Firearms Laws and Questions

[TAT2D]

the law says the driver of the vehicle is the one in control of EVERYTHING to do with it.
...
NOW, suppose you are busy deep into a movie with your friends you are visiting, the gals decide to put something great together for grub, they find YOUR car (WITH handgun yet in the car, loaded) is blocking theirs,

So, plugging those two together, it sounds like you'd better not even, on that long drive back from SF,
a) get tired so have wife take a driving shift, then
b) toss your CW into the jockeybox 'cause you can't get comfortable for an hour's sleep with it in the small of your back, and finally
c) fall deeply enough asleep that you can't wake up and collect your wits before the cop gets to the driver's window.

???

MrB

 

[tionico]

Mr. B, except that, with the holder of the Conceal Carry Permit being present in the car, that permit will cover the weapon's presence. It is only if the holder of that permit is NOT present there is a problem....... and that is precisely the point of my post.
But, I've expressed my concerns to the OP...... and that is all I can do.

 

[waldoz]

I am a Wa. Res what can I buy from Or? Most of the guns I see for sale are in Or. Can I also purchase anything from an FFL dealer? I have heard a few things and want to make sure I get things right. I have not bought anything yet and would like to make my first purchase with in the law.

Thanks for the info.

 

[jordanka16]

You can buy any gun you want from an Oregon resident, you just need to go through an FFL. If you come to an Oregon FFL you can buy a rifle, but not a handgun. Although I believe the Oregon FFL can ship the handgun to a Washington FFL and you can pick it up from there, someone correct me if I'm wrong.

 

[Trlsmn]

That is all correct.

 

[Quick Draw]

I know that Utah permits require a face to face at Utah Bureau of Criminal Identification.

<broken link removed>

A Utah permit can be obtained by mailing in the required information. You are not required to go in person. Unless they have recently changed it since I received mine. It's cheaper than Forida too.

 

[phathom]

I just got my first hand gun and live in Oregon. I don't live in Portland which has a no loaded magazine statue on the books for non permit holders.

I'm interested in open carrying until I get my permit mailed to me. I understand that as long as I'm not in the city of Portland here I can open carry, loaded and all.

My question is are you able to open carry in a motor vehicle, since I do drive everywhere, if so, how? Isn't it concealed (by the vehicle) as soon as you get in the car with it, even if it's on your hip in an open belt holster? Or is it just a privilege you have, to carry it in the car, when you have your CWP and not without one?

 

[pokerace]

sooner or later somebody is going to take portland to task for that
no loaded magazine statue The state of Oregon is the only one who can do gun law.Look at what happen to ODFW when they said no guns when bow hunting.

 

[ahuston]

this might be a stupid question, but, in oregon is it legal for me to buy a handgun in a private transaction from someone who bought the gun brand new from an FFL just days ago? and if i was to decide to purchase this gun, what are the steps to a private transaction?

 

[krawl]

this might be a stupid question, but, in oregon is it legal for me to buy a handgun in a private transaction from someone who bought the gun brand new from an FFL just days ago? and if i was to decide to purchase this gun, what are the steps to a private transaction?

Verify they're legal to own/sell gun, though there's no required steps to verifying. Yes it's legal, most likely. Read up on straw purchase just as a CYA.

 

[Kimber Custom]

I just got my first hand gun and live in Oregon. I don't live in Portland which has a no loaded magazine statue on the books for non permit holders.

I'm interested in open carrying until I get my permit mailed to me. I understand that as long as I'm not in the city of Portland here I can open carry, loaded and all.

My question is are you able to open carry in a motor vehicle, since I do drive everywhere, if so, how? Isn't it concealed (by the vehicle) as soon as you get in the car with it, even if it's on your hip in an open belt holster? Or is it just a privilege you have, to carry it in the car, when you have your CWP and not without one?

Yes, you are legal in the car as long as you are not within the city limits of a city that has a statute with regard to loaded magazines.

There are different laws within city limits that restrict loaded magazines. In that case I would suggest a speed loaded on one side and a revolver on the other since the ordinance specifically references magazines.

166.240 Carrying of concealed weapons. (1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.

(2) Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005, whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of this section. [Amended by 1977 c.454 §1; 1985 c.543 §2; 1989 c.839 §21; 1999 c.1040 §15]



166.245 [1989 c.839 §38; repealed by 1995 s.s. c.1 §7]



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, 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.

(3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

(4)(a) Except as provided in paragraph (b) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.

(b) If a vehicle has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:

(A) The handgun is stored in a closed and locked glove compartment, center console or other container; and

(B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.

(5) 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; 2009 c.499 §1; 2009 c.595 §112]

https://www.oregonlegislature.gov/bills_laws/ors/ors166.html

 

[phathom]

Thanks for the input, already got my CHL now, so it's not a big issue, but I'm sure other people will find it useful. Good train of thought on the revolver + speed loader.

