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guns and cyclists...whats the legalities?

Discussion in 'Legal & Political Archive' started by CamoDeafie, Nov 28, 2012.

  1. CamoDeafie

    CamoDeafie Albany Well-Known Member

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    ok I've searched ORS 166 and been thorough..and searched DMV regulations...

    the crux of the matter is this...

    DMV considers bicycles to be vehicles if it is on roadways and the cyclist follows the road laws; ALSO, the cyclists have right of way if no bike lane or path is present on roads (an exception is the Interstate; no cyclists or pedestrians)...

    ORS 166 states firearms may be in open view if unloaded, in a vehicle..... also; a handgun on a belt holster on the hip/waist is considered open carry....

    now...what about rifles/shotguns on a bicycle? I see it is ok to have it for the purpose of going to ranges or for hunting, but what if I need to take a shotgun or a rifle to a shop, and i have only a bicycle? no secondary stops obviously between shop and home....

    consider that most bike bags are not big enough for the firearms I have (SKS and Shotgun); I've been looking at welding up an extended frame cargo bicycle and putting on a secure way of putting gun cases...but I wonder about openly carrying a long firearm without it on my person? say those ATV handlebar racks?

    I know I should be more than OK with a handgun on my belt in some areas; and if I have a CHL, I will be ok for everywhere but public buildings and such.... (planning to get a CHL anyhow) ... I also see in the statutes that carrying on motorcycle is prohibited unless the gun is in a locked case not easily accessible to rider....
     
  2. kd7vdb

    kd7vdb United States Member

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    Well to start off there is no laws pertaining to how you carry a long gun. It can be loaded, upside down, and pink doesn't matter. The exceptions of course are city laws (PDX, newport, salem) and giving that you are talking about riding a bike I will assume you live in pdx.
     
  3. iamme

    iamme Lane County Well-Known Member

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    This is all true except for the pink part. OR has a law on books that pink may not make up more than 80% of a guns finish...:laugh:
     
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  4. Vantage

    Vantage Pacific Standard Time Active Member

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    What he said...

    Yes, the STATE law is that you can legally open carry. But man city ordinances do not allow it... Salem and Beaverton to name to two that I know off the top of my head.

    I'd check your city laws.

    And in the mean time.. if you need to transport a long gun, then put it in a guitar soft car that has backpack straps. They sell for about $35.00
     
  5. solv3nt

    solv3nt Portland Well-Known Member

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    Get your Oregon CHL, with that OR166-173, city law doesn't pertain to you for open carrying a loaded gun :) However, you'll still get harassed and possibly cited by Portland PD.
     
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  6. Grunwald

    Grunwald Out of that nut job colony of Seattle, WA Well-Known Member

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    I think there is a law prohibiting men from carying firearms while wearing spandex. LOL
     
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  7. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    I think the city ordinances could be disputed by the right to travel clause. If passing through the city while on your bike I would like to think we still have the right to travel uninhibited by frivolous city ordinances. I'm sure you could win the case if you took it to court.
     
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  8. CamoDeafie

    CamoDeafie Albany Well-Known Member

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    hahahahahha; I live in ALBANY not Portland..... just because a person doesn't have a car but a bicycle does not mean he/she is a Portlander...... its a pity there isn't a nice network of bike/ped paths connecting cities and towns off highways....
     
  9. DeanfromOregon

    DeanfromOregon Wilsonville Amateur Ascended Master Platinum Supporter

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    On a related subject, when a bicyclist is in the commission of a crime (saaaaay failure to obey a traffic control device), is it legal to shoot them?
     
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  10. CamoDeafie

    CamoDeafie Albany Well-Known Member

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    I highly doubt it. if so; then we'd be hearing about people shooting tires and such for those who run red lights, or failed to obey a traffic control device, or drove recklessly.....
     
