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concealed-open carry on the Columbia river.

Discussion in 'Legal & Political Archive' started by SturgeonSlayer, Feb 12, 2013.

  1. SturgeonSlayer

    SturgeonSlayer St.Helens Active Member

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    Heres a question I have yet to have answered, I spoke with a retired coastguardsman who served at the swan island base and he was even unsure. I fish a lot on the Columbia between Goble and Portland, this is two county's in Oregon and I think two in Washington I have seen all four county sheriffs boats out on the water, I live in Oregon but if im approached by a Washington LEO while on the river and do not have a Washington ccw am I violating any laws since the Columbia is a shared tributary ? I am legal to conceal in Oregon but not WA and I do often open carry.
     
  2. DMax

    DMax Yamhill Well-Known Member

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    The oregon and wa state lines are actually when you break the shoreline on eitherside. I don't know why a CHL would be any different than a fishing lic. You can fish either shoreline from a boat as long as you don't go into any inlets, creeks, rivers ete ete breaking into the other states shoreline I believe you would be legal.
     
  3. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    The actual state line is the middle of the navigable channel for ships. If it was the shoreline then neither state could legally patrol the river itself. Having had a boat and been on the river many times the charts show the middle of the channel as the state line. Even signs on the Interstate bridge show the middle of channel to be the dividing line. Plus, when I worked for the WA DOT we used the middle of the channel as the dividing line for bridge maintenance.
     
    mjbskwim and (deleted member) like this.
  4. swoop

    swoop Milwaukie, Oregon Well-Known Member

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    Not sure about the laws on the waterways, but if you ever intend to drive across the river for any reason, a WA. state CCL would be nice to have. They're only 50 bucks or so, and I was in and out of there in 20 min.
     
  5. DMax

    DMax Yamhill Well-Known Member

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    Based on maps that is true but not in regards to lic. Do you really think they could fight in court about an imaginary line in the middle of the river that is dynamic and changes all the time. Both Or and Wa marine patrol cruse both sides of the river looking for violaters. I have never seen any of them squaring off in the middle of the river facing each other. I have fished many bass tournaments for the last 25yrs on the entire columbia river and its always stated in every tournament you need both lic if you go into the other state past the shoreline if not either lic will do depending on which state the tx is out of.
     
  6. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    IN Oregon you do not need a CHL to carry open or concealed while hunting or fishing or going to and from said activities.



    below are the Oregon Statues that apply:

    (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, 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 or found guilty, except for insanity under ORS 161.295, of a felony;

    (D) Was committed to the Department of Human Services under ORS 426.130; or

    (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.

    (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.

    (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.
    (4) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8]

    (1) ORS 166.250 does not apply to or affect:

    (a) Sheriffs, constables, marshals, police officers, whether active or honorably retired, parole and probation officers or other duly appointed peace officers.

    (b) Any person summoned by any such officer to assist in making arrests or preserving the peace, while said person so summoned is actually engaged in assisting the officer.

    (c) The possession or transportation by any merchant of unloaded firearms as merchandise.

    (d) Active or reserve members of the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the National Guard, when on duty.

    (e) Organizations which are by law authorized to purchase or receive weapons described in ORS 166.250 from the United States, or from this state.

    (f) Duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their organization.

    (g) A corrections officer while transporting or accompanying an individual convicted of or arrested for an offense and confined in a place of incarceration or detention while outside the confines of the place of incarceration or detention.

    (h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

    (2) Except for persons who are otherwise prohibited from possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS 166.250 does not apply to or affect:

    (a) Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 upon such target ranges, or while going to and from such ranges.

    (b) Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.

    ORS 166.260(2,b)

    Concealed carry is legal for

    1. Licensed hunters or fisherman while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition. The magic words are LICENSED hunter or fisherman. >

    This allows you to carry a concealed firearm without a CWP...

    https://www.oregonlaws.org/ors/166.260


    For Washington

    As you asked about WA law...any outdoor recreational activity is exempt from RCW 9.41.050 "Does not apply"

    What you are interested in knowing is RCW 9.41.060(8) it is the specific exemption for outdoor recreational activities. You may carry openly or concealed while engaged in, or going to, or coming from any outdoor recreational activity...this includes ATVs/UTVs. all public land, local, county, and state is open, no restrictions. There are restrictions on fiiring any weapon except in self defence in some high useage areas (mostly near Seattle) so no target practice in those areas, but you may carry. (They do try restrict carry into NF/NP buildings (not restrooms) so don't push that unless you have a lot of money for lawyers. You really should know all of RCW 9.41, but for outdoor recreation 9.41..060(8) is all you really care about.

