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concealed carry on ATV

Discussion in 'Legal & Political Archive' started by i8asquirrel, Aug 16, 2010.

  1. i8asquirrel

    i8asquirrel Keizer, oregon Member

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    I have a permit and carry almost all the time, My buddy says I am breaking the law when I carry concealed on my ATV, he states that Oregon has a no loaded gun on ATV's law. . . . . anyhelp?
     
  2. Karma

    Karma the woods in Oregon Active Member

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    From what I have found, he is right unfortunately. I believe that you can have your gun on you, as long as the clip isn't in it and is seperated from the gun.
     
  3. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Concealed means concealed.
     
  4. rufus

    rufus State of Jefferson Well-Known Member

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    Per OREGON VEHICLE CODE Chapter 821 - Off-Road Vehicles; Snowmobiles; All-Terrain Vehicles

     
  5. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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  6. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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  7. wooddog

    wooddog Hines New Member

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    This is true with the exemptions of the law (2) Subsection (1) of this section does not apply to a person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun! So yor buddy is right for persons who do not have a permit, but not with you holning your permit so ride on. I ride with mine all the time and have never been bothered.
     
  8. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    That is correct information NOW. 2 years ago when the OP originally asked the question the law was different as stated in post #4.
     
  9. ocarolan

    ocarolan Portland, Oregon Well-Known Member

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    Also remember Oregon defines an "ATV" rather broadly. Essentially any truck operated "off a highway" is a class II ATV, for example.


    801.193 “Class II all-terrain vehicle.” “Class II all-terrain vehicle” means any motor vehicle that:

    (1) Weighs more than a Class I all-terrain vehicle;

    (2) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain; and

    (3) Is actually being operated off a highway or is being operated on a highway for agricultural purposes under ORS 821.191. [1987 c.587 §2; 2005 c.227 §1; 2007 c.207 §1]


    http://www.leg.state.or.us/ors/801.html


    Of course, it's not totally clear what "off a highway" means, in the context of chapter 801. Would an old logging road qualify? For perspective, other chapters of ORS define "public highway" fairly liberally, although those definitions don't necessarily apply to 801. For example ORS 825:

    825.005 As used in this chapter:

    Public highway means every street, alley, road, highway and thoroughfare in this state used by the public or dedicated or appropriated to public use.



    Going back to the carry rule - as mentioned, HB 2792 last year exempted CHLs from this rule.
     
  10. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    It's a stupid law. I open carry on my dirtbike here in WA State. In addition I have a folding stock Mini 14 mounted on my handlebars, loaded
     
  11. ocarolan

    ocarolan Portland, Oregon Well-Known Member

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    Yes. All motorcycles are considered a class III ATV while being operated off-highway (ORS 801.194).

    Additionally, if they weigh more than 1200 lbs, they may also meet the definition for a class II ATV.

    The 2011 definition changed from what I posted earlier, here is the revised statute:



    801.190 “Class I all-terrain vehicle.” “Class I all-terrain vehicle” means a motorized, off-highway recreational vehicle that:

    (1) Is 50 inches or less in width;

    (2) Has a dry weight of 1,200 pounds or less;

    (3) Travels on three or more pneumatic tires that are six inches or more in width and that are designed for use on wheels with a rim diameter of 14 inches or less;

    (4) Uses handlebars for steering;

    (5) Has a seat designed to be straddled for the operator; and

    (6) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain. [1985 c.459 §2; 1995 c.775 §9; 1997 c.228 §1; 2011 c.360 §1]



    801.193 “Class II all-terrain vehicle.” “Class II all-terrain vehicle” means any motor vehicle that:

    (1) Weighs more than or is wider than a Class I all-terrain vehicle;

    (2) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain;

    (3) Is actually being operated off a highway or is being operated on a highway for agricultural purposes under ORS 821.191; and

    (4) Is not a Class IV all-terrain vehicle. [1987 c.587 §2; 2005 c.227 §1; 2007 c.207 §1; 2011 c.360 §2]



    801.194 “Class III all-terrain vehicle” and “Class IV all-terrain vehicle.” (1) “Class III all-terrain vehicle” means a motorcycle that travels on two tires and that is actually being operated off highway.

