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    Here is a copy of ORS 821.240

    Operating snowmobile or all-terrain vehicle while carrying firearm or bow

    • exemptions• 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)Subsection (1) of this section does not apply to 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.

    (3)As used in this section, unloaded means:

    (a)If the firearm is a revolver, that there is no live cartridge in the chamber that is aligned with the hammer of the revolver;

    (b)If the firearm is a muzzle-loading firearm, that the firearm is not capped or primed; or

    (c)If the firearm is other than a revolver or a muzzle-loading firearm, that there is no live cartridge in the chamber.

    (4)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; 2011 c.662 §6]

    As long as you have a chl, you should be good to go!
     
    gryghin likes this.
  3. omenwolf

    omenwolf Oregon Active Member

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    Thank you
     
  4. CoastRange57

    CoastRange57 Western Oregon Bronze Supporter Bronze Supporter

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    It may have something to do with ownership of the area. There are Forest Service or BLM or some Fed law enforcement there. A good number of years ago, I rode with a buddy over there on a holiday weekend. He had no permit to get in the area, which was required. He decided to jump the berm and just drive in there.

    We rolled in a few hundred yards and a Forest Service Jeep came up with his lights on and stopped us. He asked how we got in and my buddy gave him a big bull**** story about getting in back at the main gate and his brother had his pass. The Fed went back to his jeep, got on the radio and then walked back up to the pickup. He looked at my buddy and said " Mr. XXXXX, I am about to arrest you for giving false information to a Federal officer. "

    My buddy looked at me with some huge eyeballs, and pointed to where we came in, and said I drove over that berm right there and came in here. " The Fed then gave him a ticket, kicked us out of the area of course and we went on our way.

    If that is a Federal property and it is patrolled by Federal LEO, then you are probably going to have a problem. I know Tillamook County provides LE too and EMS services there, but I think the Feds may still be there too. :(

    Just a quick Google shows it is a Federal site in the Siuslaw Recreation area. Forest Service.

    http://www.fs.usda.gov/recarea/siuslaw/recreation/recarea/?recid=42689
     
  5. The Heretic

    The Heretic Oregon Well-Known Member

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    I believe the law was originally intended to use against poachers who would use ATVs or snowmobiles to run down game.

    As is the case, the rest of us pay for the misdeeds of the few.
     
    salmonriverjohn likes this.
  6. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    If you read the statute carefully, it prohibits all loaded firearms on ATVs, then it exempts CHL holders. So as I read it, if you have a CHL you can carry any firearm loaded on an ATV.
     
  7. ocarolan

    ocarolan Portland, Oregon Well-Known Member

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    Props to OFF for adding this exemption in 2011.
     
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  8. Certaindeaf

    Certaindeaf SE Portland Well-Known Member

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    Yea, carry it concealed if you gots a concealed license.
    Or am I hearing you can open carry your mosin nugent while out bajahing there if you have a CCW?
     
  9. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    It isn't a CCW, it is a CHL. Concealed Handgun Licence (In Oregon). So no, it doesn't seem your Mosin-Nagant (spell check please), a rifle, wouldn't be legal if loaded.
     
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  10. 8ball

    8ball WA Quit talkin' and start chalking!

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    The language of the law doesn't say that. It clearly says anyone with a CHL is exempt from subsection (1), so logically that means you could legally even carry a bow with a CHL, for example.

    Disclaimer: I am not a lawyer.
     
    ZigZagZeke likes this.
  11. Truenorth

    Truenorth Pacific Northwet Active Member

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    Why would anyone need a handgun at Sand Lake anyway?
    Not like it's been overrun by meth heads and gang bangers.
    Been there plenty of times, nothing but a bunch of white dudes harping on anything that takes race gas.

    I carry when I'm riding remote backwoods but only because meth cookers are effing crazy and shoot at anyone.
     
  12. GunRightsCoalition

    GunRightsCoalition Vancouver Well-Known Member 2015 Volunteer 2016 Volunteer

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    Why would anyone carry at Clackamas Town Center? Nothing but a bunch of Christmas shopping soccer moms there. Oops. Face it. There is no place that we can be assured that there will not be some criminal there that has no regard for gun free zones. I put on my seat belt every time I get in the car and yet haven't been in an accident in years. I put on my helmet every time I get on my bike and it's been almost 30 years since it was needed. Just happens that it saved my life though when I caught a deer at 60 MPH back then. I do both as a matter of precaution. For the same reason I always have a firearm on my side. I can't predict if today will be the day that I actually need it. If I could predict that then I could just stay home to avoid the hassle. That simply isn't practical though so I prepare for the worst and hope for the best.
     
  13. Certaindeaf

    Certaindeaf SE Portland Well-Known Member

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    So in other words that was a figure of speech that you failed to understand/answer. No problem though. In other words, could our little hamster open carry (with his CHL!) a 2' long hogleg? lol
     
  14. Certaindeaf

    Certaindeaf SE Portland Well-Known Member

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    Why do you need a handgun? Squeal like a little piggy like I like, pig boy. good lol talk
    I know you're a cage fighting grandma like all of them and have no need of a powerful handgun like an average person.
     
    salmonriverjohn likes this.
  15. RVTECH

    RVTECH LaPine Well-Known Member

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    I never carry holstered on my quad - for fear of loosing my gun! Always in the front flip top compartment. However now that I will soon be an ex quad owner I won't have to worry about that anymore.
     
  16. salmonriverjohn

    salmonriverjohn N.W Oregon coast, Gods country Well-Known Member

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    Quads are for the imbalanced among us:)
     
  17. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    Here's the full text:

    § 821.240¹
    Operating snowmobile or all-terrain vehicle while carrying firearm or bow

    Now, section 1 makes it illegal to carry ANY firearm or bow loaded on an ATV. Section 2 then exempts CHL holders from the requirements of section 1. Clearly and logically the exemption went WAY further than our dear legislators probably meant for it to go. As I read it, section 1 in its entirety does not apply to CHL holders. That means that you should be able to carry ANY firearm or bow loaded while operating an ATV if you have a CHL.

    Also, pay close attention to the language in section 3, all you non-CHL holders. A revolver needs only to have no round under the hammer (which wouldn't matter anyway on most revolvers), and a firearm with a cartridge magazine needs only to have no round IN THE CHAMBER. A muzzle loader need only have no primer or cap in place (it can still be "loaded"). I have to believe that whoever wrote this statute was VERY gun friendly.
     
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  18. The Heretic

    The Heretic Oregon Well-Known Member

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    Or gun ignorant.

    One should be careful when reading laws and coming to conclusions. Most of us are not lawyers much less judges. What counts is what a court of law says the law means, not a court of public opinion.

    Before acting on the conclusions arrived at in this thread, I would go ask a lawyer.
     
  19. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Well... In a way it DOES come down to "public opinion" in a court of law. Have we all not seen a jury of our "peers" determine some crazy verdicts in the past, despite the written law(s)?


    :s0054: :s0037: :s0081: :s0064:


    Because obsessed, single-minded, white dudes NEVER go off the rails, and meth-heads and gang-bangers NEVER randomly show up in places where you'd never suspect they would... where's that face slap emoticon? :rolleyes:
     
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  20. covert1

    covert1 Oregon New Member

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    ZiZagZeke is correct...READ section 3. That is the law, and there is no fuzzy interpretation of it. No need for a CWL/CHL if it is unloaded per the definition. carry like you depend on it. you do!