Handgun in case in main car compartment, legal?

[RifleEnthusiast]

I've been reading OR's laws as far as having a handgun with you in the car's main compartment, and if I understand correctly, you can have it with you in the main compartment (as opposed to ORS 166.250) if you are commuting back and forth from the range according to:

166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect:

(a) Sheriffs, constables, marshals, parole and probation officers, police officers, whether active or honorably retired, 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) It is an affirmative defense to a charge of violating ORS 166.250 (1)(c)(C) that the person has been granted relief from the disability under ORS 166.274.

(3) 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.

(4) The exceptions listed in subsection (1)(b) to (h) of this section constitute affirmative defenses to a charge of violating ORS 166.250. [Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1; 1995 c.670 §2; 1999 c.1040 §3; 2009 c.316 §2; 2009 c.499 §4]

Can someone confirm this? What about transporting the handgun elsewhere, e.g. taking it to show it to a friend at his house ? Is it legal to have it in a gun case in the main compartment or does that fall under the "concealed" and readily accessible as per 166.250?

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[Mark W.]

You just can't have it loaded.

 

[RifleEnthusiast]

You just can't have it loaded.

Yeah, sure, I was just thinking instead of having the case slide around in the trunk. So is there an exception somewhere in the law for transportation, that prevents it from becoming illegal possession as per 166.250?

 

[hman40cal]

Yeah, sure, I was just thinking instead of having the case slide around in the trunk. So is there an exception somewhere in the law for transportation, that prevents it from becoming illegal possession as per 166.250?

A CHL

 

[RifleEnthusiast]

A CHL

ahhhhh, sorry, I forgot to mention, if I don't have a CHL

 

[hman40cal]

I believe if its visible and unloaded it's legal but I would recommend just getting your chl its easier that way

 

[fd15k]

You just can't have it loaded.

166.250 prohibits concealment, not loading. Sure it has an exemption for unloaded transportation, but that's not what 166.260 is about.

 

[fd15k]

Yeah, sure, I was just thinking instead of having the case slide around in the trunk. So is there an exception somewhere in the law for transportation, that prevents it from becoming illegal possession as per 166.250?

The way 166.260 is written, is that any of its paragraphs that is applicable to you will exempt you from entirre 166.250. The only difficulty with shooting range exemption is proving it.

 

[RifleEnthusiast]

My goal really, is to have it in a gun case, with mags loaded (to save loading time) and in the case but not inserted in the gun, in a glove box going back and forth from the range. I'm just afraid that I may get stopped for speeding to find that I have an illegal gun possession issue!
Also, the general transportation issue, from point A to point B, but it seems that really the safest is to either have a CHL or have it in the trunk with maybe a bungee cord or something.

 

[fd15k]

I believe if its visible and unloaded it's legal but I would recommend just getting your chl its easier that way

166.250 prohibits readily accessible concealed firearms in the vehicles. It doesn't care whether it is loaded. Either it should be visible, or inaccessible. Now readily accessible is kind of tricky. Under FOPA, it has to be locked and out of reach. In California, it has to be in a locked container, even if it is a soft zippered one with a padlock, under your seat. In Oregon.... I haven't seen any opinions.

 

[RifleEnthusiast]

166.250 prohibits readily accessible concealed firearms in the vehicles. It doesn't care whether it is loaded. Either it should be visible, or inaccessible. Now readily accessible is kind of tricky. Under FOPA, it has to be locked and out of reach. In California, it has to be in a locked container, even if it is a soft zippered one with a padlock, under your seat. In Oregon.... I haven't seen any opinions.

That's kind of what I thought (re: loaded or not), a concealed (in a case makes it concealed I guess...) handgun in the main compartment of a vehicle that has a trunk without a CHL seems like a violation of 166.250 no matter what (not taking into account the range exception in 166.260)

from 166.250

(4)(a) Except as provided in paragraphs (b) and (c) 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, other than a vehicle described in paragraph (c) of this subsection, 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.

(c) If the vehicle is a motorcycle, an all-terrain vehicle or a snowmobile, a handgun is not readily accessible within the meaning of this section if:

(A) The handgun is in a locked container within or affixed to the vehicle; or

(B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm.

(5) Unlawful possession of a firearm is a Class A misdemeanor.

 

[fd15k]

That's kind of what I thought (re: loaded or not), a concealed (in a case makes it concealed I guess...) handgun in the main compartment of a vehicle that has a trunk without a CHL seems like a violation of 166.250 no matter what (not taking into account the range exception in 166.260)

You are right, I forgot about that one. But it only applies if the firearm is concealed. If it is in an exposed holster on your belt, or handgun is lying openly on the passenger seat, then accessibility is not an issue.

 

[RifleEnthusiast]

You are right, I forgot about that one. But it only applies if the firearm is concealed. If it is in an exposed holster on your belt, or handgun is lying openly on the passenger seat, then accessibility is not an issue.

That seems like another option...thanks

 

[RoneKiln]

The reference to putting it in a glove box makes it sound like you're primarily concerned about transporting a handgun. A nanovault is only $26 on Amazon. I have two and like them (one in car, one in house for when Godson visits). Pick one up, lock it up under the seat, and you're good to go. Bonus is if for some reason you need to run a quick errand and leave the gun in the car, there's one more layer of security to slow down or dissuade a smash and grab perpatrator from getting your gun. It also is nice if you ever have a little one come visit (assuming you don't have a larger safe already) or go visit where there is a little one.

I've had LEO's in both Oregon and Washington thank me for having one in my car.

 

[Mark W.]

or don't speed

 

[RifleEnthusiast]

The reference to putting it in a glove box makes it sound like you're primarily concerned about transporting a handgun. A nanovault is only $26 on Amazon. I have two and like them (one in car, one in house for when Godson visits). Pick one up, lock it up under the seat, and you're good to go. Bonus is if for some reason you need to run a quick errand and leave the gun in the car, there's one more layer of security to slow down or dissuade a smash and grab perpatrator from getting your gun. It also is nice if you ever have a little one come visit (assuming you don't have a larger safe already) or go visit where there is a little one.

I've had LEO's in both Oregon and Washington thank me for having one in my car.

That does seem like a good affordable idea, still need that CHL to have it though

 

[bigboy67]

CHL in Oregon is so cheap and easy that it is silly to not get one. 50 dollar class and a few hours of your life, 50 dollar application, another half hour to meet with the police, give fingerprints and take a pic, and then you get to avoid all this BS.....

 

[hermannr]

If the weapon is not concealed (it is in a holster on your hip ORS 166.250(3)) you should have no problem, even if you do not have a CHL. While it is easier in WA (no training requirement), either state is a piece of cake for a CPL/CHL when compaired to so other states. In the meantime, study ORS 166.260 carefully...there are execptions to .250

I have a philosophical adversion to requesting permission from the King, but after over 25 years of unlicensed OC, I now have my CPL too. I don't like to have to wait for my new toys.