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CCH's displaying weapon law?

Discussion in 'Legal & Political Archive' started by willseeker, Oct 8, 2009.

  1. willseeker

    willseeker N. Portland. Well-Known Member

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    Does anyone know if this has been recently passed? This excerpt was taken from the Urban Survival website today:
    Finally, a new law allows for a concealed carry permit holder to “display” their weapon to de-escalate what would otherwise be a violent altercation. It has been designed to stop problems in the past where the passive display of a firearm was considered brandishing and not a means of self defense. It will prevent law abiding citizens from violating the law when lethal force is not required to prevent a violent incident. It is important to note that this law does not allow for you to remove your handgun from its holster to intimidate another individual or gain leverage on a situation. Thank you to all of the NRA members who answered the call to act during the legislative session. Without you, these victories would not have been possible.
    My wife and I were recently at a public gathering when someone came at us in a menacingly fashion, I pulled my shirt back, exposed my G19 and told him to stop. This seemed to stop him and he went away. My concern is that I have thought this constituted brandishing, with the possibility of losing my license.
    Any thoughts would be helpfull. As always I will check with the lawbooks before taking this as fact.
     
  2. Cougfan2

    Cougfan2 Hillsboro, OR Well-Known Member

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    I heard that this was passed in a particular state, but is by no means universal law. I'm pretty sure there is no such law in Oregon and whether you got charged with brandishing or not would depend on the situation or a PD's discretion.

    Any OFF members out there with any input on this?
     
  3. willseeker

    willseeker N. Portland. Well-Known Member

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    Yeah, the article doesn't mention what state.
     
  4. Chee-to

    Chee-to Oregon Well-Known Member

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    Arizona;
    Clarification: Arizona’s Carry Laws

    An interesting clarification from yesterday’s column - I’ve added some highlighting of what seems important to me:

    PLEASE NOTE YOU CAN NOT DRINK WHILE YOU CONCEAL CARRY IN A BAR IN ARIZONA, AS YOU WRONGLY REPORTED — NRA-ILA is pleased to announce that three new pro-gun laws officially go into effect in today in Arizona. The employee protection/parking lot law requires employers to allow the lawful storage of firearm(s) in employees’ locked motor vehicles while they are at work. Employers are not allowed to ban the storage of firearms in vehicles unless they offer an alternate location to park immediately adjacent to the standard parking area.

    Also effective today, concealed carry permit holders can carry a concealed firearm for self-defense while in an establishment that serves on site alcoholic beverages as long as they are not consuming alcohol. A restaurant or bar can ban possession by posting a sign next to the liquor license. It is important to note that posting the sign at the entrance of an establishment is not sufficient and one is legally protected to enter the premises and see if the sign is posted in the proper place next to the liquor license. If it is not, the establishment is not in compliance with the law and you may remain inside even if a sign is posted at the entrance. It is important for gun owners to politely let restaurant owners know you prefer to patronize those restaurants who do not post their premises.

    Finally, a new law allows for a concealed carry permit holder to “display” their weapon to de-escalate what would otherwise be a violent altercation. It has been designed to stop problems in the past where the passive display of a firearm was considered brandishing and not a means of self defense. It will prevent law abiding citizens from violating the law when lethal force is not required to prevent a violent incident. It is important to note that this law does not allow for you to remove your handgun from its holster to intimidate another individual or gain leverage on a situation. Thank you to all of the NRA members who answered the call to act during the legislative session. Without you, these victories would not have been possible.

    Ah…with more details from the NRA what’s going on in AZ makes a lot more sense now…especially the part about “as long as they are not consuming alcohol. ‘Preciate the clarification.

    –
     
  5. willseeker

    willseeker N. Portland. Well-Known Member

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    It seems that displaying a firearm to diffuse a situation, in Oregon at least, is still going to be judged subjectively based on the individual circumstances. If there is no violent felony being committed, displaying a firearm would be viewed as brandishing? And if there is, it would be acceptable to even go as far as using lethal force in its prevention or to stop it?
    It looks like AZ got it right by allowing CCH's to passively expose their firearm, without removing it from the holster, to diffuse a potentially violent situation.
    Does anyone know how to start changing the law in Oregon?
    Or does it really matter? If you have a CHL, aren't we allowed to OC? And wouldn't exposing a firearm be considered just that?:cool:
     
  6. Benny503

    Benny503 Grants Pass Well-Known Member

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    Willseeker, you are right on the spot. This case the OC laws go into affect. For those that live in the city like PDX, Beaverton and Hillsboro need to have CCP to open carry. I dont think at this point the law enforcement pick on you for display your firearm. As long as you are not touching it or put your hand on it. You can alway say you are exercising your right OC he he he just a thought. Any input will appreciate :)