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If I'm a WA resident can I open carry in WA and OR?

Discussion in 'Legal & Political Archive' started by Tomoizle, Oct 23, 2011.

  1. Tomoizle

    Tomoizle Vancouver, Washington, United States Active Member

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    Hi, I am soon getting my conceal permit but wondering is it legal to open carry a hand gun loaded or not loaded in Washington and Oregon without a conceal permit? Any specific places like parks or school that would make it not legal?
     
  2. Tomoizle

    Tomoizle Vancouver, Washington, United States Active Member

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    Also my friend said that without a Oregon conceal permit I'm not allowed to carry any gun from Washington to Oregon at all.. Is this true?
     
  3. doubletap007

    doubletap007 Beaverton Active Member

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    yes it's true.i live in oregon and have an oregon chl but work in washington from time to time refinishing hardwood floors and had to get a washington chl because their are certain laws that vary from state to state that they want you to be aware of therefore you have to get approved for both however i didnt have to take a washington class or anything,if you hold a oregon permit thats good enough,probably has a little to do with how the states like to charge people fees too???
    i have heard that oregon is not always quite as friendly about giving washington residents an oregon license though.
    multnomah county is not as likely for you as washington county would be just as i got sent to clark county to get my washington chl
    as for the open carry question???? my chl trainer told me you can open carry in certain areas but be prepared to be tackeled by 5 cops a day doing so,tigard,beaverton,portland all will not allow open carry unless you have a chl in which case why open carry?
    but if one person says he was brandishing his gun youre finished!it is too tough to not break a law walking into the wrong district that banned open carry,also some parks and public places have banned open carry.do you know all of them?me either!
    thats why in such a liberal toilet as portland your better to just carry concealed with a chl and not test your rights with open carry.
    hope this helps ya!
     
  4. Tomoizle

    Tomoizle Vancouver, Washington, United States Active Member

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    That was Very Helpful! My last question (hopefully) would be is Washington open carry friendly? If so any special law about Vancouver or clark county?
     
  5. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    To your second question the answer is your friend is wrong. You are legally allowed to have your firearms in any state they are legal in. Tell your friend to show you the actual law he is talking about.......

    To the first question. In WA anyone that is not a felon is able to legally carry open. WA has a preemption law so basically ALL of WA has to follow state laws and can not make them tougher. Since you are a WA gun owner you need to read and know these, Chapter 9.41 RCW: Firearms and dangerous weapons

    In OR things are a little trickier. In most of OR open carry is legal for anyone who is not a Felon. You can not CCW without a OR permit and OR ONLY allows their permits. Unlike WA OR does not have a preemption law so different place can have different laws. You will have to check with a OR resident that has the links to the areas for no open carry. Basically it is the metro area in the NW part of the state.
     
  6. doubletap007

    doubletap007 Beaverton Active Member

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    that i dont know,the laws change so frequently i cant keep up with them but im sure as oregon does some parks banned open carry in washington.i think that liberal slob patty murray managed to ban open carry in wash.parks about a year ago if my memory serves me correct???
    again my feeling is i love my second amendment rights and feel everyone over 21 should be "required" to open carry to make society safer like switzerland and open carry is our rights as americans but we are surrounded by liberal gun haters and it scares people so why not just carry concealed with a chl and save yourself alot of problems?open carry is just to sketchy from place to place to risk breaking a law and losing your rights....i carry concealed into my daughter's schools and nobody even knows i have it and its legal to do so
    with my chl so just get a chl and be safe.
     
  7. doubletap007

    doubletap007 Beaverton Active Member

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    166.250 Unlawful possession of firearms. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:

    (a) Carries any firearm concealed upon the person;

    (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or

    (c) Possesses a firearm and:

    (A) Is under 18 years of age;

    (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

    (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;

    (C) Has been convicted of a felony;

    (D) Was committed to the Oregon Health Authority under ORS 426.130;

    (E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or

    (F) Has been found guilty except for insanity under ORS 161.295 of a felony.

    (2) This section does not prohibit:

    (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

    (A) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or

    (B) Temporarily for hunting, target practice or any other lawful purpose; or

    (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

    (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

    (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.

