Is this conceal or open carry?

[Certaindeaf]

Intent...

One dust flap defense to rule them all.

 

[The Heretic]

Quote from the link above:

" That depends entirely on where you live. "

This ^^

If you google it, it just depends on the jurisdiction.

 

[EHJ]

This ^^

If you google it, it just depends on the jurisdiction.

Portland, Oregon.

And I have. To no avail. There is no clear distinction of, "openly".
That I can find anyway.

 

[CRBMoA]

Much like beauty, concealment will will be found in the eye of the beholder.

People who have never carried have no idea how to craft laws to unconstitutionally restrict gun owners. But that doesn't stop them in the least.

 

[ilikegunspdx]

While I am NOT an attorney (both my parents were married to each other at my birth) I will hazard an opinion based on my time in law enforcement. The holster shown should not be considered a "concealed" carry since it is obvious to a knowledgeable person that it is a "carrier" of a pistol. Concealed carry is an active effort to keep a weapon from being seen by both "knowledgeable and unknowing" persons. Intent is not part of the issue. Please don't consider this as legal advice.

I like this opinion. I would say if it were a fanny pack -obviously concealed. If it was a SAA in a cowboy holster where much of the gun is visible -obviously not concealed. The farther U get from obvious gun holster and closer you get something that doesn't blatantly imply "firearm", the closer u get to concealed I think.
But what about this holster (j/k)?

 

[ma96782]

It's all because some people believe that the 2nd A actually says.......

A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed, unless I say it's reasonable.

Rrrright.....politicians and lawyers.

Aloha, Mark

 

[Certaindeaf]

Portland, Oregon.

And I have. To no avail. There is no clear distinction of, "openly".
That I can find anyway.

You need a chl to open carry in portland

 

[Dinglenutz]

Portland, Oregon.

And I have. To no avail. There is no clear distinction of, "openly".
That I can find anyway.

In Oregon, it is my understanding that, since we are an open carry state, and the state issued CHL preempts all local gun laws, it doesn't matter. You can open carry with a CHL.

But do your own research.

 

[Jonnyuma]

State laws vary widely.

When I was a fairly recent transplant from AZ I got pulled over for a headlight. Midnight-ish, on my way home from work. Late model Nissan pickup, extra cab. My Beretta 92 was in a case (loaded and unzipped) behind the passenger seat.

To me, it was obvious.
To the Multnomah Sheriff's deputies it was obvious.
"What's in the case?"
"It's a pistol case."
"I know, but what's IN it?"
Are these guys stupid?
"My gun".
"Can I see it?"
"No, I'd prefer to leave it where it is"
"No... is it visable?"
That's when I started reciting by rote AZ state law regarding concealed handguns.
I wasn't cagey in the slightest because I thought I was within the law. In AZ, I would have been since (10 yrs ago) AZ law stated that if any part of the gun, holster, or case is visible, the weapon is NOT concealed.

I was arrested and charged with unlawful possession of a firearm (misdemeanor). The deputy was an imperious jerkoff who could have easily schooled me on the law (without the constant "You ain't IN Arizona line) and sent me on my way with that knowledge... it would have had the EXACT same effect but without the money lost, time, and lingering resentment I I harbor towards LEOs.

It was midnight on a Friday night. They had an easy bust that would tie them up for the rest of the shift, take them out of circulation. If they'd cut me loose they may have ended up with a messy DV call or a fatality crash... they wanted to go home and I was a convenient and safe bust. They knew I was just a dude, blissfully ignorant of the statw law I was breaking. I wasn't going to cause them any trouble at all so I'm what they chose to finish their shift with.

The animosity that the encounter and subsequent hardships engendered taught me a few lessons about making myself legally bulletproof. It cost me dearly in more ways than losing my gun, freedom, money, etc.
Only doing their job? I think there was more to it than that. Even my LE-retired Dad (20+ yrs in St Louis, retired a Captain) thought it was chickensh*t, and it's pretty tough to get him to side otherwise, even if it's his own kid.

Long story, much nuance, and has a lot of angles that are probably not good for this thread... but make for a fun conversation.

 

[CamoDeafie]

Note the Oregon law says belt. Nothing about an overt chest rig, or thigh rig

 

[Dinglenutz]

Note the Oregon law says belt. Nothing about an overt chest rig, or thigh rig

He says he's in Portland. If you're gonna carry in Portland, you need a CHL, and if you have a CHL, it doesn't matter.

 

[CamoDeafie]

He says he's in Portland. If you're gonna carry in Portland, you need a CHL, and if you have a CHL, it doesn't matter.

That's true. Loaded carry requires CHL. Seems unloaded is okay but....

 

[Certaindeaf]

Of course if you open carry in Portland you'll likely get bricked. so there's that little tidbit

 

[Dinglenutz]

Of course if you open carry in Portland you'll likely get bricked. so there's that little tidbit

Buddy up and watch your flank?

 

[Certaindeaf]

Buddy up and watch your flank?

I carry concealed.

 

[Hawaiian]

In Portland, it is concealed if you are a conservative and you might be arrested and charged. . If you are a liberal protester or antifa, it is whatever you want it to be and you will not be charged.

 

[oldcorpgunny]

I like this opinion. I would say if it were a fanny pack -obviously concealed. If it was a SAA in a cowboy holster where much of the gun is visible -obviously not concealed. The farther U get from obvious gun holster and closer you get something that doesn't blatantly imply "firearm", the closer u get to concealed I think.
But what about this holster (j/k)?View attachment 737474

I recognize this as a holster for a Mauser 96 (I think.)

 

[oldcorpgunny]

So, you are invalidating all Sneaky Peat holsters they claim are "Legal" concealment (though not gun shaped) while many "knowledgeable" gun folks can readily identify them for what they are.
Like all laws, Interpretation rules the day, you are rather at the mercy of the DA, Judge, and the effectiveness of your lawyer at that particular time. Right or wrong usually is notwithstanding, if not moot.

" Sneaky Pete" holsters (I have one) are designed to NOT look like a holster and therefore should be considered a concealed carry device. I'm not at the "mercy" of any of the references you have made. There are loads of case law that support my view.

 

[EHJ]

You need a chl to open carry in portland

In Oregon, it is my understanding that, since we are an open carry state, and the state issued CHL preempts all local gun laws, it doesn't matter. You can open carry with a CHL.
But do your own research.

He says he's in Portland. If you're gonna carry in Portland, you need a CHL, and if you have a CHL, it doesn't matter.

I have a chl. In Portland.
I agree to treat it as open - with no jacket to cover - is fine.

I was just wondering if the law was super specific - like if I can see any part of a gun does that make it open?
If I accidentally show a holstered gun under a jacket while fishing in my pocket - is that open?
What about printing - badly? Who judges that?

Just.... thoughts.

 

[Howard1955]

Gun!? What gun?