    THIS IS FOR WA ONLY!
     
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  7. nwdrifter

    nwdrifter troutdale oregon Active Member

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    the line in the middle of the channel is fact. fishing rules work on both sides of the line as they are abiding by a joint state compact, but non fishing laws will depend on what side of the line you are on.

    If sited you have to be charged in the county you were sited in. If an oregon cop gives you a ticket while on the Washington side of the line your case will be thrown out at trial because you will not be in the county court in which the offence occurred.

    Now i'm not saying the cop wont lie on where you were to serve his purpose. But that's the law, and no cops dont always follow the law.
     
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  8. mattg521

    mattg521 portland.,or Member

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    Which County office?
     
  9. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    any county sheriff office in Washington will work for a CPL. Since this is a shall issue state, it just takes time (they have up to 60 days to get it to out of state residents)....

    Wish it was that easy in Oregon for us northerners.
     
  10. duane black

    duane black Washington Well-Known Member

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    Go down to Clark County here in Vancouver. When I first moved to WA , this was one of the first government entities I had contact with. Man they are nice folks. After they took my prints they said " welcome to Washington ".

    God I love this state.

    I filled out the paperwork on the website and was in and out in 15 minutes. Was crazy. I hear they are pretty busy now.

    As OER said, I wish you folks in Oregon made it a little easier. Currently waiting on my appointment in Multnomah, its in April...
     
  11. sailorfej

    sailorfej Scappoose Silver Supporter Silver Supporter 2015 Volunteer

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    Strictly speaking all "navigable waterways" fall under federal jurisdiction, navigable waterways include all interstate lakes, rivers, and their tributaries (I think in the past, courts have also found that navigable also means minimum mean depth greater than 2'). I have no idea how that would apply to state gun laws, presumably they would be applied in the same way they are in National Forest, Parks, and BLM lands. That being said, those all fall under the jurisdiction of the Department of the Interior, where as "navigable waterways" are as much under the jurisdiction of Commerce and Homeland Security, as the Interior. I have feeling that any court cases that arose out of carrying on the river could get real interesting real quick, if an ambitious bureaucrat wanted to make a name for himself.
     
  12. SturgeonSlayer

    SturgeonSlayer St.Helens Active Member

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    Come to a smaller more rural county like Columbia, there average is around a weeks wait time.
     
  13. chariot13

    chariot13 Near Eugene/Springfield Well-Known Member

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    Doesn't matter if oregon or washington law enforcement. Both have provisions in their law to provide protection to any fisherman, hunter & target shooter the right to carry concealed while going to or from & during any of the said activities. Without a concealed weapons permit. Washington even provides this protection to anyone hiking or any other lawful outdoor activity.
     
  14. swoop

    swoop Milwaukie, Oregon Well-Known Member

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    That's where I went ( The court house in Vancouver ) 15 min. in and out...:cool:
     
  15. Swedish K

    Swedish K SW Washington Moderator Staff Member

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    Cowlitz county is pretty quick as well (court house in Longview) - a bit more of a drive but probably not as busy as Clark county
     
  16. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    After Amendment 33 was enacted, Article XXIV, Section 1 said:

    The boundaries of the state of Washington shall be as follows: Beginning at a point in the Pacific ocean one marine league due west of and opposite the middle of the mouth of the north ship channel of the Columbia river thence running easterly to and up the middle channel of said river and where it is divided by islands up the middle of the widest channel thereof to where the forty-sixth parallel of north latitude crosses said river near the mouth of the Walla Walla river; thence east on said forty-sixth parallel of latitude to the middle of the main channel of Shoshone or Snake river, thence follow down the middle of the main channel of Snake river to a point opposite the mouth of the Kooskooskia or Clear Water river, thence due north to the forty-ninth parallel of north latitude, thence west along said forty-ninth parallel of north latitude to the middle of the channel which separates Vancouver's island from the continent, that is to say to a point in longitude 123 degrees, 19 minutes and 15 seconds west, thence following the boundary line between the United States and British possessions through the channel which separates Vancouver's island from the continent to the termination of the boundary line between the United States and British possessions at a point in the Pacific ocean equidistant between Bonnilla point on Vancouver's island and Tatoosh island light house, thence running in a southerly course and parallel with the coast line, keeping one marine league off shore to place of beginning; until such boundaries are modified by appropriate interstate compacts duly approved by the Congress of the United States.
     
  17. sneakboxer

    sneakboxer NW OR Active Member

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    I just got mine in December. 15min in the Longview office and had the permit in two weeks i think. If i were you i'd rock both permits and not worry about the state line.