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IN OREGON would this be concidered a concealed weapon?

Discussion in 'Legal & Political Archive' started by Mark W., Apr 30, 2012.

  1. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    In Oregon we have a Concealed handgun License. Does not cover anything but a Handgun. On another forum someone presented this as an option for a way to carry a rifle without using a gun case. I think you could run into trouble here with this. ESPECIALLY if the weapon was loaded.

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    Your thoughts?
     
  2. Akathepriest

    Akathepriest Astoria, OR Active Member

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    You have to be logged in to view what you are talking about.
     
  3. DonovanJay

    DonovanJay Southern Oregon Member

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    The link didn't work :(
     
  4. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    It is a M1A1 Carbine in a padded tennis racket case. The OP is suggesting its a way to not draw attention to a gun case. I suggest it wouldn't fly here in Oregon if it was being carried around as the law would see it as an attempt to conceal. I don't want to snag his photos as thats not allowed. Not like tennis rackets aren't stolen out of cars all the time.
     
  5. fd15k

    fd15k Tigard,OR Well-Known Member

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    That's not a correct statement. Despite the word "handgun" in the name, CHL provides an exemption for all firearms from prohibitions on concealment and loaded possession.

    To illustrate, here is how concealed carry is prohibited :

    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 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;

    And then we have an exemption statute :

    166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect:

    (h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

    So despite the name, broad exemption is provided.
     
  6. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    FD your saying that in Oregon if you are licensed to carry concealed a handgun then this also allows you to carry concealed a rifle or shotgun?

    having been a permit holder since 1991 and having been at the actual hearings that discussed this law prior to it passing in 1989 I have to say this is the first time I have heard this way of looking at it.

    Not disagreeing with you just have NEVER heard that in anyway shape or form does a Concealed Handgun License cover a rifle or shotgun.
     
  7. fd15k

    fd15k Tigard,OR Well-Known Member

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    That's how the statutes seem to read. I have also went over a whole bunch of 166.250 related cases recently, and did not find anything that would clarify the law in any different way. Not to say there is no chance that I missed some critical decision :)
     
  8. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    you are not going to conceal an M1A1 on your person...why are you worried about it. Open Carry is perfectly legal in OR, WA and ID you do not need a license. Who is going to give you trouble about any gun in any kind of a case anyway...It is not concealed on or about your person.
     
  9. fd15k

    fd15k Tigard,OR Well-Known Member

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    Same goes for loaded and concealed in the vehicle though.

    Actually scratch that, I can't find the statute right now :)
     
  10. civilian75

    civilian75 Hillsboro, OR Well-Known Member

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    FD, I am not sure that was the original intent of the statute. If you plan to test it with your Serbu, let me know how it goes for you. Oops, sorry, I don't think County provides Internet access to its residents. :p
     
  11. fd15k

    fd15k Tigard,OR Well-Known Member

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    Sure thing :) Btw, lower courts and DA's usually go by the letter of the law, as opposed to intent. On appeal they might look at legislative intent.
     
  12. civilian75

    civilian75 Hillsboro, OR Well-Known Member

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    Granted. Let me put it this way, I disagree with the way you are interpreting the letter of the law. When I read the same text I clearly interpret that it means the only exemption is a concealed handgun by a CHL holder.

    So, at this point, I think we can both respectfully agree to disagree.
     
  13. fd15k

    fd15k Tigard,OR Well-Known Member

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    How did you figure ? You have 166.250 that prohibits a number of acts. Then you have 166.260 that lists conditions when ENTIRE 166.250 is exempted. I really want to know your logic, please share.
     
  14. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    The post on the M1 Carbine forum that started all this was a M1A1 with the stock folded being carried in a Padded TENNIS racket case. So YES it would be concealed on your person exactly like a 1911 would be in a woman's purse or a sling bag or a fanny pack or a backpack. Which why I asked the question in the first place.
     
    Asavage270 and (deleted member) like this.
  15. Burt Gummer

    Burt Gummer Portland Completely Out of Ammo

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    My understanding was if something is a pistol legally it and can be concealed on my person it is fine. Not a rifle. If you could successful conceal an AR pistol or Draco, then my guess is it would be legal, but not practical. Certainly not if you ever had to defend a shooting. I don't believe you can carry a loaded rifle/shotgun around in a bag. You can have an unloaded rifle in a bag supposedly, or in your car, separately from ammo.

    I like discussions like this because the laws can be confusing. When in doubt, just don't.
     
  16. netcarrier

    netcarrier Portland, Oregon Active Member

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    In Oregon the weapon can not be loaded "long gun". The ammo much be stored in another area of the vehicle away from the weapon. Also no Mags in the weapon and lock the bolt back so you can see inside the weapon. If your in a car, place the weapon in the tunk and ammo in the back seat both away from you. You need to show that the weapon and the ammo are located in differ locations. If stopped by L.E. tell the Officer that you have the Weapon and its location. DO NOT go to the Mall!
    Hope this will help,
    Tony Portland, Oregon Area
    EX-L.E.O.

    PS: § 166.210¹ Definitions (5) Handgun means any pistol or revolver using a fixed cartridge containing a propellant charge, primer and projectile, and designed to be aimed or fired otherwise than from the shoulder.

    RE: CHL concealed handgun license, Please note the word "Handgun"
     
  17. TonsOfOregonBrass

    TonsOfOregonBrass Sandy, OR Active Member

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    I need not insert all the usual “I am not a lawyer” stuff here. But frankly they get it wrong half the time so what the hell.

    It is my opinion that a person with a CHL can carry anything they wants= concealed. I base this on 166.250 and 166.260.

    250 says it’s illegal to conceal a FIREARM on your person, not just a handgun:

    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;

    260 says 250 does not apply to license holders:

    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.


    Again do your own research and consult a lawyer.
     
  18. fd15k

    fd15k Tigard,OR Well-Known Member

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    ORS citation please ?
     
  19. fd15k

    fd15k Tigard,OR Well-Known Member

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    That's usually to avoid liability when answering a direct legal question, not to state one's experience/inexperience.

    There is really no need to copy/paste whole statutes :D
     
  20. TonsOfOregonBrass

    TonsOfOregonBrass Sandy, OR Active Member

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    That was a copy from an email i sent to OFF for clarification on the law. So it came with the disclaimer. I just copied the entirety.