    (5) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8; 2009 c.499 §1; 2009 c.595 §112]



    Note 1: The amendments to 166.250 by section 8a, chapter 826, Oregon Laws 2009, become operative on the date that the rule described in section 13 (1), chapter 826, Oregon Laws 2009, is adopted by the Psychiatric Security Review Board. See section 13, chapter 826, Oregon Laws 2009, as amended by section 22, chapter 826, Oregon Laws 2009 (Note 4 under 166.274). The text that is operative from the date of adoption of that rule until January 2, 2012, is set forth for the user’s convenience.

    166.250. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470 or section 5, chapter 826, Oregon Laws 2009, a person commits the crime of unlawful possession of a firearm if the person knowingly:

    (a) Carries any firearm concealed upon the person;

    (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or

    (c) Possesses a firearm and:

    (A) Is under 18 years of age;

    (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

    (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;

    (C) Has been convicted of a felony;

    (D) Was committed to the Oregon Health Authority under ORS 426.130;

    (E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or

    (F) Has been found guilty except for insanity under ORS 161.295 of a felony.

    (2) This section does not prohibit:

    (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

    (A) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or

    (B) Temporarily for hunting, target practice or any other lawful purpose; or

    (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

    (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

    (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.

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



    Note 2: The amendments to 166.250 by section 11a, chapter 826, Oregon Laws 2009, become operative January 2, 2012. See section 14, chapter 826, Oregon Laws 2009, as amended by section 23, chapter 826, Oregon Laws 2009. The text that is operative on and after January 2, 2012, is set forth for the user’s convenience.

    166.250. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:

    (a) Carries any firearm concealed upon the person;

    (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or

    (c) Possesses a firearm and:

    (A) Is under 18 years of age;

    (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

    (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;

    (C) Has been convicted of a felony;

    (D) Was committed to the Oregon Health Authority under ORS 426.130;

    (E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or

    (F) Has been found guilty except for insanity under ORS 161.295 of a felony.

    (2) This section does not prohibit:

    (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

    (A) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or

    (B) Temporarily for hunting, target practice or any other lawful purpose; or

    (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

    (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

    (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.

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



    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]
     
  8. Tomoizle

    Tomoizle Vancouver, Washington, United States Active Member

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    So bottom line is I can open carry in Washington all I want without chl and can go to Oregon and open carry without chl besides those few cities like Portland, Beaverton, Tigard and etc... Do this sound right?
     
  9. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Correct but make sure you find out for sure what those areas in OR are before you try.
     
  10. Tomoizle

    Tomoizle Vancouver, Washington, United States Active Member

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    Yeah :) thanks a lot guys gonna get my chl for both state soon :)
     
  11. MarkAd

    MarkAd Port Orchard Well-Known Member

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    I have 2 things to correct for y'all.
    OPEN CARRY in WA. If you have a loaded pistol on your person in a motor vehicle which includes any motorized vehicles, such as riding mowers, tractors, motorcycles it is CC. You may have an unloaded pistol on you hip in your vehicle. This applies if you are on a public road.

    "i think that liberal slob patty murray managed to ban open carry in wash.parks about a year ago if my memory serves me correct???"
    It was former Mayor Nickles of Seattle who declared no firearms in city parks. He was told by the AG that he lacks the ability to do so. You can carry anywhere it is legal in WA within the guidelines of the RCW.
     
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  12. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Darn, had this whole thing done once, and it went by-by.

    OK, WA is OC friendly. Without a permit: You can OC, loaded, anywhere in WA that you can CC with a permit, except in a vehicle. If you have a CPL, you can OC, loaded, or CC in a vehicle. If you want to know more about WA OC, go to OCDO (OpenCarry.org - A Right Unexercised is a Right Lost! ...) and go down to the Washington forum. OC in WA is based on the Washington state constitution, article 1 section 24. Been legal as long as WA has been a state.

    I have OC'd in WA for over 40 years, and have never been hassled. Just don't act like a nervous Nelly and no one will notice, or bother you. Act like a nervous Nelly and people will be wondering why you are so nervous and check you out more closely.

    You may also OC (loaded) or CC without a permit if you are "recreating" (hiking, hunting, fishing, horseback riding, camping...etc) or going to or from such activity.

    OR is basically also a, no permit necessary, OC friendly. It has one difference. There are some localities (Portland metro, Salem, Astoria,) that do not allow loaded OC without a permit. OR state preemption does not cover loaded OC without a permit where there is a local law..

