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how to legally transport

Discussion in 'Legal & Political Archive' started by NewOG, May 13, 2014.

  1. NewOG

    NewOG Portland, Oregon New Member

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    new(ish) guy here, can someone layout the rules for transporting pistols and rifles to and from shooting areas? i was hoping to do some riding and stop off to practice a little, is it possible to carry in a backpack while on a motorcycle?

    thanks
     
  2. SmokinGun

    SmokinGun TIGARD, OR Member

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    I will start it off here. Transport firearms unloaded at all times. Do not have any rounds in the magazine. I transport my rifles and pistols inside my truck in cases (soft or hard). I have been transporting them around for 15 years and never had a problem. I see no reason why you can't pack a pistol in a backpack just be safe with it and make sure it is unloaded. A rifle in a backpack maybe a problem and I probably wouldn't atempt it. Hope this gives you a little direction. Good luck and safe shooting.
     
  3. Kevinkris

    Kevinkris Aloha Well-Known Member

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    without a carry permit you just need to keep it unloaded and have a lock on it. oregon allows unloaded open carry for non permit holders but not all counties allow it.
     
  4. 2Wheels4Ever

    2Wheels4Ever Portland Well-Known Member 2015 Volunteer

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    If you are off road there are different rules for carrying. Get your CHL, and it will save you a lot of headaches.
     
    hker71 and Don H like this.
  5. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    it is possible to transport by motorcycle only if the gun is in a locked container affixed to the motorcycle OR if the gun has a trigger lock or similar locking mechanism installed. See ORS 166.250(4)(c)

    Also, in Multnomah county you cannot have any magazines loaded even if the gun is not with you. http://www.portlandonline.com/auditor/index.cfm?c=28514

    or you can get your CHL...
     
    Don H likes this.
  6. NewOG

    NewOG Portland, Oregon New Member

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    Thanks guys.. i plan getting my CHL soon, any recommends on where to go?
     
  7. SmokinGun

    SmokinGun TIGARD, OR Member

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    Check out willamette vally arms and other local gun shops They usually have classes all the time. I think I have even seen posters at fishermans in tigard for class as well. Hope this helps
     
  8. ocarolan

    ocarolan Portland, Oregon Well-Known Member

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    Unfortunately, ORS 166.250 has no exceptions for an unloaded firearm. If carried on a vehicle, you must meet the 1(b) "not readily accessible" requirement. A backpack or unlocked gun case does not qualify for that.

    Not related, but even a pedestrian carrying an unloaded pistol in a backpack is violating ORS 166.250. Our judges ruled bag carry is "upon the person".

    Furthermore, the locked container exception does not even apply to a pedestrian. So technically the only legal way to carry a gun (without a vehicle) is open carry.
     
  9. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

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    How did Oregon get so many douch-y gun laws? Is it an infection from 'down south'? I had no idea it was that bad.
     
  10. NewOG

    NewOG Portland, Oregon New Member

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    maybe a touch to close to Cali.. at least we don't have a max of 10 round mags and locks
     
  11. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    Not only that butyou cant even carry it if its disasembled, a reciever still counts. Then in Multnomah County your screwed if you dont have a CHL if circumstances find you walking home perhaps if your car breaks down.... heck its technically illegal to walk from the gun store to your car.....
     
  12. Michael Js

    Michael Js Greater Seattle, WA Active Member

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    Wow! Doc In UPlace is so right! It's getting too much like Kommiefornia! geeze...and I'm thinking of moving to WA or OR this fall? Hmmm
     
  13. Ligito

    Ligito Oregon Active Member

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    GET a CHL and carry loaded in your backpack, pocket, whatever.
     
  14. 2Wheels4Ever

    2Wheels4Ever Portland Well-Known Member 2015 Volunteer

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    If you are off-roading you are not allowed to even open carry if you do not have a CHL. No guns on quads or dirtbikes allowed unless you have your CHL. It is pretty crazy here.
     
