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Handgun in case in main car compartment, legal?

Discussion in 'Legal & Political Archive' started by RifleEnthusiast, Nov 30, 2012.

  1. RifleEnthusiast

    RifleEnthusiast Close to Oregon City Active Member

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    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:

    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?
     
  2. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    You just can't have it loaded.
     
  3. RifleEnthusiast

    RifleEnthusiast Close to Oregon City Active Member

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    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?
     
  4. hman40cal

    hman40cal Dallas OR Member

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    A CHL
     
  5. RifleEnthusiast

    RifleEnthusiast Close to Oregon City Active Member

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    ahhhhh, sorry, I forgot to mention, if I don't have a CHL :)
     
  6. hman40cal

    hman40cal Dallas OR Member

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    I believe if its visible and unloaded it's legal but I would recommend just getting your chl its easier that way
     
  7. fd15k

    fd15k Tigard,OR Well-Known Member

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    166.250 prohibits concealment, not loading. Sure it has an exemption for unloaded transportation, but that's not what 166.260 is about.
     
    Toxic6 and (deleted member) like this.
  8. fd15k

    fd15k Tigard,OR Well-Known Member

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    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.
     
  9. RifleEnthusiast

    RifleEnthusiast Close to Oregon City Active Member

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    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.
     
  10. fd15k

    fd15k Tigard,OR Well-Known Member

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    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.
     
  11. RifleEnthusiast

    RifleEnthusiast Close to Oregon City Active Member

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    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)

     
  12. fd15k

    fd15k Tigard,OR Well-Known Member

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    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.
     
  13. RifleEnthusiast

    RifleEnthusiast Close to Oregon City Active Member

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    That seems like another option...thanks :)
     
  14. RoneKiln

    RoneKiln Western Washington Active Member

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    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.
     
  15. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    or don't speed
     
  16. RifleEnthusiast

    RifleEnthusiast Close to Oregon City Active Member

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    That does seem like a good affordable idea, still need that CHL to have it though :)
     
  17. bigboy67

    bigboy67 Milwaukie Active Member

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    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.....
     
  18. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    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.