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OR Loaded?

Discussion in 'Legal & Political Archive' started by RicInOR, Feb 13, 2013.

  1. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    What constitutes Loaded in Oregon?
    - specifically for a semi-auto pistol.

    I searched and got 20 pages of results so if there is a post with the answer please point me at it.
    I also checked on OFF and didn't find the definition there.

    I have read somewhere that in some jurisdictions that loaded means having cartridges in the firearm.
    In other places, you have to have a round in the chamber - so a full mag in the gun does not a loaded firearm make.

    Thank you,
     
  2. DireWolf

    DireWolf Oregon Active Member

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    More than 16 beers, or 1/2 bottle of Wild Turkey.
     
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  3. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Lightweight.

    Loaded in most cases means any ammo in the firearm whether in the mag, tube or chamber.
     
  4. DieselScout

    DieselScout S Clackamas County Well-Known Member

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    This is loaded for sure!


    Whats better 1911 or Glock?

    Watch out its going to go off!

    In all seriousness have you looked to see if there is a definition in the ORS? If it is something city specific you'll have to check each cities code, there is no "clearinghouse" for all that information.
     
  5. DireWolf

    DireWolf Oregon Active Member

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    He said loaded.

    Inoperable takes more rounds.
     
  6. M67

    M67 NW Oregon Active Member

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    1 person likes this.
  7. civilian75

    civilian75 Hillsboro, OR Well-Known Member

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    IMHO, for all legal purposes, consider "loaded" = "rounds in the firearm or easily accessible". For instance, if you carry your gun unloaded, but you have a full magazine, a speed loader or a few loose rounds in your pocket, it is still "loaded". In other words, the gun must be rendered a club.
     
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  8. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    166.210 Definitions. As used in ORS 166.250 to 166.270, 166.291 to 166.295 and 166.410 to 166.470:
    Does not define loaded - refers to Machine guns with the term.




    166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise:
    [[ POSSESSION OF WEAPON OR DESTRUCTIVE DEVICE IN PUBLIC BUILDING OR COURT FACILITY ]]
    (3) “Loaded firearm” means:
    (a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.
    (b) A muzzle-loading firearm which is capped or primed and has a powder charge and ball, shot or projectile in the barrel or cylinder.


    But that is only in that one short section - and what is loaded in a court room may not be loaded in a library, or on your person with a valid CHL while in the parking lot of a school.


    Hence my questioning ...
     
  9. Oathkeeper1775

    Oathkeeper1775 Coast Range Well-Known Member

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    my 2 cents;

    If it comes down to a ticket or indictment, it wouldn't matter what anyone in this forum shares with you, in these cases where interpretation can be variable, the best way to go is trust your own judgement or call a lawyer.

    IMO I interpret a firearm without ammunition as being a hammer.

    Some people think "Obama care" is a tax..............

    Oregon is a state where anglers and/or hunters are allowed to carry a concealed FA going to and from, and during a hunting or fishing expedition. ORS 166.260 3b.

    Here is the link I can offer for you to read.

    Oregon Concealed Law - OCHLC
     
  10. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    Odd thing about that, is that it's illegal to shoot across the water.
     
  11. solv3nt

    solv3nt Portland Well-Known Member

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    Oregon is an open carry state, which allows you to open carry with a loaded firearm. Portland, Beaverton, Eugene, Salem, and other communist cities have laws regulating open carry. These laws only apply to you if you DON'T have a CCL. I don't know about Beaverton, but here's the Portland City Charter:

    14A.60.010 Possession of a Loaded Firearm in a Public Place. - Printable Version
    (Amended by Ordinance No. 184274, effective December 31, 2010.)
    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.
     
  12. Asp

    Asp Oregon, the promise land. Active Member

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    What if you skip breakfast?
     
  13. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    That is breakfast.
     
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  14. Oathkeeper1775

    Oathkeeper1775 Coast Range Well-Known Member

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    Yeah, I know but; "Judged by 12 or carried by 6".
     
  15. DireWolf

    DireWolf Oregon Active Member

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    Beer is like toast with less flour.