Open Carry question... no debate!!!

Benny503 · Sep 5, 2009

I had read many posts debated about open and conceal carry. I have no problem with people open carry, I myself prefer conceal carry that just my choice. I dont want to start a new thread for debating open carry. All I want is to clearly understand about open conceal carry law. Do people carry open have to have a conceal carry permit?

gunnoob75 · Sep 5, 2009

Sort of.

Portland and Beaverton, and others that I can't remember, have ordinances against open carry of LOADED guns. However, CHL holders are exempt from it. So, to carry ANYWHERE in the state, with a LOADED gun; Yes. You need your CHL.

shibbershabber · Sep 5, 2009

Agreed.

Open carry in Oregon = OK w/no CHL

unless in Portland or Beaverton... then, no open carry at all.

Concealed Carry anywhere in Oregon = must have CHL

NK777 · Sep 5, 2009

shibbershabber said:
Agreed.

Open carry in Oregon = OK w/no CHL

unless in Portland or Beaverton... then, no open carry at all.

Concealed Carry anywhere in Oregon = must have CHL

True but those aren't the only city's that have effectively outlawed open carry for anybody without a CHL.

terrylf72 · Sep 5, 2009

Oregon Law

https://www.oregonlaws.org/ors/166.173.html
https://www.oregonlegislature.gov/bills_laws/ors/ors166.html

ORS 166.173

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

shibbershabber · Sep 5, 2009

What are the other cities?

dobanion · Sep 5, 2009

Bend isn't one of them is it? I go shooting out there and would like to keep my pistol in it's holster out in the open from the house to BLM where I go......

Chee-to · Sep 5, 2009

Benny503 said:
I had read many posts debated about open and conceal carry. I have no problem with people open carry, I myself prefer conceal carry that just my choice. I dont want to start a new thread for debating open carry. All I want is to clearly understand about open conceal carry law. Do people carry open have to have a conceal carry permit?

OK, this is from http://www.opencarry.org/ seem like some research was done, there's some good info over there...

<broken link removed>

Loaded Firearm Carry Ban Cities; [CHL holders excluded]

City of Portland Code 14A.60.010

City of Beaverton Code 5.08.240

City of Salem, Code Section 95.095

City of Tigard Ordinance 7.32.125

City of Oregon City Code 9.24.020

City of Dallas Code 5.104, Specific to City Parks

City of Independence Code 9.24.1, pre-1995 ordinance that affects various public places, that does not exempt CHL holders, go to page 95 of the .pdf file

City of Bend, Code 5.320(1)(l), Specific to City Parks Only

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]

Note the following:

1) The state of Oregon's legal environment for open carry is similar to Virginia's between 2003 and 2004, when Concealed Handgun Permit holders were exempt from any locally passed open carry bans. I do not expect a repeal of ORS 166.173 in the current political environment.

2) Though cities and counties may pass "loaded firearms" bans in public places, districts do not have this authority. This means that TriMet, Metro, Cherriots (SAMTD) and Tualatin Hills Parks and Recreation District (As an example) do not have the authority to regulate firearms in any way shape or form.

3) I expect Oregon to be much more resistant to open carry training bulletins than Washington State, suprisingly enough.

Last edited on Sat Dec 9th, 2006 12:47 am by Gray Peterson

Benny503 · Sep 8, 2009

I had read this law multiple times and waiting for some explainations. "Loaded Firearm Carry Ban Cities; [CHL holders excluded]" Is this talking about open carry or concealed carry? I find it would be two different subjects. The law said "possession of loaded firearms in public places" Is this mean I carry open? or conceal? To me possession mean I have a firearm with me and it on my body. It didn't state clearl that open or conceal, I dont want to sit infront of the judge and said "I thought possession of a firearm mean open"

el gringo loco · Sep 8, 2009

Benny503 said:
I had read this law multiple times and waiting for some explainations. "Loaded Firearm Carry Ban Cities; [CHL holders excluded]" Is this talking about open carry or concealed carry? I find it would be two different subjects. The law said "possession of loaded firearms in public places" Is this mean I carry open? or conceal? To me possession mean I have a firearm with me and it on my body. It didn't state clearl that open or conceal, I dont want to sit infront of the judge and said "I thought possession of a firearm mean open"

Most of the relevant statutes have already been quoted on this, but....understand that different aspects of open or concealed carry are covered under different statutes.

Generally speaking, it is illegal to carry a loaded firearm concealed without a chl. Another statute authorizes open carry with a loaded firearm, but allows for municipalities to place restrictions. That statute exempts chl holders from those municipal restrictions and does not require the firearm to be concealed for the exemption to take effect. So, in a "ban city" you can open carry or conceal carry if you have a chl.

It would be nice if the laws spelled everything out in one place... But than no one would need lawyers.