  11. DeanfromOregon

    DeanfromOregon Wilsonville Amateur Ascended Master Platinum Supporter

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    How about open carry?

    a01d913f_MtBike.jpe
     
  12. CamoDeafie

    CamoDeafie Albany Well-Known Member

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    Like i said in OP; that is the main option I can see.... other than trying to rig up a system where I can put hard cases on the bike frame and not have it interfere with pedals or heels (hence the long frame design in my mind using $20 bike frames)

    SO. it seems if it is not specifically prohibited in the ORS; it is FULLY legal to open carry on a bicycle, whether it be on my person, or within reach.... of course, there must be an application of common sense, such as not leaving it outside where just about anyone could snatch it (and the reason for a lockable hard case lol). And it does seem that the ATV handlebar racks as shown on the bike above, would be the way to go...in the interim, of course, my father has told me that there seems to be so many ignorant people in towns where its allowed, that the police have to deal with the phone calls about a "man with a gun" even if its holstered...
     
  13. mattg521

    mattg521 portland.,or Member

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    That didn't take very long. Less than ten posts.
     
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  14. CamoDeafie

    CamoDeafie Albany Well-Known Member

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    a few years ago there was an agreement that police have the right to ticket cyclists for not obeying traffic laws in one of the Senate/Legislative sessions.. and with an increase of cyclist police officers in different towns; I am seeing a few more that have smaller handguns or better holsters more fitting to their roles....though they;re wearing the spandex and jerseys...which is confusing to say the least lol. I mean....it looks like they are part of some sort of police cycling team, what with all the fancy jerseys and spandex and high end road bicycles...even if they got belt kits and small kits on them for misc things....

    at least from what I've seen of Salem and surrounding areas' police..... the worst part is where it is prohibited to cycle on sidewalks, BUT there's parked cars on streets....>.< I really am hoping for some sort of infrastructure change eventually but there's no money to be had in the State budget for that....

    anyhow. I am looking to possibly build up a bicycle in the vein of the Swiss Army bicycle, or similar enough to it that I can mount my long guns two ways, either by the cross bar rack like the one above, or in a sort of scabbards attached to the fork sides ahead of the handlebars....I think I have a way of mounting the scabbards if I can figure out where the brake cables should be routed for the cable pull types (cantilevers)
     
  15. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    What ORS 166 are you reading? ORS 166.250(3) says a pistol carried openly in a holster on your hip. ORS 166.250 (restrictions on carry) does not apply.
     
  16. CamoDeafie

    CamoDeafie Albany Well-Known Member

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    right that is the same ORS I read; see where I said handgun on belt is OK; but here is the little thing, what about other types, like a shotgun and rifle? if I read it right, anything not specifically prohibited in there is OK...although I am curious, what abt openly carried pistol on a chest rig or a shoulder rig? is that considered concealed if its in open view?
    reason I;m asking....a shoulder rig might be more comfortable for me as a cyclist than a belt holster...
     
  17. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    I would not worry about a shoulder rig v a hip holster...as long as the weapon is easily visible it should not pose a problem. Personally, I like a good leather OWB hip holster...and even though I have a CPL, that is what I wear. The big "problem" if you will, is that as the gun I normally carry these days is black, the holster is black, and my pants are usually black Carhartts...It si pretty much invisable unless you are looking for it. I think ORS 166.250(3) was written for people like me.

    Normal shotguns and rifles are not a concealable weapons and are not covered by ORS 166. Any restrictions to carry will be in your F&W laws (don't know the section for OR, sorry) but you can reasonably assume if it is unloaded, it is OK.

    In WA! it is illegal to have a loaded long gun "In or on a Vehicle"...unless you have a disabled hunters license. It's a F&W anti-poaching regulation. It has absolutely nothing to do with handguns carried for self-defense.

    I do know that OR law is different, but I do not know what the actual law says. Even though I have lived in OR and know their handgun law well, I have not hunted in OR, and do not know their F&W regs.

    CZ cropped.jpg
     
  18. fd15k

    fd15k Tigard,OR Well-Known Member

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    Under federal or state law ?
     
  19. fd15k

    fd15k Tigard,OR Well-Known Member

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    Yes, if your tags are current, you can have up to 2 dead hookers in your trunk.
     
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  20. the4thshake

    the4thshake Portland Active Member

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    Where in the ORS does it state that cyclists have the right of way if there is no bike path?:huh:

    I see where they have the right of way on a bike lane and sidewalk but not the road.