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concealed means concealed....

Discussion in 'Legal & Political Archive' started by v0lcom13sn0w, Mar 30, 2015.

  1. v0lcom13sn0w

    v0lcom13sn0w Keizer, or Well-Known Member

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    or does it?im sorry, im sure this has been beaten to death but I have a CHL and i was asked by a friend of mine who has his CHL if it is legal to open carry a holstered, loaded firearm if you have a CHL in the cities where the law is no open carry ie: salem,portland...etc: i have read 166.370,166.250and 166.173.i have searched this forum, searched at opencarry.org and handgunlaws.com,google,Wikipedia and cannot find a "yes or no" answer. i am PRETTY sure 166.173 section 2c pretty much answers my question but, to me, pretty sure isnt good enough.although my personal preference is to conceal my loaded firearm for the "element of suprise" rather than raise eyebrows and draw attention iwould just like to know it was legal or not to open carry a loaded firearm if you have a CHL. if it is not legal,then, other than the fact that its concealed what is the difference? or is it just "concealed means concealed?"
     
  2. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Yes, as an Oregon CHL holder you are (currently) exempt from ALL local jurisdictional anti-2A ordinances, and only subject to State CHL statutes.

    You can openly carry loaded side-arms, long-guns, and (legally accuired) NFA weapons too.
     
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  3. v0lcom13sn0w

    v0lcom13sn0w Keizer, or Well-Known Member

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    thank you for the quick response! I appreciate the input. any additional input would be much appreciated!
     
  4. solv3nt

    solv3nt Portland Well-Known Member

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    Refer to ORS 166.173 for legal authorization.
     
  5. LaserMan

    LaserMan Eugene, OR Active Member

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    Although I agree with your take on 166.173, and I'm pretty sure Stomper is correct, I would suggest the "additional input" come from your attorney.
     
  6. v0lcom13sn0w

    v0lcom13sn0w Keizer, or Well-Known Member

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    i agree. im sure my attorney could clarify. i will give him a call. my neighbor is the police chief for keizer also. maybe i should ask him.
     
  7. v0lcom13sn0w

    v0lcom13sn0w Keizer, or Well-Known Member

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    in a nutahell,from what I understand, oregon is an open carry state. the state gives cities/counties the power to ban open carry a loaded handgun BUT it does not apply to those who have CHL according to 166.173
     
  8. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Had somebody make the analogy once:

    Just because you have your drivers license doesn't mean you can't ever walk or ride your bicycle...

    Make sense?
     
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  9. solv3nt

    solv3nt Portland Well-Known Member

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    What does walking have to do with guns? ;)
     
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  10. v0lcom13sn0w

    v0lcom13sn0w Keizer, or Well-Known Member

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    everyone can walk or ride a bike but only can drive a car legally with a license. everyone can open carry a loaded firearm except in certain cities unless you have a license... atleast thats my interpretation of his analogy.
     
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  11. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Heh..

    Clarification:

    If you have a license to do something does that mean you can only do what the license allows and you forfeit the lower things that don't require a license...

    Maybe I'm getting too far off now.
     
  12. 40calruler

    40calruler Lake Oswego Well-Known Member

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    So when concealed people can call it "brandishing" if you show even by accident? Maybe it would not hold up with my permit but I have heard this many times. If I just tuck in my shirt and say "here it is world" I am not brandishing? This crap gets too confusing.
     
  13. solv3nt

    solv3nt Portland Well-Known Member

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    The closest I could find is ORS 163.190, which defines "menacing" not brandishing. The problem with the other person knowing that you have a firearm, is that they can lie about you doing something suspicious/aggressive with it. You are in the right, but you may attract unwanted aggression.
     
  14. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    I haven't seen the word "brandishing" in the Oregon laws. Since the restrictions on open carry don't apply to those with a CHL, there is no violation if it shows.
     
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  15. Classic

    Classic Federal Way WA Well-Known Member

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    I never understood the reason for open carry when the person has a concealed license... To me it isn't worth the hassle when someone spots it. There is always some jerk who feels that the carrier is trying to intimidate them so they make a scene and to me it aint worth giving the anti's any more reasons to hate gun owners. I carry concealed - hidden. I may print but most people are clueless to that.
    This my friends is the best reason for a CHL, CPL, CFP...;)
     
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  16. rick benjamin

    rick benjamin USA, Or, Damascus Secure the drama Silver Supporter 2016 Volunteer

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    Open carry, 30 round magazine inserted, bolt closed.
    "is that thing loaded?" "no?" "hand it over!" "please leave my shop, you're scaring the customers"


    Carry concealed
    Nobody knows...
     
  17. v0lcom13sn0w

    v0lcom13sn0w Keizer, or Well-Known Member

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    i only carry concealed. as far as loaded open carry i wasnt debating whether i should or not it's whether i could or not because of the exemptions allowed by a CHL
     
  18. solv3nt

    solv3nt Portland Well-Known Member

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    Yes, your CHL exempts you from open carry laws enacted by local jurisdictions. For the time being, only the state legislature has the authority to regulate the possession of firearms, other than federal law of course.

    166.170 State preemption.
    (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

    (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]


    166.173 Authority of city or county to regulate possession of loaded firearms in public places.
    (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.
    (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
    (a) A law enforcement officer in the performance of official duty.
    (b) A member of the military in the performance of official duty.
    (c) A person licensed to carry a concealed handgun.
    (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.
    (e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3]

    https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors166.html
     
  19. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    How about if it's pink, you kiss your boyfriend, wear a burka, or are a skin color other than white? Wouldn't they be discriminating against you if they asked you to leave?
     
  20. rick benjamin

    rick benjamin USA, Or, Damascus Secure the drama Silver Supporter 2016 Volunteer

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    Dear PP
    If it is pink, nooobody knows. Unless you're a show-off
    If I kiss, nooobody knows. Unless you're a show-off
    Skin color? do you hate me cause I'm black? What about at nite?
    What about my burka?
    What if I were white? would you hate me for that?
    They might ask me to leave, demand I depart, but not for CC

    Because




    Nooobody Knows
     
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