    OR does not recognize anyone elses CPL. Only their own. So until you have an OR permit, you are limited to OC in OR. And as a non OR permit holder you have to know the local restrictions...remember, your OC cannot be loaded in Portland, Salem, Astoria and a couple other places without a permit. However, you can OC loaded, even in a vehicle everywhere else in OR...again, go to OCDO but this time look at the Oregon forum.

    Never believe what anyone, especially a LEO or a "trainer" tells you. Look it up in the LAW. The whole law. For OC go to OCDO, read there OR specific page, ask questions in their forum. Remember, what is not prohibited, is by default, allowed. There is no "law" that says you can OC in OR, but also, there is no "law" that says you cannot, and the OR consititution says a person can bear arms...
     
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  13. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Do you have any link or facts to this? I am sure they tried but I dont know how they can since we have RCW 9.41.290: State preemption.


    RCW 9.41.290
    State preemption.

    The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.



    I have not seen a law change in the RCW's saying OC is illegal anywhere.
     
  14. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Yes, Seattle passed a law about firearms in parks, HOWEVER... It was immeadiatly overturned in court and declared a Non-enforceable law. You MAy carry in city parks in Seattle, and any other town/city in WA. Firearms laws are totally controlled by the state.

    Open Carry LOADED is 100% legal IF you have a CPL. Just because you have a CPL does not mean you MUST CC! If you have a CPL you may OC or CC. If you do not have a CPL you cannot CC (unless you are doing some recreational activity) or carry loaded in a Vehicle (unless you are doing some recreational activity) IF you are under 21 you cannot CC UNLESS you are engaged in some recreational activity.

    A CPL is a license to conceal, not a license to carry.
     
  15. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Open carry is 100% legal in WA, A CPL is a license to conceal, not to carry. The one real advantage with a CPL if you OC is you do not have to unload when in a Vehicle.

    Patty Murrey is a US senator...she does not control State law. Is she anti-gun, yes, and we need to get rid of her, but she cannot pass state or city law here. All parks in WA are open to carry, both licensed and unlicensed OC and licensed CC. The legislature is the only source of firearm law in this state, local governments have no say except to where a firearm may/may not be discharged within their juristictions.
     
  16. Tomoizle

    Tomoizle Vancouver, Washington, United States Active Member

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    Glad to see people are getting use of my post :)
     
  17. rcruze

    rcruze Vancouver New Member

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    Washington is an open carry state, but Oregon is not.
     
  18. orygunmike

    orygunmike Beaverton, OR Active Member

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    In the interest of setting the record straight for those who wish to better understand Oregon gun laws, I offer a clarication in response to a post within this thread:

    Oregon does indeed have a Preemption Law [ORS 166.170 State preemption]. For those who may not understand the function and importance of Preemption -- Preemption states that ONLY the legislature of the state has the authority to regulate/ implement laws that in any way affect firearms. For example, if a university put up "rules/laws" that prohibit the carrying of firearms on their campus, this is neither a valid or enforeable law because only the legislature can implement such a law.

    The Oregon legislature has chosen to delegate some of that authority to the cities and counties. Specifically, the Oregon cities and counties can (1) regulate the discharge of firearms within their jurisdiction [ORS 166.171/166.172] and (2) regulate regulate the possession of loaded, unconcealed firearms in public places...[166.173] BUT, this does not affect the legal carry of concealed firearms. Only the state legislature can regulate the carry of concealed handguns. I suspect Washington is similar, but don't know their laws.

    So, the person posting was correct to write that various cities in the state of Oregon do handle OPEN carry differently, but incorrect to say that Oregon does not have a Preemption law.
     
  19. orygunmike

    orygunmike Beaverton, OR Active Member

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    There is no STATE law prohibiting the OPEN carry of firearms in Oregon. As stated in my post above, various cities in the state of Oregon do handle OPEN carry differently as the state legislature has granted them that authority. Therefore, as no permit is required to OPEN carry, Oregon is indeed an "open carry" state.
     
  20. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    I stand corrected on my poorly worded comment. My point was that not ALL of OR has the same laws.

    Also I posted the text along with the link of the WA law in my previous post.