Open carry in Portland

[wichaka]

It is sad to see so many LE's not knowing the gun laws, and worse giving the "We'll let it go this time" kind of speech.

Part of that rests with the general public as well. What was the call they got, as they told you? A man running around with a gun.
There's the first problem, the public exaggerating the facts, making things worse than they are, putting an alarm in the responding LE's, thinking they may be up against some kind of mad man.

Not only do LE's need to be updated, but the general public as well.

All lot of people just need to be educated.

 

[stitchclimber]

OK, do you remember EXACTLY which day this happened? What time? What did the officer look like?

You need to immediately file a complaint against the officers.

Here's the link:

http://www.portlandonline.com/auditor/index.cfm?a=7372&&c=27067

If you were in Washington I would refer you to a local attorney that I know that would take these cases on contigency. Unfortunately I do not know any similar attorneys in Oregon, but I'm looking for one!

Sorry, I don't remember, it was summer when it happened. I was somewhat taken back at the whole ordeal. and I didn't get the officers names or anything. Next time this happens I'll be more prepared.

 

[Trlsmn]

The fact that they "Let you off the hook this time" makes it sound like they had no foundation of a reason to arrest you.

There is no doubt that if they could have arrested him they would have arrested him.

 

[CharlesAFerg]

Sorry, I don't remember, it was summer when it happened. I was somewhat taken back at the whole ordeal. and I didn't get the officers names or anything. Next time this happens I'll be more prepared.

I'm sorry to hear that, man. I can relate.

 

[SKN]

If you're looking for legal guidance, Clackamas County Public Safety Training Center will be hosting a full day Armed Citizens' Legal Issues Seminar on Sunday, 22 March, starting at 0830. The presenter is Debbe von Blumenstein, who is a practicing attorney in Oregon with experience defending armed citizen cases. She's a graduate of Lethal Force Institute use of force program.
Info at 503.794.8065.

 

[Trlsmn]

Tag

 

[PlayboyPenguin]

I can tell you from personal dealings with the Portland police that you WILL be arrested if you are caught open carrying in Portland.

We went back and forth with them about this a year or two ago regarding open carry during a parade and was told in no uncertain terms that any person open carrying inside city limits would be arrested for disturbing the peace. No exceptions would be made for the parade.

The lawyers pretty much said there was nothing we could do unless we wanted to get arrested and spend the money to fight the system. They also added to not expect any financial help from any of the pro-gun groups.

 

[Trlsmn]

I can tell you from personal dealings with the Portland police that you WILL be arrested if you are caught open carrying in Portland.

We went back and forth with them about this a year or two ago regarding open carry during a parade and was told in no uncertain terms that any person open carrying inside city limits would be arrested for disturbing the peace. No exceptions would be made for the parade.

The lawyers pretty much said there was nothing we could do unless we wanted to get arrested and spend the money to fight the system. They also added to not expect any financial help from any of the pro-gun groups.

This is the difference between Idealism and Realism.

 

[Keane]

I can tell you from personal dealings with the Portland police that you WILL be arrested if you are caught open carrying in Portland.

We went back and forth with them about this a year or two ago regarding open carry during a parade and was told in no uncertain terms that any person open carrying inside city limits would be arrested for disturbing the peace. No exceptions would be made for the parade.

The lawyers pretty much said there was nothing we could do unless we wanted to get arrested and spend the money to fight the system. They also added to not expect any financial help from any of the pro-gun groups.

What the ****? Why wouldn't the OFF help? This seems like exactly the type of thing they would help with.

Edit to add:
I researched, and it seems disturbing the peace is a misdemeanor only, so its little more than a ticket and a few days in jail. You could fight this pretty easily, and the penalty isn't much for losing.

I'm still a little surprised that OFF wouldn't help, or some lawyer wouldn't take it pro-bono for the chance to get cash from the city for illegal detainment/etc...

 

[PlayboyPenguin]

What the ****? Why wouldn't the OFF help? This seems like exactly the type of thing they would help with.

The lawyer I spoke to who works with the NRA from Salem said these battles are not ones the gun groups are interested in since they are not high profile enough and there are no real laws that need changing. You simply cannot remove disturbing the peace laws.

 

[tonyspdx]

Portland, Beaverton, Oregon City restrict open carry, UNLESS you have a Oregon Concealed Handgun Permit. Those cities have "ordinances" that are written very similar to each other. Oregon as a state, has NO law restricting open carry.

 

[Trlsmn]

Portland, Beaverton, Oregon City restrict open carry, UNLESS you have a Oregon Concealed Handgun Permit. Those cities have "ordinances" that are written very similar to each other. Oregon as a state, has NO law restricting open carry.