    (2) “Class IV all-terrain vehicle” means any motorized vehicle that:

    (a) Travels on four or more pneumatic tires that are six inches or more in width and that are designed for use on wheels with a rim diameter of 14 inches or less;

    (b) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain;

    (c) Has nonstraddle seating;

    (d) Has a steering wheel for steering control;

    (e) Has a dry weight of 1,800 pounds or less; and

    (f) Is 65 inches wide or less at its widest point. [1989 c.991 §2; 2011 c.360 §3; subsection (2) of 2011 Edition enacted as 2011 c.360 §5]

     
  12. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    The mini 14 being loaded is probably NOT a good idea. F&W (RCW 77) doesn't like anything like a loaded rifle in or on a vehicle. RCW 9.41 is generally only addressing sidearms. If you met a Sheriff's deputy you would probably would not be cited, but a game warden, that might be different.
     
  13. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    I don't currently hunt and it's for self defense of me and my gal.. never had a problem so far. But I do mostly ride out back of our land on Green Diamond timber Co land, no game wardens out there
     
  14. PaulZ

    PaulZ Oregon City Active Member

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    We would expect nothing less! Where do you stow your grenades?:rolleyes:
     
  15. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    As long as you are on your own land, or other private land you have a legal right to be on, you can do as you please, but not on public land or public roadways. When it comes to SD, carry of a long gun is limited...ya ya, can they make it stick? Maybe, maybe not..in any case it would be a pain if you were cited for a loaded long gun in/on a vehicle...

    RCW 9.41 provisions for self defense are generally limited to the carry of a handgun. If you look at the title and read RCW 9.41.050 you would thing the prohibitions were for all firearms, but in actuality they only concern pistols, Same goes for the exemptions in RCW 9.41.060...they are the exemptions for the prohibitions in RCW 9.41.050.

    I happen to agree that a long gun can be used as a defensive weapon, especially against 4 legged threats...but so far, that is not how the legislature sees it.
     
  16. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    They are on the sides of the magazine pouches, of course! I figure if I can't do the job with two of them I am probably toast, anyway

    BTW I will get even scarier after my HK 93 clone is built.. it will be an evil black German assault rifle on the handlebars instead of the nice stainless US rifle
     
  17. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    I think you kinda nailed it about what it's mostly for after seeing a pack of wild dogs out there once and having only my 1911 strapped on. Now I could have maybe gotten one of them before they vanished into the timber but a 5.56 would have been better medicine

    For everyone's clarification, if you want to strictly obey this little unConstitutional law in WA.. and also have some fun in the process, carry loaded long gun mags and put an empty in the rifle and have the chamber empty. Few people would care to discover via bad acting if that inserted mag is loaded
     
  18. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    In Oregon the statute reads "firearm", and doesn't specify pistol or rifle. The way it reads, you can apparently carry anything you want on an ATV loaded and ready if you have an Oregon CHL. Even without a CHL, it's not loaded unless there's a round in the chamber, the way I read the statute. Anybody know any different?
     
  19. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    There are two definitians in WA for "firearm"...the fish and wildlife one that only means long guns,(RCW 77) and the RCW 9.41 definition that means any device that expells a projectile by an explosive force....then a pistol is a firearm with a barrel length of 16" or less. RCW 9.41.050 specifies "pistol". If ATF defined SBR were legal in WA (they are not) I would suspect you would have to consider them pistols. RCW 9.41.010
     
  20. Thebastidge

    Thebastidge 10411 NE Fourth Plain Blvd Vancouver WA 98662 Well-Known Member

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    Lots of precedent fo a magazine inserted but no round chambered still being considered "loaded". The Portland city ordinance that bans loaded open carry without CHL will get you arrested if there's a loaded magazine in the firearm with no round chambered.

    If you don't have a WA CPL and have a pistol with magazine inserted in your car, even with no round chambered, you're going to be cited for it.