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Open carry/backpack carry in the woods with no CHL.

Discussion in 'General Firearm Discussion' started by OLDNEWBIE, Aug 4, 2013.

  1. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    I had a lead on a good spot to shoot on BLM/Seneca lumber land that would require me to park and hike 2 or 300 yards. I have no CHL yet. I had a holster for my SR9 and was going to open carry it unloaded with the mag unloaded in my pocket or an ammo pouch. Rifle slung on shoulder unloaded mag also stowed. My unloaded revolver in a bag or backpack along with a box of ammo.

    Before I left I started to get paranoid about the legalities of carrying a gun concealed in a back pack or bag along with ammo maybe in the same bag maybe not.

    I ended up just taking the 9mm unloaded with the unloaded mag in an ammo belt pouch alongside some ammo.

    Was I wrong to worry about a gun in a backpack? What about the ammo in proximity?
     
  2. Kevinkris

    Kevinkris Aloha Well-Known Member

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    in oregon the only places you cannot open carry loaded that i know of is in portland, beaverton and oregon city.
     
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  3. BDA.45

    BDA.45 oregon Well-Known Member 2016 Volunteer

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    Theres a few other places but remember, ALL of Multnomah County not just Portland, is now off limits....
     
  4. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    So unloaded in a range bag or backpack is never a problem? This was Lane county Lorane hwy/Territorial area South of Eugene.
     
  5. BDA.45

    BDA.45 oregon Well-Known Member 2016 Volunteer

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    Just open carry it loaded. Thats legal. Theres no sense in carrying an unloaded gun. Look up ORS.166.240-166.260 for more clarification.
     
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  6. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    Carrying multiple weapons, ammo targets etc. Gotta carry some of it in a backpack. Also no holster for one of my revolvers. I ended up having some Quality alone time with my SR9 though instead of shooting a variety like usual, I'm getting to like it a lot! It's like it was designed for my hand or something. Effortless to aim and stay on target.
    I'll look up ORS.166.240-166.260 and see if I can make sense of it anyway.
     
  7. Skang

    Skang WA Well-Known Member

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    just play safe, don't assume :thumbup:
     
  8. Hrethgir

    Hrethgir Beaverton, OR Active Member

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    I've got an SR9, and I feel the same way. Flipped the backstrap around to put the hump on the back of the grip, and it feels just right. Haven't shot mine for a few months, I need to get out there and put some rounds thru it.
     
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  9. gallogiro

    gallogiro Willamette Valley Active Member

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    I don't see why you would open carry unloaded, especially in the woods. Open carry is legal except for those places mentioned above. Some weird people out there and I always have something loaded on my hip when in the woods. I don't see any issues carrying your rifle and ammo as well. Look at the OFF website, lots of good info on there.

    Oregon's Only No Compromise Gun Lobby - Oregon Firearms Federation
     
  10. MinnesotaORnewbie

    MinnesotaORnewbie Oregon Active Member

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    As everyone else says, open carry, LOADED, or if you are not comfortable, keep it unloaded and in the gun case. You said it was only a 100 -300 yard walk? Hell, throw the gun that far and then you wont have to worry about the Legalitys of carrying it. :) I'm only kidding. Enjoy your rights....Pack Heat
     
  11. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    I actually couldn't find the exact spot I was told about and ended up finding a convenient spot right next to the gravel road. Had to Walk through a few high weeds to set up my targets but had a good backstop and all.
    I think I got it figured out on open loaded carry, now still trying to figure out for sure is it "concealed carry" in a backpack unloaded. And does the ammo have to be in another bag or something.
     
  12. BDA.45

    BDA.45 oregon Well-Known Member 2016 Volunteer

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    Think of it this way, if it were in a case would it be concealed carry? If it were in a case in your pack would it be concealed carry? No. Its not concealed carry. Use your backpack as the "case" and put the mags into your pocket. Its not like your tromping through downtown Portland.
     
  13. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    Found this on the net but it's from 2009, still digging.


    Hiking with a Concealed Firearm in Oregon: Legal or Not?



    Many Oregonians mistakenly believe that there is an exception for hiking on public lands with a concealed weapon. If you are hiking with a concealed firearm without a concealed handgun license, you'd better have current hunting tags, a shooting club card, or a fishing pole and be prepared to prove such at a jury trial.

    The safer bet is to get a CHL, even if you never plan to carry on a day-to-day basis. Many Oregonians get a CHL just for transporting firearms or to be safe on a hiking trail.

    ORS 166.250 is the statute that prohibits carrying a concealed firearm on your person or readily accessible within a vehicle. ORS 166.260 sets forth the exceptions:

    (1) ORS 166.250 does not apply to or affect:
    * * *
    (h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
    * * *
    (2) [Except for convicted felons], 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.

    Mike Arnold,
    Attorney at Law
    Arnold Law Office, LLC
    Eugene, Oregon
     
  14. ocarolan

    ocarolan Portland, Oregon Well-Known Member

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    I read Kevin's book and believe bag carry of an unloaded revolver would qualify as concealed carry in Oregon. Others could confirm.

    If you don't have a CHL, best to open-carry the revolver, assuming you're not 1000 ft of a school. Or use a locked case.
     
  15. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    I read all of 166.250 and it mostly talks about vehicle transport. I read something about a trigger lock making it not readily accessible also. Then there was this;

    "Person violates pro*hi*bi**tion against carrying concealed firearm only if firearm is opera*tional, or can promptly be made opera*tional, at time per*son allegedly carries firearm concealed. State v. Briney, 345 Or 505, 200 P3d 550 (2008)"

    That sounds vague doesn't it? All this BS for something that should be a right. Anyway if I have to carry one concealed in a backpack I'm gonna use a trigger lock to be on the safe side until I can swing a CHL.
     
  16. ocarolan

    ocarolan Portland, Oregon Well-Known Member

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    Technically, carrying in a bag, box, or case still qualifies as concealed carry in Oregon. Even walking home from Bimart with a new gun (in its case) would qualify. The case would need to be locked or in the trunk of a car. This is explained in Kevin's book, if I remember correctly.
     
  17. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    Yes ocarolan, a locked case works also. I wonder how many times we break laws just transporting weapons from house to vehicle to gun shop to......? This kind of stuff is another reason gun owners shouldn't give an inch on ANY new gun laws. We have too many stupid laws to stop stupid people from doing stupid things. As Ron White said, "You can't fix stupid!".
     
  18. MinnesotaORnewbie

    MinnesotaORnewbie Oregon Active Member

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    Unloaded in a back pack is not considered concealed. Don't have to have ammo in a separate bag, and your good to go with a loaded mag, in the same bag as gun as long as it is not in the gun.
     
  19. MinnesotaORnewbie

    MinnesotaORnewbie Oregon Active Member

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    how is this possible, its not accessible in any of the following you mentioned.

     
  20. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    Could you point me to a law or is this just common knowledge? I know the law talks about if your on your way to an established range.