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Discussion in 'Handgun Discussion' started by lilsqueve2003, Jan 15, 2013.
Per opencarry.org (See that page for links to the actual Oregon statutes,) you only need to be 18 to open carry in Oregon.
Caveat: Certain cities (including Salem,) limit loaded open carry. So without a CHL, you would have to carry the weapon unloaded. (Portland also specifies that a loaded magazine is banned - and while that particular addendum has never been tested in court to my knowledge, it might be safe to just have no ammunition on her at all when open carrying without a CHL. ESPECIALLY in a protest where there are guaranteed to be other weapon-carriers, where she won't need to make her point. You can just carry her loaded magazine for her.)
Are you kidding. I never carry an unloaded weapon.
Salem bans open carry (loaded or unloaded) by non-CHL holders. It's best to not have her carry
95.095. Loaded Firearms.
(a) It shall be unlawful for any person to possess a loaded firearm, whether the shell or cartridge is a blank or is live ammunition, while in a public place as defined in ORS 161.015.
(b) Nothing in subsection (a) shall apply to:
(1) A law enforcement officer in the performance of official duty.
(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.
I didn't find anything prohibiting open carry.
My 18 year old son was harassed by Silverton police last night, due to an unloaded handgun in the back seat of his girlfriends car, the handgun was his. His girlfriend was pulled over for speeding through town. As soon as the officer was at the car window he let the officer know that the gun was there and unloaded, thinking that was the right thing to do. Well after some discussion they seized his handgun. Now they indicated that someone over 21 years old needed to pick it up. Is this right?
No, legal age to possess a firearm is 18. That said, you may need a lawyer.
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 or section 5, chapter 826, Oregon Laws 2009, 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 a 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. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8; 2009 c.499 §1; 2009 c.595 §112; 2009 c.826 §8a; 2011 c.662 §1; 2013 c.360 §6]
Note: The amendments to 166.250 by section 11a, chapter 826, Oregon Laws 2009, become operative January 2, 2016. See section 14, chapter 826, Oregon Laws 2009, as amended by section 23, chapter 826, Oregon Laws 2009, and section 2, chapter 448, Oregon Laws 2011. The text that is operative on and after January 2, 2016, including amendments by section 2, chapter 662, Oregon Laws 2011, and section 7, chapter 360, Oregon Laws 2013, is set forth for the user’s convenience.
Thank you for the response. To finish the story Last night the Silverton Police Officer, during his shift called my son and made arrangements to deliver the handgun to our house Salem. In the conversation with the Officer, the Officer admitted he was not accurate in seizing my son's handgun. He had researched the law and has an better understanding now. Everything turned out well but if my son had not stood up for his rights(respectfully, even the officer said he was very respectful) it may have turned out rather ugly and probably messy. Again thank you for the response it was appreciated.
I think that demonstrates the difference between Rural and Urban police...
I'm very glad things went well, and your sone is to be commended for being respectful; it happens too rarely.
They key to winning an argument, know more than the other guy. When dealing with the police, be respectful and don't let your ego win over your nerves. If you are in the right, politely ask for a supervisor. Otherwise, within the laws, obey the cop, and sort it out in the morning to prevent tempers from flaring. It's easier for your ego to take a hit and file a lawsuit than it is to bring the dead back to life.
@Freedom Lover - that is a good example. We loose our rights if we don't insist upon them. However, being respectful, and following the orders of the police is the proper response. I am happy to hear the officer acknowledged his mistake and made it right.
On the side of the road with the cop is not the time, nor the place, to fight the injustices of our legal system.
Kudos to the officer for admitting he was in the wrong in a respectful and professional matter.
Mmmmm..... that'd depend ENTIRELY upon my mood at the time. Fortunately I've never been cranky during the very few times I've had LEO interactions.....