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loaded gun, locked glove box?

Discussion in 'Legal & Political Archive' started by FriendOfEvanWilliams, Mar 8, 2010.

  1. FriendOfEvanWilliams

    FriendOfEvanWilliams Juneau, Alaska Member

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    I know this is a dumb question, but if a person does not have their concealed permit, is it illegal to store a loaded gun in the glove box of their car? I ask because my girlfriend does not have her permit (she's an AK resident), and being a young woman driving alone can, from what I understand, be a little unnerving. So being unable to legally get an Oregon permit could she keep a loaded gun locked in the glove box without picking up a gun charge?

    Thank you,
    Jordan
     
  2. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    She can open carry as long as she is not in city limits that prohibit loaded magazines/guns like Portland but she can not keep a loaded gun in the glove box without a CCL.

    Why can't she get an Oregon CCL? I'm a WA resident and have my OR CCL.
     
  3. gunnails

    gunnails Hillsboro Active Member

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    How is the ankle doing?
     
  4. FriendOfEvanWilliams

    FriendOfEvanWilliams Juneau, Alaska Member

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    Better, got an Aircast and a doctor gave me a free sample of hydrocodone. Staying mostly still for my weekend which is the next couple days. Thanks for asking.
     
  5. FriendOfEvanWilliams

    FriendOfEvanWilliams Juneau, Alaska Member

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    I read the rules to mean you have to work in OR to get your permit, she is just a student. I could be wrong though.

    How about unloaded, with the ammo in a separate location?
     
  6. RallySoob

    RallySoob Salem, OR Active Member

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    If you call OSP they will most likely tell you to make it visible or dont bring one at all. In theory she should be able to keep it on her dash board or maybe even a cup holder but I wouldn't mess with it. Before I had my CHL I was pulled over heading to Eastern Oregon with about 5 unloaded pistols all up front in the cup holder because that is what I was told to do by OSP. The Officers did not like it though, they prefer you completely disassemble the gun and store it in the trunk or if you drive a truck, in the glove box; but disassembled...not loaded
     
  7. FriendOfEvanWilliams

    FriendOfEvanWilliams Juneau, Alaska Member

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    OK, so definitely, absolutely, never in any way that could possibly be useful in defending oneself?
     
  8. onearmedswordsman

    onearmedswordsman Hillsboro, OR Member

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    We need to get this reciprocity crap fixed. She should easily get her own AK CCW. If only OR would honor it...
     
  9. FriendOfEvanWilliams

    FriendOfEvanWilliams Juneau, Alaska Member

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    I don't believe you need any kind of concealed carry permit in Alaska. Can't wait t move there.
     
  10. onearmedswordsman

    onearmedswordsman Hillsboro, OR Member

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    AK? OR is cold enough for me, thank you. :)

    You don't need a permit in AK. But, if you do not have one, the AK resident cannot enjoy the benefit of reciprocity, where honored. Thus, they issue permits to those interested.

    Vermont residents are hosed. They don't need permits but don't have the option.
     
  11. Doubletap

    Doubletap Newberg Well-Known Member

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    What we really need..is a clear understanding that the Constitution IS your permit to carry.. Short of that..where is the almighty NRA in pushing for National Reciprocity? Oh..that's right..they might get a bad rep...
     
  12. FriendOfEvanWilliams

    FriendOfEvanWilliams Juneau, Alaska Member

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    +1
     
  13. FriendOfEvanWilliams

    FriendOfEvanWilliams Juneau, Alaska Member

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    Wait...so being as a revolver cannot be readily disassembled, and has no magazine, how about an unloaded revolver? Ammunition in the pocket/purse. Or is it still illegal.

    Sorry, I have read the ORS statutes but they are so vague and filled with Doublespeak that I would rather ask people with personal experience than risk losing my rights and freedoms over something so stupid.
     
  14. THC101

    THC101 Pierce County Member

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    before I turned 21 I needed to know about concealed carry loaded at work.

    I called 3 police departments and talked to a few gunshop owners, allll of them tried saying that i couldnt even OWN a gun under 21 years of age let alone carry it. :huh:

    I knew this was some bullsh*t so I called up a law firm. this LAWYER even tried telling me I couldn't carry or own a handgun until I mentioned the RCW that states 18-21 may conceal carry in home, fixed business, or while hunting.

    shows you how far you have to sift through the BS to get a little bit of truth eh?:D

    keep searchin bud, you'll get your answers.
     
  15. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    I originally got my CCL because I called several law enforcement agencies to ask what the proper way to transport my firearms and got several different answers.

    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, a person commits the crime of unlawful possession of a firearm if the person knowingly:

    (a) Carries any firearm concealed upon the person;

    (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or

    (c) Possesses a firearm and:

    (A) Is under 18 years of age;

    (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

    (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;

    (C) Has been convicted of a felony;

    (D) Was committed to the Oregon Health Authority under ORS 426.130;

    (E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or

    (F) Has been found guilty except for insanity under ORS 161.295 of a felony.

    (2) This section does not prohibit:

    (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

    (A) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or

    (B) Temporarily for hunting, target practice or any other lawful purpose; or

    (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

    (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

    (4)(a) Except as provided in paragraph (b) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.

    (b) If a vehicle has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:

    (A) The handgun is stored in a closed and locked glove compartment, center console or other container; and

    (B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.


    (5) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8; 2009 c.499 §1; 2009 c.595 §112]

    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.

    (2) It is an affirmative defense to a charge of violating ORS 166.250 (1)(c)(C) that the person has been granted relief from the disability under ORS 166.274.

    (3) Except for persons who are otherwise prohibited from possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS 166.250 does not apply to or affect:

    (a) Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 upon such target ranges, or while going to and from such ranges.

    (b) Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.

    (4) The exceptions listed in subsection (1)(b) to (h) of this section constitute affirmative defenses to a charge of violating ORS 166.250. [Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1; 1995 c.670 §2; 1999 c.1040 §3; 2009 c.316 §2; 2009 c.499 §4]

    http://www.leg.state.or.us/ors/166.html
     
  16. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    AK's are hard to concea.l I would suggest something smaller. :p
     
  17. FriendOfEvanWilliams

    FriendOfEvanWilliams Juneau, Alaska Member

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    Wait...the car in question is a Subaru, and the glove box is the only locking compartment in the entire car. Would that make it actually the only way she could transport a gun? I hate the finer points of the law.
     
  18. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    She could transport in a hard sided locked case; however, since it is a hatch back she could use the glove box as long as there is no ammo in the glove box.

    Her best bet would be to open carry (holster, on the dash, front seat etc) a revolver and keep a speed loader on her belt.

    That way if she goes through a city that has laws restricting loaded magazines she's not in violation. If the gun is out in the open then it is not concealed and she is covered with open carry laws and no license is required.
     
  19. FriendOfEvanWilliams

    FriendOfEvanWilliams Juneau, Alaska Member

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    Yeah, except we live in Portland proper, so no open carry allowed. I'm thinking .38 holstered, unloaded in the locked glove box, ammo on the person. The key that unlocks the glove box is the ignition so that takes care of the whole key in the lock issue. I'm willing to sacrifice accessibility for legality, seeing as how this is not am immediate need, more of a "just in case" gun. You never know who might chase you back to your car or come banging on the window out of the darkness. I would hate to see her unable to defend herself because of some silly laws.

    Also, the laws never seem to mention anything about the gun being loaded while stored in a locked container.
     
  20. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    You can open carry in Portland. You can't open carry a loaded gun in Portland without a CCL.

    Speed loader and an open carried (empty) revolver.