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CHL not required on Private Property

Discussion in 'Legal & Political Archive' started by Morpheus, Sep 4, 2012.

  1. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    Someone spouted off about not needing a CHL to conceal on your own private property. I looked but came up short on finding any reference for this.

    Anyone have a sighting for this? Maybe it is just bunk from the start?

    Thanks,
    M
     
  2. beavertonbuck

    beavertonbuck Beaverton Active Member

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    ORS 166.250(2)(b) allows anyone 18 years or older that is not otherwise excluded to carry at there place of residence or business.
     
  3. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    But is that open or conceal? The whole section seems to deal with the Unlawful possession of firearms. Not specifically regarding the Concealment of a firearm without a CHL on private land.

    Or am I reading it incorrectly?
     
  4. fd15k

    fd15k Tigard,OR Well-Known Member

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    Yeah, that's the thing - place of residence or place of business. I did some bouncing back and forth on the subject a while ago, and nobody could tell if bare private land is included.

    Concealment puts a firearm into unlawful possession status unless one of the exemptions is met. And note my comment on "private land".
     
  5. iamme

    iamme Lane County Well-Known Member

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    "As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters."
     
  6. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Concealed means concealed.
     
  7. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    Yes, this is very true.

    Without going into a lot of detail, I'm looking for legal reference due to a situation where a buddy was on his own property (with house attached) and an officer asked about his partially concealed weapon. It was my understanding that on private property and residence that you didn't need the CHL. Just was trying to figure it out is all.

    But yes, normally Concealed means concealed. But if an Policeman sees a firearm, and asks to see your conceal carry and you don't have one. It is nice to have the exact legal statute to recite to them.
     
  8. Akathepriest

    Akathepriest Astoria, OR Active Member

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    Here it is.

    166.250 Unlawful possession of firearms. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470 or section 5, chapter 826, Oregon Laws 2009, a person commits the crime of unlawful possession of a firearm if the person knowingly:
    (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
    (c) Possesses a firearm and:
    (A) Is under 18 years of age;
    (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and
    (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;
    (C) Has been convicted of a felony;
    (D) Was committed to the Oregon Health Authority under ORS 426.130;
    (E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or
    (F) Has been found guilty except for insanity under ORS 161.295 of a felony.
    (2) This section does not prohibit:
    (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:
    (A) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or
    (B) Temporarily for hunting, target practice or any other lawful purpose; or

    (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.
     
  9. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    Sorry, just had derp moment.

    So it is one of those "This is always illegal, unless X" type of situations. I think I get it now.

    Thank you for the underline section, now I'm getting it.
     
  10. Akathepriest

    Akathepriest Astoria, OR Active Member

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    Well, everything is Legal unless there are laws against it. Since there is a law against it, there are also exceptions. If you carry in your home or place of business, you are exempt from needing a CHL.
     
  11. fd15k

    fd15k Tigard,OR Well-Known Member

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    Here is the catch though, does the "place of residence" include the land surrounding a dwelling when there is no fence around the property ? Like they clarify that an RV is a qualifying residence when used as residential quarters, but they say nothing about say immediate 3 feet surrounding that RV during such time...
     
  12. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    First of all, why was the officer on private property? This is the first angle to work. A LEO has no business on your property if he does not have a warrent, or is invited. Second, if the officer saw the weapon, it wasn't concealed was it?
     
  13. fd15k

    fd15k Tigard,OR Well-Known Member

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    It could have been on an unfenced front yard without clear indication of the person being the property owner. It was also stated that the weapon was partially concealed, which means either the person had no intention of concealing it (Open Carry) and concealment occurred by accident, or perhaps the firearm was "printing". I'm here to help :)

    Another thing to remember - there are private properties open to the public. Shopping malls, movie theaters, restaurants, parking lots, etc...
     
  14. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    Both WA and OR go on the old english law,if it isn't stated illegal,then it is legal.

    If a policeman asks for a carry permit while you are on private property,not just your own,tell them to get a warrant.
    Then his commander can educate him on this

    As long as you are not brandishing it,shouldn't be any of his business.
     
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  15. Redcap

    Redcap Lewis County, WA Well-Known Member

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    I use significantly different words, but yes.
     
    mjbskwim and (deleted member) like this.
  16. python287

    python287 Neskowin,OR Active Member

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    If you are on your OWN private property - not someone else's private property..


     
  17. fd15k

    fd15k Tigard,OR Well-Known Member

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    And besides there are things like "plain view" exceptions to the private property rules. If police has a reason to believe (based on their observation from the street) that a crime is being committed on private property, they don't require a warrant to enter the private property and seize persons & possessions.