Oregon Is this legally Open or Concealed?

[Member 53328]

That would be open carry. Like others have said check your county and city ordinances. Some cities/counties prohibit you from carrying a loaded firearm in an open carry fashion without a CHL. You can open carry but the gun has to be unloaded (which is stupid). I have my own opinion on open carry.

He is case law in regards to the definition on concealed.

Oregon v. Harrison

Police Officer Hopkins initiated a traffic stop of defendant Khalistan Harrison. As Hopkins approached defendant’s stopped vehicle, defendant stepped out of the car, left the driver’s side door open, and began walking away. Hopkins followed her on foot. Meanwhile, Officer Barrett arrived at the...

law.justia.com

On a serious note I would like to see someone draw a handgun from that position in a expedited manner without fumbling or snagging the firearm upon presentation.

 

[STEELE]

Depends on what the definition of "is", is. Whatever, it shall not be infringed.

 

[Certaindeaf]

Whats the law on this? Would this legally be considered open carry? Asking for a friend.

Please move if wrong forum section.

View attachment 1058754

You must've been a hoot playing hide-and-seek.





Lorl

 

[OldTengu]

Concealed or open, that looks like a stupid and inconvenient way to carry that leaves you wide open to theft or droppage. Stop it.

 

[ModestScrub]

As messed up as this sounds my experience is the same as other have stated.

Often times if you ask a LEO they will tell you the law is whatever you are willing to pay a lawyer to defend for you on.

Each officer is different.

Ive heard in some instances a LEO has asked a CHL holder to put their weapon in the trunk.

It's not exactly legal for them to require you to do, but if you don't comply they can make your life hell.

Same goes for open carry.

The "Virginia Tuck" as displayed in the OP's photo isn't something that is covered under O.R.S's specifically. You could get an officer that wants nothing more then to ruin your day. On the other hand you could get an officer that doesn't care.

Places like Nevada specifically cover partial concealment in their state statues.

Places like Oregon keep it vague and open to interpretation.

Ymmv.

 

[deerbandit]

In Bend, that is Open Carry.

In Portland, that is a Machine Gun.

I was going to say that, you beat me to it.

 

[Hawaiian]

pocket clips work for knives, why wouldnt holsters for guns?

There is a Multnomah County case were the arresting officer testified that while the pocket clip was visible, he did not know if it was a knife or a flashlight or other tool. The person was convicted of carrying an auto knife concealed. Note, this was Multnomah County and YMMV.

 

[The B]

There is a Multnomah County case were the arresting officer testified that while the pocket clip was visible, he did not know if it was a knife or a flashlight or other tool. The person was convicted of carrying an auto knife concealed. Note, this was Multnomah County and YMMV.

well thats cool... id thought there was caselaw establishing the pocket clip as "visible?" when was this? have any linkage?

i swear when i got my first 9050AFO i checked up on this and concluded pocket clips were golden.

but this could also be a case of bad lawyering - if theres case law exonerating one from a charge, its of course up to the defending counsel to point that out. or perhaps theres more to the story.

when i thought i wanted to be a cop, i did a ride along with a beaverton officer who arrested a guy for concealed weapon when she found a long hunting knife in his pants. it wasnt a "dagger" nor did it meet the requirements of any other concealed weapon, but because it had a bone saw on the spine she said she thought she could get a jury to convict anyway. i thought it was a pretty bubblegumed up move, especially since the dude was on probation at the time and wasnt involved in any way with the call we were on - just happened to be walking through the neighborhood when she terry stopped him and found the knife.

when this is the sort of fupped up manipulative bullship some cops pull, there really actually probably isnt any completely safe way to carry any auto/butterfly/dagger. but if youre white, dress vanilla, and dont have a record, you can certainly get away with a lot more.

 

[Knobgoblin]

 

[Knebel]

That would be open carry. Like others have said check your county and city ordinances. Some cities/counties prohibit you from carrying a loaded firearm in an open carry fashion without a CHL. You can open carry but the gun has to be unloaded (which is stupid). I have my own opinion on open carry.

He is case law in regards to the definition on concealed.

Oregon v. Harrison

Police Officer Hopkins initiated a traffic stop of defendant Khalistan Harrison. As Hopkins approached defendant’s stopped vehicle, defendant stepped out of the car, left the driver’s side door open, and began walking away. Hopkins followed her on foot. Meanwhile, Officer Barrett arrived at the...

law.justia.com

On a serious note I would like to see someone draw a handgun from that position in a expedited manner without fumbling or snagging the firearm upon presentation.

Oh there is no way to draw that with the holster I used in the pic. It will come out with the holster... i just used it for reference. I dont know about 'partial concealment' because being objective, a gun is already partially concealed in its holster.

 

[dangerranger60]

As messed up as this sounds my experience is the same as other have stated.

Often times if you ask a LEO they will tell you the law is whatever you are willing to pay a lawyer to defend for you on.

Each officer is different.

Ive heard in some instances a LEO has asked a CHL holder to put their weapon in the trunk.

It's not exactly legal for them to require you to do, but if you don't comply they can make your life hell.

Same goes for open carry.

The "Virginia Tuck" as displayed in the OP's photo isn't something that is covered under O.R.S's specifically. You could get an officer that wants nothing more then to ruin your day. On the other hand you could get an officer that doesn't care.

Places like Nevada specifically cover partial concealment in their state statues.

Places like Oregon keep it vague and open to interpretation.

Ymmv.

When I was going to be in Southern Or for a few days, I asked the same question. In my case it was a J frame carried on my belt. With most of the gun and holster above the bottom edge of my belt, what if my shirt was partially over the grip? Not the shirt pulled over it but just some loose material folded over. How much of the gun has to be exposed? What I found out is no one in OR will answer the question. Its really that vague! And no one where I was going seemed to care about the old guy open carrying! DR

 

[PaulF]

Partially correct. You can carry an empty, unloaded firearm while not having ammo on you (who comes up with this dumb crap man???)

How the hell you spossa fire off all them warnin shots POTUS is always telling us to shoot?

What does beaverton not listen to our Kiddy sniffer dictator extraordinaire?

I guess you could always get sum "Blanks" from that Baldwin feller.

But I digest err digress, guys we need to CANCEL beaverton they're city government is clearly raycist.