  15. ocarolan

    ocarolan Portland, Oregon Well-Known Member

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    Not just quads. Any offroad vehicle may qualify under ORS 821.240, due to our broad definitions of "all-terrain vehicle". Specifically, we define class II ATV as "any vehicle capable of cross-country travel... while being operated off a highway".

    http://www.oregonlaws.org/ors/801.193
     
  16. ocarolan

    ocarolan Portland, Oregon Well-Known Member

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    Actually our concealed law has become more relaxed since 1885. The judge for Briney did a great job tracing the history. For example, in 1868 only white males could own guns, and only one revolver.

    "Every white male citizen of this state above the age of sixteen years shall be entitled to have, hold, and keep, for his own use and defense, the following fire-arms, to wit: Either or any one of the following-named guns, and one revolving pistol; a rifle, shot-gun (double or single barrel), yager, or musket."

    It sounds like you're referencing the Goltz and Gortmaker decisions. Those concluded a rifle lacking a bolt was "readily capable of use as a weapon," despite the fact that the defendant did not have the bolt. The second established a disassembled 9mm handgun also qualified.

    Those cases suggest concealing a disassembled gun would be illegal. Of course, how do you openly carry (say) an AR-15 parts kit??

    Fortunately, in 2008 the Briney decision tempered those. That judge indicates the concealed firearm needs to be essentially operational.

    Given what we believe to be the legislative policy underlying the enactment of the concealed weapons statutes in Oregon, we think that, in order for a firearm to be "readily capable of use as a weapon" for the purposes of ORS 166.250(1)(a), the legislature intended that the firearm either be operational or promptly able to be made so at the time that an individual is alleged to be unlawfully carrying it concealed.(7)
     
  17. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

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    Well. Michael,

    We have some of the worst traffic in the nation, I believe Puget Sound is #1 for congestion in the entire united states. So make a move to Washington well advised that this place is a motherbubble-gummer when it comes to aggressive, rude transportation protocols. Portland drivers are MUCH more forgiving and polite than are we in Seattle.

    Weapons-wise, Oregon is full auto and we are not, Oregon is switchblade OK and we are not, but for transporting guns, with a CPL (concealed pistol license) you can drive with a loaded pistol in your car or on your person no problem.

    A rifle must be unloaded in a vehicle but you may have a full magazine in the unlocked case which is out of the immediate reach of the driver.

    We are G2G with suppressors and SBR's and we are a shall-issue CPL state. Oddly enough both of those laws passed by Dems. (!)

    These Washington State transportation laws make a great deal of sense to me, and as a person raised in Klamath Falls (southern Oregon) by ranchers, I am surprised and disappointed to see the nit-picky maize of Oregon gun laws that have apparently grown between the cracks in the sidewalk.

    Bottom line, Washington has a lot of positives but the Metro Seattle area is far from Utopia.
     
    Michael Js likes this.
  18. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    The trick is.... Don't get pulled over.
     
  19. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    Interesting reply and good information, actually I was only referencing my own anecdotal interpretation of the law. The conclusion I came to is that a receiver is considered the actual firearm to the feds so I wasn't certain how the state would handle that. At the time I was thinking of (rare/odd) situations where I might need to disarm and give my firearm to a trusted person (such as my wife) to take home and she doesn't have a permit I would need to be prepared to have locking device especially if we were in Multnomah Co. but it looks like possible I could disassemble the firearm (remove slide) as well.

    rant, it just *&^%es me off that we practically have to be a lawyer just to be legal when these laws make no difference on criminals.
     
  20. mkwerx

    mkwerx Forest Grove, OR Well-Known Member

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    It's not just "unloaded open carry" - except for the communist cities - you can carry loaded, openly, without a permit. Just don't "be caught" carrying in MultCo, Beaverton, Eugene, Ashland, etc without a permit, unless you want to take it to court and challenge the law.