We are speaking of open carry with a CHL in the context of this tread, and it is legal, but prepare to be arrested every time you go out open carry, not to mention your chances of being shot by a nervous police force go up exponentially.

 

[Bend]

Portland, and at least one other city (don't remember which) have used a semi-loophole in the Oregon State firearms laws.

Basically, they do not allow for open carry. But they can not forbid concealed carry as long as you have a CHL. To my knowledge this is a very fine line between State Constitution and local Law.

It is also my knowledge, please do your own checking, that Rifles/Shotguns can not technically be controlled in this fashion, only Pistols.

Need a good lawyer to get his opinion that none of us can quote, but at least have a point of reference to research.

M

ORS 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:
...

(2) This section does not prohibit:
...

(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.

ORS 166.260 Persons not affected by ORS 166.250. (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.



A handgun is absolutly legal for open carry. The other "firearms" are in a gray area. A court would have to figure it out.

 

[CharlesAFerg]

Portland, Beaverton, Oregon City restrict open carry, UNLESS you have a Oregon Concealed Handgun Permit. Those cities have "ordinances" that are written very similar to each other. Oregon as a state, has NO law restricting open carry.

We are speaking of open carry with a CHL in the context of this tread, and it is legal, but prepare to be arrested every time you go out open carry, not to mention your chances of being shot by a nervous police force go up exponentially.

Portland has an ordinance against loaded carry, not open carry. This has been addressed multiple times in this thread already.

 

[Trlsmn]

Portland has an ordinance against loaded carry, not open carry. This has been addressed multiple times in this thread already.

The way I read, it is still OK to Loaded (openly) carry with a CHL technically. Am I reading correct? This stuff can have you chasing your tail.

 

[tonyspdx]

In the absents of a specific law i.e "open carry" which is legal in Oregon but not within certail city limits. Portland doent have anything against open carry only loaded weapons, but CHL owners are omitted from this ordinance.

14A.60.010 Possession of a Loaded Firearm in a Public Place. - Printable Version



A. It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the firearm.

B. It is unlawful for any person to knowingly possess or carry a firearm and that firearm’s clip or magazine, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the clip or magazine.

C. The following are exceptions and constitute affirmative defenses to a violation of this Section:

1. A police officer or other duly appointed peace officers, whether active or honorably retired.

2. A member of the military in the performance of official duty.

3. A person licensed to carry a concealed handgun.

4. A person authorized to possess a loaded firearm while in or on a public building under ORS 166.370.

5. A government employee authorized or required by his or her employment or office to carry firearms.

6. A person summoned by a police officer to assist in making arrests or preserving the peace, while such person is actually engaged in assisting the officer.

7. A merchant who possesses or is engaged in lawfully transporting unloaded firearms as merchandise.

8. Organizations which are by law authorized to purchase or receive weapons from the United States or from this state.

9. Duly authorized military or civil organizations while parading, or their members when going to and from the places of meeting of their organization.

10. 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.

11. Persons travelling to and from an established target range, whether public or private, for the purpose of practicing shooting targets at the target ranges.

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

13. A person authorized by permit of the Chief of Police to possess a loaded firearm, clip, or magazine in a public place in the City of Portland.

14. A security guard employed at a financial institution insured by the Federal Deposit Insurance Corporation while the security guard is on duty.

D. It is unlawful for any person who possesses a firearm, clip or magazine in or upon a public place, or while in a vehicle in a public place, to refuse to permit a police officer to inspect that firearm after the police officer has identified him or herself as a police officer. This Section does not apply to law enforcement officers or members of the military in the performance of official duties, nor persons licensed to carry a concealed handgun or persons authorized to possess a loaded firearm, clip or magazine while in or on a public building or court facility.

 

[Trlsmn]

11. Persons travelling to and from an established target range, whether public or private, for the purpose of practicing shooting targets at the target ranges.

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

For these two reasons I keep my membership to Johnson Creek Gun club and my fishing license current and tell other people to join a Club.

 

[Keane]

For these two reasons I keep my membership to Johnson Creek Gun club and my fishing license current and tell other people to join a Club.

Or just get a CHL, and you are covered 100% of the time everywhere in the state except jails, courtrooms, and the secure portion of the airport.

 

[Doc In UPlace]

I hope Seattle's mayor Nickels doesn't read this. Those are some wacky laws, there.

Looks like tonyspdx found the prize statute. Nice work.

 

[Trlsmn]

Or just get a CHL, and you are covered 100% of the time everywhere in the state except jails, courtrooms, and the secure portion of the airport.

I've had one longer than I can remember, think redundancy.