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Open Carry in a car?

Discussion in 'Legal & Political Archive' started by wired, Jun 25, 2015.

  1. wired

    wired Yakima Well-Known Member

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    I understand that it is legal to open carry inside a vehicle in Oregon if you do not have a concealed carry license unles syou are in a commie jurusdiction that does not allow open carry. In any case what does open carry in a car mean? Does it have to be on the dash?
     
  2. solv3nt

    solv3nt Portland Well-Known Member

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    Get a fishing license and a fishing pole, then you're allowed to carry concealed if you're going to and from fishing.
     
  3. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    Weapon in a holster on your hip while seated in the car is not considered "concealed." I'm pretty sure it even says that in the ORS.
     
  4. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    wut
     
  5. 40calruler

    40calruler Lake Oswego Well-Known Member

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    If you are headed to go fishing you are allowed to open carry a gun without a permit.
    Open or concealed as was said above. Camping, fishing and many outdoor activities allow you to carry a loaded firearm without a permit.
     
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  6. Jamie6.5

    Jamie6.5 Western OR Well-Known Member

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    IIRC going to or coming from hunting or fishing activities, or when going to/coming from a shooting range, you are allowed to carry concealed without a permit.

    But you'd better have proof, and look the part. You'll never convince a cop or a judge you were headed to the ol' fishin' hole wearing wingtips and business attire.
     
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  7. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    You wouldn't catch me chancing it. That's putting WAY too much trust in the discernment of the cop holding your liberty in his proverbial hands.
     
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  8. Foreverlost

    Foreverlost South of LesbianVille, OR. Active Member

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    "trust in the discernment of the cop"............that can be an issue; could go either way.

    A while back without a CHL and fling'en a flyrod in a National Forest here in Orygun twas packing heat with a shoulder holster under the fish'en vest.

    In my favor it was lunch time and my arse happened to be firmly planted on the tailgate of the SUV, shoulder holster, etc now on the bed of the vehicle (in open sight). A white vehicle pulls into the parking area............National Forest Ranger type dressed for war. Time to step away from the weapon while chewing on a chicken bone and sipp'en a soft drink.

    Ranger type asked how was the fish'en? Of course standing there in chest waders, etc........the answer was nothing brought to hand yet. Admitting to the act of fish'en........Ranger type wanted to see a license.........I gave him the fish'en license and drivers license REAL SLOW, kept the hands where he could see every move. He promised not to bother me for the rest of the day and went on his way. Ranger Type kept an eye on the holster & gun all the while.

    Keep it peaceful & fingers crossed.

    Foreverlost,
     
  9. ConcreteJungle

    ConcreteJungle Eugene Well-Known Member

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    just get a CHL and call it a day
     
  10. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    And if there is a reason you can't get a carry permit/license/WTF you want to call it,all the aforementioned advise is out the window when the cop runs you.
     
  11. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    I believe there are things that can disqualify someone from CHP but not prohibit gun ownership, aren't there? I don't know any off the top of my head, but that's been my understanding.
     
  12. wired

    wired Yakima Well-Known Member

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    I havent had a CHL in Oregon since I moved here 5 years ago. Had one in Washington (more so I could buy pistols without the waiting period ) for 20 years but now I pretty much go to work home and the grocery store in The Dalles. Not exactly a "beat up on the 6'4" 225 lb
    white guy " sort of place. Never saw much need for one. I don't carry concealed. If I'm hiking I open carry a big revolver of some sort usually.
     
    Last edited: Jun 25, 2015
    Brutus57 likes this.
  13. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    As long as you don't meet a prick for a cop,then it works fine not having one
     
  14. ConcreteJungle

    ConcreteJungle Eugene Well-Known Member

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    Me too, hiking = open carry.
     
  15. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    OC is allowed everywhere.

    LOADED carry w/o CHL is restricted in the commie lands.

    The term is "openly visible from a walk around". It's open for interpretation.

    I've had mine on passenger seat-pre CHL and pulled over 11:00pm and been mean mugged. Nothing happened at the stop (profile stop).

    Visible from a walk around.
     
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  16. ConcreteJungle

    ConcreteJungle Eugene Well-Known Member

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    It's all dependent on the LEO. I've been pulled over for a traffic stop and have had the LEO pull me out of the vehicle to secure my concealed carry for the duration of the stop and I've had LEO's ask me where it is and just say don't reach for it. My reaction to it is always, "yes sir office/deputy/trooper". They've always been very nice and professional with me...possibly because i'm in a suit/tie.
     
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  17. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    you should interpret the law for yourself: http://www.oregonlaws.org/ors/166.250

    the way I see it its legal in a holster on your hip or in plain sight (such as on the dash) but the latter isnt something I would ever do.
     
  18. edslhead

    edslhead Vanc Gold Supporter Gold Supporter Silver Supporter Bronze Supporter

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    You guys sure get pulled over a lot. I haven't been in 15 years.
     
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  19. solv3nt

    solv3nt Portland Well-Known Member

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    166.250. (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 a person with mental illness 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 paragraphs (b) and (c) 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, other than a vehicle described in paragraph (c) of this subsection, 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.


    (c) If the vehicle is a motorcycle, an all-terrain vehicle or a snowmobile, a handgun is not readily accessible within the meaning of this section if:

    (A) The handgun is in a locked container within or affixed to the vehicle; or

    (B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm.

    (5) Unlawful possession of a firearm is a Class A misdemeanor.

    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:

    (A) The Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the National Guard, when on duty;

    (B) The commissioned corps of the National Oceanic and Atmospheric Administration; or

    (C) The Public Health Service of the United States Department of Health and Human Services, when detailed by proper authority for duty with the Army or Navy of the United States.

    (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.

    https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors166.html
     
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  20. Nick Burkhardt

    Nick Burkhardt NE Oregon Well-Known Member

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    When I was younger, drove crappy cars, and was tan from working in the sun, I would get pulled over every few months. I must not fit the profile anymore.
     
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