long gun laws

[bnz43]

Im sure its posted somewhere but I got to ask ,is it legal for me to drive to and from work with a unloaded rifle on the back seat, ammo is in the trunk. Sometimes I have the rifle in the trunk and ammo on back seat. btw ammo is in a bandolier. Im working in the woods and have had seen some very strange people , dont get me wrong its ok to be strange, just dont be sizeing people up kina thing.

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[beavertonbuck]

ORS 166.250- the only restriction on a long gun is carrying concealed upon your person. So you are good to go loaded or unloaded. Handguns are a different story depending on where you are at and if you have a CHL.

 

[bnz43]

very good, thanks for that info.

 

[SnackCracker]

Note that beavertonbuck listed the ORS (state law). Some cities (Portland, Beaverton, Oregon City, etc....) have local laws that restrict carrying any loaded weapon in public. This also applies to having it loaded in the back seat of your car. However you are fine as long as it is unloaded. You can have a loaded magazine "with" the gun, but not IN the gun.
These city laws do not apply to law enforcement, military, or CHL holders. That is a one benefit to having a CHL - you can pretty much carry loaded "wherever" and disregard those city laws. (Post offices, courthouses, etc are still "no carry", of course)

 

[JSJPDX]

Sorry SnackCracker, help me understand your response...Oregon has a preemption law in place for firearms...cities cannot enforce any laws or ordinances that are more restrictive than state law.

 

[SnackCracker]

OREGON cities CAN enforce their own laws when it comes to carrying a loaded firearm in public places.... these laws are not applicable to Leo, military, or CHL holders.
I'm on my phone or else I'd search and pull it up. The allowance for local jurisdictions to create their own firearm laws is listed in the ORS. HOWEVER, those local laws are not enforceable to LEO, military or CHL holders.

EDIT: I got out my laptop This thread covers this already:
http://www.northwestfirearms.com/le...n-carry-restricted-cities-without-permit.html

ORS 166.173:

ORS 166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.
(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
(a) A law enforcement officer in the performance of official duty.
(b) A member of the military in the performance of official duty.
(c) A person licensed to carry a concealed handgun.
(d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370. [1995 s.s. c.1 §4; 1999 c.782 §8]

Public Places are Defined as:

ORS161.015(10) "Public place" means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation. [1971 c.743 §3; 1973 c.139 §1; 1979 c.656 §3; 1991 c.67 §33; 1993 c.625 §4; 1995 c.651 §5]782 §8]

 

[JSJPDX]

Thanks...I did find the references as well and understand your response. I am looking for the preemption references now...clearly I need to do more research. Being the anal type, now I have to find and bookmark those references. There's an old dog saying in there somewhere for me...

 

[Kimber Custom]

Note that beavertonbuck listed the ORS (state law). Some cities (Portland, Beaverton, Oregon City, etc....) have local laws that restrict carrying any loaded weapon in public. This also applies to having it loaded in the back seat of your car. However you are fine as long as it is unloaded.

-Agree

You can have a loaded magazine "with" the gun, but not IN the gun.

I haven't read all of the local ordinances that you reference but Portland does not allow loaded mags. It used to but that changed in the last 10 years or so.

These city laws do not apply to law enforcement, military, or CHL holders. That is a one benefit to having a CHL - you can pretty much carry loaded "wherever" and disregard those city laws.

-Agree

(Post offices, courthouses, etc are still "no carry", of course)

Post Office is a contested location. The federal law that makes them off limits lists an exception for 'lawful purpose' and that has not been defined in the courts yet.

 

[beavertonbuck]

Thanks...I did find the references as well and understand your response. I am looking for the preemption references now...clearly I need to do more research. Being the anal type, now I have to find and bookmark those references. There's an old dog saying in there somewhere for me...

If you go to USA Carry - Your #1 Concealed Carry Resource and Community or Handgunlaw.us you can find which cities have gun laws in addition to the Oregon Statutues. A quick search for the city's codes and entering firearms will find the city codes regarding possessing firearms in public. Most of the statutes are clearly state this but keep in mind that your vehicle is a public place while being driven/parked on public property so the law applies there as well. Having a CHL will of course exempt you from these codes.

 

[SnackCracker]

-Agree

I haven't read all of the local ordinances that you reference but Portland does not allow loaded mags. It used to but that changed in the last 10 years or so.

Thanks for the clarification. I didn't know that about Portland. I have a CHL, so I don't follow those city ordinances as close as I used to.

Post Office is a contested location. The federal law that makes them off limits lists an exception for 'lawful purpose' and that has not been defined in the courts yet.

- Agree. But I don't know of anyone that wants to be the test case. (I also wanted to clarify that the laws for Post Offices, courthouses etc are outside the realm of "those city ordinances do not apply to LEO, Military or CHL holders".)

 

[hermannr]

-
I haven't read all of the local ordinances that you reference but Portland does not allow loaded mags. It used to but that changed in the last 10 years or so..

IMHO that is not part of Portland's code is not enforceable.

I will agree that the local got-ya's are a good reason to have a CHL.