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IS IT LEGAL?

Discussion in 'Legal & Political Archive' started by OLDNEWBIE, Nov 20, 2010.

  1. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    A loaded magazine loose in the trunk with the weapon. Also thinking of getting a cc liscence and want to know if I can drive with a loaded weapon on my person. I live in Oregon. tried to find info on the net but its vague.
     
  2. longwayfromhome

    longwayfromhome Land of Ducks, Oregon...Boo Member

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    take a concealed handgun class...that will answer a lot of questions you might have....

    also there is a book..i cant think of the title...its all about oregon concealed carry laws...

    snoop around the site - you will come up with the title...or some senior member will be able to post it for you..
     
  3. keystir

    keystir Hillsboro, OR Active Member

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    You should definitely get the book, "Understanding Oregon's gun Laws." I've seen it at quite a few local gun shops and also at the gun show at the expo center. This is a great resource for getting accurate gun law info and also does a good job of helping the reader to understand that some of Oregon's gun laws are clear as mud even to many law enforcement officers. Looking to the internet and gun forums is a sure fire way to get yourself into trouble.

    I shouldn't even attempt to answer your question because honestly, I have no idea but since this is a gun forum and you asked I will give it a try.

    In Oregon I believe certain municipalities have restrictions on carrying loaded firearms through their jurisdictions and some of those municipalities do see a loaded magazine whether inserted into a firearm or not as being a "loaded firearm." Now, if you get a CHL that would change the situation and I believe you would be OK.

    I'm planning on getting my CHL in part just to help make sure I am carrying a firearm legally.
     
  4. Beta1759

    Beta1759 Beaverton Bronze Supporter Bronze Supporter

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    Uhhhhh....are you asking becuase you want to transport it from point A to B? Or do you want to have it in there in case you need to use it? If i were to transport it without a CCL (I have a CCL so i dont worry about it) I would keep the loaded magazine out of the pistol and put the lock on the pistol. But i don't know what the rule are on having a loaded magazine and a firearm in the trunk seperated. My best advice, get your CCL and read the book.
     
  5. CharlesAFerg

    CharlesAFerg Beaverton Active Member

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    That's exactly what I did, too.
    How sad that we MUST resort to this. Asking "mommy" for permission. :thumbdown:
     
  6. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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  7. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    I was told in the CHL class I took last summer that you can drive with a loaded weapon concealed on your person. If it's loose in the car and you have passengers who don't have a CHL then they can be charged with carrying a concealed weapon. It seems pretty stupid that the law would be interpreted that way, so I'm not sure the instructor was correct. I am sure that you can carry concealed with a CHL in a car, and with very few exceptions anywhere on public property. The Portland school district knows that their "no guns even with CHL" policy is illegal, but they are waiting to be sued over it. On private property it's up to the owner whether guns are permitted or not.
     
  8. Beta1759

    Beta1759 Beaverton Bronze Supporter Bronze Supporter

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    My understand is, that if you have 1 person with a CCL you can have as many guns in the car as you can possibly imagine. Regardless of who they belong to. Which makes sense to me, however, making sense and officers interpretation are like oil and water.
     
  9. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    This is the correct answer. It is legal in Oregon. You could even have the mag in the gun and a round in the chamber and be legal in Oregon. It is illegal inside some city limits (Portland, Beaverton, Salem etc). Here's Portland's; the others have similar verbage:

    14A.60.010 Possession of a Loaded Firearm in a Public Place. - Printable Version


    A. It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the firearm.

    B. It is unlawful for any person to knowingly possess or carry a firearm and that firearm’s clip or magazine, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the clip or magazine.

    An Oregon CCL nulifies all city ordinances regarding firearms in public places.
     
  10. glockguy

    glockguy Albany Oregon Well-Known Member

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    GET THE CHL Its easy and costs about 150 all together and will save your @ss...
     
  11. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    It should only cost you $65, not $150....

