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I plan to do some light climbing during a hunt this month. Normally my iceaxe is carried outside the pack... Would interior carry of the axe violate ORS 166.240?
ORS 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.
http://www.oregonlaws.org/ors/166.240
The law does not mention axes specifically, but apparently "any instrument" can qualify. In fact some guy in 1977 got convicted for carrying nunchaku.
Based on the Finlay and Anfield decisions, I'm assuming a backpack does qualify as carry "upon the person". That's not necessarily common sense but the Court of Appeals seems to think so, at least with respect to ORS 166.250, which uses the same language.
"Upon the person" includes bag and its contents while defendant held bag. State v. Anfield, 313 Or 554, 836 P2d 1337 (1992); State v. Finlay, 179 Or App 599, 42 P3d 326 (2002)
http://scholar.google.com/scholar_case?case=3796380241214474838&hl=en&as_sdt=2&as_vis=1&oi=scholarr
I realize dozens of mountaineers would probably violate this per day, but carrying a gun seems to cause increased scrutiny from LEO and wanted to check on 166.240 compliance as well.
ORS 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.
http://www.oregonlaws.org/ors/166.240
The law does not mention axes specifically, but apparently "any instrument" can qualify. In fact some guy in 1977 got convicted for carrying nunchaku.
Based on the Finlay and Anfield decisions, I'm assuming a backpack does qualify as carry "upon the person". That's not necessarily common sense but the Court of Appeals seems to think so, at least with respect to ORS 166.250, which uses the same language.
"Upon the person" includes bag and its contents while defendant held bag. State v. Anfield, 313 Or 554, 836 P2d 1337 (1992); State v. Finlay, 179 Or App 599, 42 P3d 326 (2002)
http://scholar.google.com/scholar_case?case=3796380241214474838&hl=en&as_sdt=2&as_vis=1&oi=scholarr
I realize dozens of mountaineers would probably violate this per day, but carrying a gun seems to cause increased scrutiny from LEO and wanted to check on 166.240 compliance as well.
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