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If I was homeless, could I conceil carry legally in my vehicle?

Discussion in 'General Firearm Discussion' started by Bubba Zanetti, Feb 12, 2013.

  1. Bubba Zanetti

    Bubba Zanetti Brownsville, OR New Member

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    I may loose my job due to budget cuts. Since I have taken this job, my wife kicked me out of the house. I can barely get by financially as it is.

    If I loose my job, I will go on unemployment which means I will be living on about $500 a month, since the rest will go to the wife and kids just to keep them housed.

    I will live out of my truck.

    Can I keep a Glock loaded in the back of the truck while I sleep in it?

    What about the front cab? If I was sitting there, no keys in the ignition, could I keep a gun or whould I have to display it (not conceiled) to stay legal?

    If I get a permit to carry, can I have a permit if I don't have an actual address?
     
  2. misplacedtexan

    misplacedtexan Beaverton, OR Active Member

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    As for the permit part I don't know...

    But Oregon courts have deemed that your vehicle is NOT to be considered private property (weird right?). As such, open carry in municipalities that ban it is illegal, and concealed carry is illegal without a license, even inside your vehicle.

    I'll dig around a bit and try and find the statute again.
     
  3. misplacedtexan

    misplacedtexan Beaverton, OR Active Member

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    and that was quick...

    Case is Bryan Ward VS State of Oregon

    The Court concludes “When read together, ORS 166.173 and 161.015(1) clearly allow local governments to regulate the possession of loaded firearms on their streets and highways.” (your car)

    Link to court documents: Oregon Judicial Department Appellate Court Opinions

    Further from the court: "By necessary implication, nothing in ORS 166.173 or ORS 161.015(10) supports defendant's contention that a loaded firearm, when carried in a public place, is outside the scope of local regulation merely because it is kept in a place to which the general public lacks access. Consequently, we have no difficulty concluding that, when the legislature enacted ORS 166.173, it intended to allow local governments to regulate the possession of loaded firearms on their streets and highways, even if such a firearm is kept in a place to which the general public has no access."
     
  4. Sgt Nambu

    Sgt Nambu Oregon Bronze Supporter Bronze Supporter

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    Bubba, real sorry to hear about your situation! Not sure about your question, could you use your address? You are still paying the bill.

    I highly recommend this book: How To Live Homeless Not Helpless by Bill Cady
    The Survival And Recovery Guide

    I read the book because it was darned interesting. Mr Cady was homeless for some time and managed to pull himself back to solvency and into a home. It is very well written and he covers things like how to keep and use and park your car, dealing with the cops, grooming (helps with the cops, etc), ways to have an address, dealing with despair and getting back on your feet! A ton of other advice too. I was so impressed that I have kept the book, because, sH.. happens with stunning regularity! I got it as an E-book off of iTunes. Best of luck to you, hang in! SRG
     
  5. DireWolf

    DireWolf Oregon Active Member

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    That doesn't state that your vehicle is not private property, only that they can regulate firearms on the streets and highways, which your car is on.
     
  6. Burt Gummer

    Burt Gummer Portland Completely Out of Ammo

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    Love/marriage. When you really want the little doll's support, well, you don't get it. Many hubbies would see just how much they are loved if they stopped earning Benjamins.

    I wish you the best and you are better off w/o the nag. Whatever you do, when you get back on your feet, don't let that back into your life.
     
    bcdon, Redcap, mhasson30 and 5 others like this.
  7. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    If you have a canopy on it and a stove and portapoty I think you can say its an RV and an RV can be considered a home. Not for address purposes. But you might look into that.
     
  8. DireWolf

    DireWolf Oregon Active Member

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    Does not need a porta, I don't think, but it would need to be registered (inspected for a conversion) as an RV.
     
  9. 4Freedom

    4Freedom Boise, Idaho Well-Known Member

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    Sad story.. Makes me glad I never got married.. Most marriages these days seem to last as long as the paycheck keeps coming in.
     
  10. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    Here's the text from one of the FAQ's on the OFF website:

    I recently just purchased my first handgun and despite my research on state,county, and local gun laws I couldn’t find or understand what is acceptable means of carry in my car. I don’t have my CHL (yet) so what are the correct and legal methods of carrying whilst driving?
    Loaded/unloaded, concealed/plain sight?

    OREGON has no STATE law against carrying a loaded handgun in your car as long as it is :
    a) Not concealed or
    b) “Not readily accessible.”<

    “Not readily accessible” (for now) means:

    (4)(a) Except as provided in paragraph (b) 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 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.

    However, localities are allowed to regulate loaded firearms in “public places” which now includes your car. This only applies to people without CHL’s.
    So you need to check local regulations. In Portland, for example, you may not have a loaded gun anywhere in your car and you may not even have loaded magazines separate from the handgun. It must still, however, be either visible or “not readily accessible.”


    Here's the link to the website: FAQ's. A Gun Owner's Guide In The Beaver State. - Oregon Firearms Federation

    Hope that helps.
     
  11. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Bud, sounds like you have much bigger problems than worrying about chickenbubblegum legalities concerning the ability to defend yourself while living in your truck.
     
  12. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    This has been discussed and cussed on several RV sites that I frequent. The concensus is that it must be parked and hooked to water and electricity at least, before it's considered to be a "home"

    I've been wathching this very thing for years since I started RV'ing in 1957, and now have a 41' motorhome.
     
  13. Nelson555

    Nelson555 Marion Co. Member

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    In Oregon your vehicle is considered a container and you must have a chl. rifle or shotgun is fine. now on the flip side a tent is considered a dwelling and you do not need a chl. however rv is considered a vehicle and not a dwelling. that's my understanding as i was taught this weekend.
     
  14. justinsyndicate

    justinsyndicate Jantzen Beach New Member

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    They won't issue a CHL without an address of residence. If you were to get a CHL issued to your last residence and it was discovered that you no longer lived there, it would become null and void. You'd be subject to prosecution (given you were caught carrying), since the CHL is 'prima facie' evidence and if a single digit is incorrect, legally it does not exist. My take on it, anyway.
     
  15. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Justincyndicate is not a lawyer, does not play one on TV and did not stay at a Holiday Inn Express last night.
     
  16. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    An RV becomes a house when parked and hooked to utilities.