    I suggest the online free firearm safety class at the Maryland Police Training Commission. MD Firearms Safety Training

    While $65 is $65 too much to exercise your 2nd Amendment rights, it is much less than $150
     
  12. STNOSU

    STNOSU Corvallis Member

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    When we took the CHL class they have every year here at OSU, the instructor said if the driver has a CHL and passenger doesn't the gun must be on the drivers side where the passenger cant easily reach it. They also told us that say if you have it in your glove box and it doesn't have a lock both of you can get in trouble.
     
  13. CharlesAFerg

    CharlesAFerg Beaverton Active Member

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    lol..
    Garbage.

    I have heard more garbage at CHL classes than useful information.
    For example, that "concealed means concealed," and "open carry is illegal."

    What a crock. They know less about the laws than the police do. (Almost)
     
  14. glockguy

    glockguy Albany Oregon Well-Known Member

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    150 includes the Application Fee and the finger print fee Which I believe the App fee is 50 and the Fingerprinting fee was 15... so thats $65 right there besides the cost of the class...

    so if the class cost $65 + 65 = 130 so yea less then 150 i guess:)

    Also with the online free firearm safety class at the Maryland Police Training Commission u need to check with your local PD to see if it meets there requirements, some places don't accept it...
     
  15. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    I guess the last election shows that over half of Oregon wants a Nanny State so its not going to get better. I'll have to budget for a ccl to be legal.
     
  16. DiscoFam

    DiscoFam Springfield Member

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    I know in lane county they accept the maryland online class as taking a gun safety class.
     
  17. biggie24420

    biggie24420 Beaverton Oregon Well-Known Member

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    As many on here have said, GET THAT LICENSE so you don't get messed with by the popos lol. Also don't just stop there, educate yourself.... learn about the gun and how to use it. ALWAYS know what condition the firearm is in. NEVER assume anything about the firearm.... treat it like it's always loaded and you will be OK. You don't have to let LEO know you have the firearm with you if you were to get pulled over, but in most cased it is good to let them know because that makes you look like a responsible adult who has a CHL/CCW. You also have the right to open carry the firearm if you choose to, but you will get hassled by a lot of ignorant POLICE officers and citizens so if you decide to go that route, keep your mouth shut, don't say anything that is not needed and KNOW THE LAWS. A lot of the time you need to just bite the bullet, no pun intended and keep that mouth shut, but you can take names and badge numbers and file reports if you get messed with my the POLICE. I had Beaverton police mess with me and threaten me, telling me they could revoke my license because I was legally open carrying. They contacted the county and the county wanted to talk to me ( the county said I was NOT in trouble, but we wanna talk to you). I contacted the county and explained to them that I did not want to talk to them.... I told them "I respectfully decline making any comments on this matter" and they never bothered me again.

    With a CHL/CCW you have to walk a straight line, you can't carry and go get drunk, not a good idea to speed (shouldn't speed with or without a CHL lol) or get into fights unless it is self defense.... If you ever end up using the firearm in self defense, don't talk to police because everything you say WILL get used against you...... GOOD LUCK! :thumbup:
     
  18. KRISSTDI

    KRISSTDI Oregon Member

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    I am an out of state resident and I follow California law because that is what I have been taught since I was a child. Same goes with traffic and speed limits..

    Gun goes in the trunk and loaded magazine in the glove box. Two seperate areas of the car. Here I don't get pulled over so its a non-issue for me. Usually people that follow the law don't get pulled over so it is truely no issue.

    I usually only carry a gun in the trunk when I go over 26 or 30 or on long drives. Daily driving it stays at home.
     
  19. glockguy

    glockguy Albany Oregon Well-Known Member

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    BUT remember if your a police officer you can get away with it!! Drinking and driving that is:thumbup:
     
  20. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    The trunk/loaded mag thing came up when I had to leave the range in a hurry and didn't have time to unload my evil 20 rd mini14 mag. Have been surfing the net today on carry permits and discovered some good news maybe. I might be exempt from paying for a class since I am a COLD WAR VETERAN, the wife always laughs at this but I was ready if trouble with the U.S.S.R. started in the early 80's. Has anyone ever waived the class with a DD-214?:thumbup: