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OR state parks and CWP?

Discussion in 'Legal & Political Archive' started by sneakboxer, Apr 4, 2012.

  1. sneakboxer

    sneakboxer NW OR Active Member

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    After hiking in a remote park in western Oregon yesterday i noticed a sign that said no firearms. It seemed to me that the sign/rule was to prevent hunting and target shooting and not CWP holders. I should probably know this but i don't. Can you carry concealed on state parks in OR?
    Thanks for the help, just trying to stay legal.
     
  2. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    I'm not a lawyer, thus mileage may very.

    It is my understanding that in Oregon, the CHL permits carry of firearms in State Parks. And by extension, at a Federal level because Oregon allows CHL and Obama didn't override it, you can also carry in National Forests and National Parks. As for the no firearm signs, lots of places have no firearm signs but few of them have the right to enforce them.

    I will note, that 'firearm hunting' laws get really sticky though. But they apply to people who are hunting, of course you proving that you weren't trying to hunt is where the rubber meets the road.

    Concealed, is Concealed.

    M
     
  3. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    If it was a State Park you do not need a CHL and there should not been a sign (unless it was F&W and then only applies to long guns), if it was a county or other park, you do need some type of carry license to open carry loaded, CHL works, but so do others. You need to look at the law cited to figure that part out. You do need an OR CHL if you conceal anywhere in OR.

    As for the concealed statement, completely out of line. If you will read ORS 166.173, you will see that the state law allows local giovernments to prohibit unlicensed LOADED (and only loaded) OC under certain circumstances. However, it gives the local governments NO right to restrict ANY open carry with a license, any governmental authority's license (Yes, My WA CPL too)

    In OR you need an OR (only, no other state's license will do) CHL to conceal, or to enter a public building, but any license to carry from any governmental entity is enough to Open Carry Loaded in a local government area that restrict UNLICENSED LOADED OC. Read the law.

    If you read 166.173, you will find two exemptions, one exemption states:
    (ORS 166.173(2)(C) "A person licensed to carry a concealed handgun". The second one states:
    (ORS.173(2)(d) "a person authorized to carry a loaded firearm while in a public building or court facilty under ORS 166.370...and ORS 166.370(3)(d) specifically states a person licensed under ORS 166.291 and .292

    As you all know, a person that does not have an OR CHL, cannot conceal in OR, or enter a public building...However, a person that has a license to carry, may carry openly, and loaded in an area a local government has restricted loaded carry per ORS 166.173

    Morpheus, OR is not TX, you do NOT have to conceal...OR is an Open Carry state, just like WA, ID, NV, MT, etc, etc.
     
  4. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    Yes, yes. I know this. I was kind of a keep your weapon concealed to avoid hassle mood this morning when I replied. Having legally carried open and concealed, I prefer concealed. I like the advantaged of being underestimated.

    M
     
  5. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    Not completely true. You may conceal a loaded weapon while hunting, fishing, or at the shooting range, or while going to or returning.....


    See OR 166.260 where it lists exceptions to the crime of carrying a concealed weapon.

     
  6. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Ah yes, missed that, thanks...same here in WA, except the "recreation" exemption is larger here (includes, camping, hiking, horseback riding,,,,etc.
     
  7. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    As you probably noted, I OC almost exclusively (I only conceal if I am wearing a coat for the weather). Why?
    #1: Comfort,
    #2: to deter anyone from thinking I may be a suitable victim (40+ years experience, and only had one case, and that was because the BG could not see my holstered pistol,,,and when he did, he did an about face and left in a hurry) I have no desire to use my weapon for anything but a deturance...had enough live fire in Vietnam.
    #3: to be able to show and tell others that it is perfectly legal, and a good thing. A political statement if you wish.

    OC has never been a problem for me. I don't carry a recorder, or even own a video camera. Never had the need for one. And yes, that is in over 40 years...since July 1970 when I was first told by a person the OCd, why not, it's legal.
     
  8. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    Hmm. Well, I'll say that I commend you. I know my day to day life doesn't lend to open carry without a lot of interference by the uneducated masses. If I thought I could do it more often, I might. It is actually very neat to know people do it all of the time.

    M
     
  9. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Come on up into the Okanogan...it may be a dissapointment though...cause no-one will notice.

    Forgot to add: If you are an OR resident, and you do not have a WA CPL, unlicensed OC is your only choice, however, unlike OR, you do NOT need to concern yourself with local got-ya's, there is no leaway for local governments here, everthing is state law.

    Oh, sorry, I did not add everything...you might want to read RCW 9.41. RCW 9.41.060 also gives a unlicensed CC exemption who is participating in an outdoor recreational activity...hunting and fishing, like in OR, but also camping, hiking, horseback riding, sking,,etc. Like OR, this exemption goes from door to door...so I guess you can CC here if you want,,,,:)