IS IT LEGAL?

[keystir]

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.

No, Actually over half the people in Oregon decided that a rich guy who has spent his entire post basketball career helping other rich people get out of paying their taxes and who thinks that waiters and waitresses make to much money was maybe not the best choice.

 

[oregonlaw76]

The part about the passenger getting in trouble is actually true. The permit exempts you from criminal liability, not the gun itself. If the passenger does not have a CHL and "possesses" the firearm in the glovebox, i.e. they exercise dominion or control over it, they are arrestable for unlawful possession of a handgun or the city code ordinance equivalent of possession of a loaded firearm.

Quote:
Originally Posted by STNOSU
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.

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)

 

[OLDNEWBIE]

No, Actually over half the people in Oregon decided that a rich guy who has spent his entire post basketball career helping other rich people get out of paying their taxes and who thinks that waiters and waitresses make to much money was maybe not the best choice.

This guy explains it alot better than I could. Milton Friedman

YouTube - Milton Friedman - Greed

 

[Chee-to]

No, Actually over half the people in Oregon decided that a rich guy who has spent his entire post basketball career helping other rich people get out of paying their taxes and who thinks that waiters and waitresses make to much money was maybe not the best choice.

Actually, "Oregon" Voted for the Basketball player, Multnomah Co. put Kissoffer in office, AGAIN !!...:nuts:

 

[biggie24420]

You guys are changing the original post........ why can't you PM each other and share your opinions? Just wondering.

 

[glockguy]

You guys are changing the original post........ why can't you PM each other and share your opinions? Just wondering.

because that would be polite

 

[Chee-to]

You guys are changing the original post........ why can't you PM each other and share your opinions? Just wondering.

 

[ZigZagZeke]

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:

<broken link removed> . - 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.

C. The following are exceptions and constitute affirmative defenses to a violation of this Section:

1. A police officer or other duly appointed peace officers, whether active or honorably retired.

2. A member of the military in the performance of official duty.

3. A person licensed to carry a concealed handgun.

Actually, if I were a defense lawyer representing someone charged under this statute I'd argue that my client didn't recklessly do anything.

Black's Law Dictionary defines recklessness in American law as "Conduct whereby the actor does not desire harmful consequence but...foresees the possibility and consciously takes the risk," or alternatively as "a state of mind in which a person does not care about the consequences of his or her actions." Black's Law dictionary 1053 (Bryan A. Garner ed., 8th ed. abr. 2005).

Your honor, my client intentionally kept his weapon loaded, believing that to be the safest condition. There was no recklessness involved.

 

[Kimber Custom]

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.

Just so we are clear; the practice of keeping a loaded magazine in the glove box is illegal inside some city limits in OR without a CCL. There is no exception for the gun being in a seperate compartment. (see post 9 for a link)

 

[OLDNEWBIE]

Think I found a loophole.

11. Persons travelling to and from an established target range, whether public or private, for the purpose of practicing shooting targets at the target ranges

Thats the situation I found myself in!

 

[ApronAmy]

... 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?

"You must be able to document compliance of ORS 166.291 (f) by one of the methods provided by law as follows:
...
(E) Presents evidence of equivalent experience with a handgun through participation in organized shooting competition or military service. To present proper documentation through the military service, please bring your DD214. Your DD214 MUST indicate training/qualification with a handgun, sidearm or pistol. Should your DD214 indicate only "small arms qualification" it does not qualify as handgun training. In this case, you will need to take a handgun safety course to meet this requirement. Sorry, there are not exceptions allowed by law."

From the Washington County CHL application, not sure what other counties say. I had to take the class since I'm just a plain old civilian. Lol.

 

[OLDNEWBIE]

Thanks, just checked it out and even though I carried and fired other weapons, my DD-214 only shows M16 rifle. Only a marksman too, I sucked the day I qualified! Guess I'll have to pay up like everone else.

 

[mjbskwim]

I know you are talking about Oregon,but in Washington,if it isn't in the front and a hand gun,it would be illegal to have a mag and a gun in the same compartment of a vehicle.
Such as a hunting rifle and it's mag in the trunk.

 

[Trlsmn]

No, Actually over half the people in Oregon decided that a rich guy who has spent his entire post basketball career helping other rich people get out of paying their taxes and who thinks that waiters and waitresses make to much money was maybe not the best choice.

As opposed to a rich Dr who did a backdoor deal to stick Oregon residents with a half billion dollar bill for closing Trojan after it was closed and PGE was liable for the closing costs?

 

[56kninja]

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!

So it's ok to do those things since I don't have a CHL?

 

[Kimber Custom]

I know you are talking about Oregon,but in Washington,if it isn't in the front and a hand gun,it would be illegal to have a mag and a gun in the same compartment of a vehicle.
Such as a hunting rifle and it's mag in the trunk.

RCW 77.15.460Loaded firearm in vehicle &#8212; Unlawful use or possession &#8212; Penalty.

(1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:

(a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in or on a motor vehicle; and

(b) The rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

(2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.

(3) Unlawful possession of a loaded firearm in a motor vehicle or unlawful use of a loaded firearm is a misdemeanor.

(4) This section does not apply if the person:

(a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;

(b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.

(5) For purposes of this section, a firearm shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the firearm.

 

[cwegga]

I know you are talking about Oregon,but in Washington,if it isn't in the front and a hand gun,it would be illegal to have a mag and a gun in the same compartment of a vehicle.
Such as a hunting rifle and it's mag in the trunk.

Could you cite the RCW? Because that is counter to my understanding of the laws here.

 

[armedredneck]

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?

I did, and like others on here have stated, it has to show an actual "pistol" qualification. I turned in my DD-214 and just for extra assurance, also added a copy of the actual qualification sheet from the range that day. They said thankyou and I received my CHL in the mail about 2 weeks later. Marion County was relatively quick.