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Open carry in a vehicle.

Discussion in 'General Firearm Discussion' started by the4thshake, Aug 4, 2009.

  1. the4thshake

    the4thshake Portland Active Member

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    If I am openly have a handgun on my hip where legal to do so in Oregon....Is it legal to hop in my vehicle and drive with the handgun still on my hip? It is still openly carried on my hip but the seating positon may obscure it from view. What is the law in this perticular situation?
     
  2. NK777

    NK777 West of Portland Member

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    I believe they consider carrying in a vehicle loaded illegal unless you have a CHL. I think it's r e t a r d e d but I do believe that's the law.

    Okay Mod's this really needs to be fixed. R e t a r d e d is not a bad word and it was common place when I was growing up when describing someone quite politically correctly that was mentally challenged. The literal definition of the word means "slow". Any chance we could go through and edit the word sensor here?
     
  3. darkminstrel

    darkminstrel PDX Well-Known Member

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    The only way to do it legally is to pull the mag, empty the chamber and put your ammo in the trunk.
     
  4. the4thshake

    the4thshake Portland Active Member

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    Thanks for the answers guys.
     
  5. CEF1959

    CEF1959 Willamette Valley, Oregon New Member

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    I think that's right in Portland and certain other cities in Oregon, but I don't think it's correct in most of Oregon.

    ORS 166.250 makes it a crime to carry "any firearm concealed upon the person" or to possess "a handgun that is concealed and readily accessible to the person within any vehicle." Note that open carry is not prohibited by that statute, even in a vehicle.

    ORS 166.173 permits a local government (like a city) to ban loaded firearms "in public places" and the Oregon Court of Appeals has interpreted that to include a vehicle. But CHL licensees are exempt from that. So loaded firearms anywhere in the vehicle are illegal for non-CHL licensees in certain cities in Oregon.

    So here is what (I think) the Oregon statutes amount to on this issue:

    1. You can carry openly and loaded in a car in most of the state. Just don't try to conceal the weapon unless you have a CHL. [Safety tip: if you get pulled over, keep your hands on the wheel and immediately point the firearm out to the officer].

    2. In those cities like Portland and Eugene that ban loaded firearms possession in public, you can't have the firearm in your vehicle at all if it's loaded. Unless you have a CHL, in which case #1 above applies. Even in those locations, you can have it unloaded so long as it's not concealed. It's no defense to a concealed weapons charge that the gun was unloaded.
     
  6. Jamie6.5

    Jamie6.5 Western OR Well-Known Member

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    <snip>

    166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect: <snip>

    (2) 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.
     
  7. Grizzly_A

    Grizzly_A Portland Metro Area Member

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    I'm always on my way to or from a hunting expedition....

    Yesterday I was hunting brass jags and patches. Today I'm hunting ammo.
     
  8. Jamie6.5

    Jamie6.5 Western OR Well-Known Member

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    There ya go! Oh wait,... Do you have your hunting license?
     
  9. CEF1959

    CEF1959 Willamette Valley, Oregon New Member

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    Heh. Good catch, Jamie. Having a fishing license and a rod and reel in your rig is always a good backup if you're carrying in a vehicle.
     
  10. Jamie6.5

    Jamie6.5 Western OR Well-Known Member

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    There may be a reason to buy a range membership in there too. We all use public land for practice/plinking from time to time, but after reading the law, using "going target shooting" as a reason may not cut it.
     
  11. NK777

    NK777 West of Portland Member

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    This is all very interesting because it contradicts my understanding of the open carry law. I have a CHL so it is not an issue for me. Better make damn sure what the law is and what the law isn't before you try it. I'd suggest you contact your local Sheriff's office and ask for clarification.
     
  12. gunnails

    gunnails Hillsboro Active Member

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    ================================================

    How so, just curious?
     
  13. CEF1959

    CEF1959 Willamette Valley, Oregon New Member

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    Right. Gotta have the range membership and be going to or from the range to be covered by that exemption from the concealed carry ban.
     
  14. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    I was told by 3 police officers that the handgun would need to be on the dash or anywhere visible from outside the car.
     
  15. CEF1959

    CEF1959 Willamette Valley, Oregon New Member

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    Could be different in Washington, but I think that's good advice in Oregon too. In Oregon, it's a crime if someone "Possesses a handgun that is concealed and readily available to the person within any vehicle." ORS 166.250(1)(b).

    If you can't see it from outside the vehicle looking in, it's probably "concealed" for purposes of that statute. But that would make it OK for it to be on the seat next to you or the floor of the passenger seat. [Not under a pile of dirty jockeys....]

    Close case might be in plain sight on the back seat floor in a vehicle with heavily tinted windows that are rolled up.
     
  16. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    It was in Oregon
     
  17. ORBrit

    ORBrit Eugene Member

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    It took 3 of them to stop you huh? :D
     
  18. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    It took 12.........only 3 survived.:cool:
     
  19. NK777

    NK777 West of Portland Member

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    :bluelaugh: :thumbup:
     
  20. Brandon44647

    Brandon44647 Portland Member

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    I own a Jeep Liberty , so If I'm going target shooting in the hills is it ok to keep everything in plain sight in the back of my Jeep ? (ammo, guns) or can they be in their respective cases ? this is getting very confusing. I hope to get my CWP soon, that would make it easier to transport "things" while on the road. I don't know about the rest of you but having my "toys" in plain sight isn't a very comfortable feeling for me.