Also I read into as well and found out in a car you can open carry without a permit if it's in plain sight and not concealed, such as on the seat, or in a LOCKED glovebox because it reads
"(b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle"

Concealed AND readily accessible. It's not concealed if it's on the seat, but it is readily accessible. If it's in a locked glovebox, it is concealed, but not readily accessible as you have to stop the car, turn it off, unlock the glovebox and then retrieve it.

 

[Kimber Custom]

If you read a little further down they do specifically define readily accessible.

You can only use the glove box if you have a hatch back or pickup.

But keep in mind this only qualifies as concealed. You can keep a loaded gun on the seat next to you, the cup holder, in a holster on your hip etc etc etc aka Open Carry. The sticky part is when you start entering city limits that have overriding laws.

Bottom line is get the CCL and make it easy

(4)(a) Except as provided in paragraph (b) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.

(b) If a vehicle has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:

(A) The handgun is stored in a closed and locked glove compartment, center console or other container; and

(B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.

 

[phathom]

If you read a little further down they do specifically define readily accessible.

You can only use the glove box if you have a hatch back or pickup.

But keep in mind this only qualifies as concealed. You can keep a loaded gun on the seat next to you, the cup holder, in a holster on your hip etc etc etc aka Open Carry. The sticky part is when you start entering city limits that have overriding laws.

Bottom line is get the CCL and make it easy

(4)(a) Except as provided in paragraph (b) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.

(b) If a vehicle has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:

(A) The handgun is stored in a closed and locked glove compartment, center console or other container; and

(B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.

So very true. Thanks for the good info.

 

[fastliferider]

So if a person who lives in Camas wants to buy a pistol at Keith's in Gresham, he can't by law?

 

[jordanka16]

So if a person who lives in Camas wants to buy a pistol at Keith's in Gresham, he can't by law?

Correct, you would need to have the pistol shipped to an FFL in Washington. I tend to think it would be easier to just find a pistol that's already in your state.

 

[fastliferider]

Does this law make any sense to anybody?

So the Washington authorities would do what if they found you out 'plinking' with a gun bought in Oregon?

 

[jordanka16]

Does this law make any sense to anybody?

So the Washington authorities would do what if they found you out 'plinking' with a gun bought in Oregon?

Nope, makes no sense to me.

When you went to buy the gun they would see you were from a different state, and you wouldn't be allowed to purchase it. You can still buy guns from private citizens in a different state though, you just need to do the transaction through an FFL.

 

[tionico]

So if a person who lives in Camas wants to buy a pistol at Keith's in Gresham, he can't by law?

it ain't right, but it's so. Yes, Uncle Stupid hath so declared. Thanks, Brady Brats.

However, I happen to know that Keith's have a good close relationship with some FFL Dealer on the north side the River, and can, for either free or a very small fee, deliver the gun to them for transfer. If you BUY it in Oregon, no sales tax is due. But, you can't take possession of it without it being transferred into your possession by a WASHINGTON FFL dealer. He should NOT charge sales tax, as he never sold you the gun. He should only charge you his fee for the service of the transfer..... and that is a professional service, thus not taxable. (so say the Department of Revenue here in Washington).

Same with buying a handgun from a private party. You can arrange the deal, to look at it, pay for it... but not take delivery. Have HIM drive it across the river to a FFL on the Vancouver side.... having arranged for this service beforehand.

Long guns, any Washington resident can buy in Oregon from a FFL Dealer. But NOT from a private party.


all together now;;;;

THIS IS RIDICULOUS. Not only that, it does not deter crime in the slightest.

 

[tionico]

Does this law make any sense to anybody?

So the Washington authorities would do what if they found you out 'plinking' with a gun bought in Oregon?

well, that's not likely, actually. As Jordan said (post just above) the discovery is likely to be made at the time of purchase. Any FFL Dealer will have to see your government issued photo ID, and proof of residence, to do HIS dog and pony show. As soon as he sees you're in Washington, he'll inform you "we're done". You see, all that info is required to do the FBI background check required for the purchase. His license is on the line, and he WILL uphold the law. He wants to eat next week, and not from a tinplate shoved under the bars.

Face to face purchases between private parties not at gunshows are sill legal in Oregon.... so you could, in theory, purchase something there by simply showing up, paying the money and walking away with the gun... but this is VERY unwise. FBI and BATF have been running stings, passing as private sellers. Mainly looking for illegal interstate transfers, sales to individuals that plausibly could be felons, and straw buying. Even if its not a sting, the risk for the pair of you is pretty high..... and the consequences are far worse than you would think them to be. Not worth it. Put all the cards on the table, face up, and ask if he's willing to take a ride across the river with you. You can even take him in your car, but HE has to retain ownership until you reach the transfer dealer.

The only legal alternative is to have him ship it to your local dealer.... but be warned... it is illegal to mail a handgun by US Mail..... though FFL dealers may do this (duhhhh, Ah muss be missin sumpin, Ah jis doan GETS it....) UPS and FedEx will ship for private owners, but ONLY overnight air. Again, I don't get this one, either... they have guns stolen in shipment this way, their excuse is that via ground service they are likely to get stolen.... I think its just for more revenue.