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Oregon CHL limitations

Discussion in 'Legal & Political Archive' started by billstaf, Mar 14, 2012.

  1. billstaf

    billstaf Portland, Oregon Active Member

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    Forgive me if this has been asked and answered already. If it has, then I must have missed it.

    I have been hearing a lot of conflicting information regarding my Oregon CHL and the limits of just where I can go carrying my weapon.

    Originally my understanding was that I could carry anywhere in the state with the exception of Federal facilities. Also, that my Oregon CHL allows me to carry open if I should choose to do so. (I don't, but would like to know if I can or not).

    Lately I was corrected by a blog poster on the Oregon Live web site who claimed that my CHL was limited and that most state or county buildings (courthouses, schools, libraries, etc.) do NOT allow a CHL licensee to enter their area armed.

    I've been to the O.F.F. site and they seem to claim that I can go anywhere I want with my carry weapon. Maybe they are right and maybe not.

    The State of Oregon web site is pretty vague about this.

    Does anybody have a solid answer for this? Or perhaps know where I can find out for sure?

    I'd be interested in learning about Washington too, as I also have a concealed license there. Same issue - conflicting information.

    Thanks in advance.
     
  2. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    In WA you can not go into anywhere controlled by the State Liquor Board. Basically anywhere a person under 21 can not be. No carry in restricted area's of jails or mental health facilities. No carry in court rooms. While you can have firearms on school property you basically can not carry. Of course all Federal laws apply too. Here is the direct link, http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.300

    Here are all of the WA gun laws, good to know, Chapter 9.41 RCW: Firearms and dangerous weapons

    WA has legal open carry.
     
  3. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    For Washington law go to RCW 9.41...very particularly 9.41.300 which is very specific what local government can or cannot do. RCW 9.41.050 give general prohibitions, and RCW 9.41.060 lists exceptions. In addition to these, there is a F&W ban on loaded LONGGUNS (only) in a vehicle, and there is another ban on carry at large, longlasting (over 4 hours) outdoor music festivals. That is about it for WA. Oh yes, one thing listed in .050 is "generally" you cannot OC loaded while in a vehicle...however, .060 gives several exemptions...remember having a CPL is only one of about 10 exceptions listed in .060. It is legal to OC loaded (or CC) while in a vehicle if you are going to or from, or participating in an outdoor recreational activity (hiking, camping, horse back riding, hunting, fishing etc) or an organized shoot.

    Oregon's ORS 166 is similar to WA 9.41. Definitions are at 166.015, what local government can restrict (if you do NOT have a license) is at 166.173. Don't remember the particular laws for other restrictions, but they are very few if you have a CHL..
     
  4. duran21

    duran21 Lacey Active Member

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    What I like about Washington law is that local cities and counties can limit on their land how ever any ordnance passed by city or county government does not apply to persons with CPLs. ^_^
     
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  5. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    What does WA law have to do with an Oregon CHL? NOTHING.
     
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  6. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    Uh, as far as I know, cities, counties, towns, etc can't do anything that disagrees with WA state law. WA state law preempts all city/county law, even if you DON'T have a CPL.
     
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  7. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Very correct but it has a lot to do with the OP's question....

     
  8. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    True, but the OP also asked about WA law. He said "I'd be interested in learning about Washington too, as I also have a concealed license there. Same issue - conflicting information." Us WA guys are just happy to help out I guess.
     
  9. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Our preemption law has NOTHING to do with CPL, RCW 9.41.290: State preemption.
     
  10. drew

    drew OR Well-Known Member

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    Court facilities are typically off limits unless the presiding judge of the district says otherwise. Public buildings are a different story because you are exempt from the no firearms restriction. The blog poster was half correct which is pretty good. A solid understanding of sections of ORS 166 and a few court decisions is enough for most people to understand Oregon's CHL limitations. They obviously don't cover federal property as they have their own rules.

    Look at ORS 166.370 Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school
    http://www.leg.state.or.us/ors/166.html
    (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.
    (2)(a) Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:
    (A) A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.
    (B) A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a law enforcement officer or to immediately remove it from the court facility. A person who fails to comply with this subparagraph is guilty, upon conviction, of a Class C felony.
    (b) The presiding judge of a judicial district may enter an order permitting the possession of specified weapons in a court facility.
    (3) Subsection (1) of this section does not apply to:
    (a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment.
    (b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.
    (c) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.
    (d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
    (e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.
    (f) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a firearm in the course of the lawful taking of wildlife.
    (g) Possession of a firearm on school property if the firearm:
    (A) Is possessed by a person who is not otherwise prohibited from possessing the firearm; and
    (B) Is unloaded and locked in a motor vehicle.
    (4) The exceptions listed in subsection (3)(b) to (g) of this section constitute affirmative defenses to a charge of violating subsection (1) of this section.
    (5)(a) Any person who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place that the person knows is a school shall upon conviction be guilty of a Class C felony.
    (b) Paragraph (a) of this subsection does not apply to the discharge of a firearm:
    (A) As part of a program approved by a school in the school by an individual who is participating in the program;
    (B) By a law enforcement officer acting in the officer’s official capacity; or
    (C) By an employee of the United States Department of Agriculture, acting within the scope of employment, in the course of the lawful taking of wildlife.
    (6) Any weapon carried in violation of this section is subject to the forfeiture provisions of ORS 166.279.
    (7) Notwithstanding the fact that a person’s conduct in a single criminal episode constitutes a violation of both subsections (1) and (5) of this section, the district attorney may charge the person with only one of the offenses.
    (8) As used in this section, “dangerous weapon” means a dangerous weapon as that term is defined in ORS 161.015.
     
  11. billstaf

    billstaf Portland, Oregon Active Member

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    Thanks everybody.
     
  12. branson4020

    branson4020 Forest Grove, OR Active Member

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    An Oregon CHL most definitely does not give you the right to "carry everywhere except federal facilities." There may be restrictions on both private and public spaces. I'll give you 2 simple examples.

    1) Washington County courthouse. It may be a public building, but, good luck bringing your weapon in there.
    2) My property. Its mine, its private, and if you want to hunt, shoot, hike or whatever, you darn well better get my permission. I may refuse to let you carry.

    I won't even go into carrying in a public University building or stadium.
     
  13. VW_Factor

    VW_Factor Woodburn Oregon Active Member

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    Private property is, well. Private property..

    Example : A piece of private property owned by someone who forbids carry or weapons on his/her land. Doesn't make it against the law to carry there, simply means you are trespassing and would be arrested if they decided to press the issue and call LE to do so.

    Your CHL "rights" end where others rights begin.
     
  14. billstaf

    billstaf Portland, Oregon Active Member

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    Look, we all know about private property. My question was about what the state says we licensed, concealed carriers can or cannot do. That would only be in reference to public property. The state doesn't dictate carry terms on private property, the property owner does. Toys-R-Us stores have a sign posted at the entrance saying that guns are not allowed. I don't like that, and I won't shop there, but I do have to respect the property owner's wishes or I'm guilty of trespass.
     
  15. branson4020

    branson4020 Forest Grove, OR Active Member

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    Its not trespass until they ask you to leave and you refuse. God knows, I've ignored a few of those signs and I suspect a lot of others have too.
     
  16. accessbob

    accessbob Molalla, OR 2A Supporter

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    Sort of. You are only guilty of trespass if they discover you are carrying and they ask you to leave and you refuse. The signs have no force of law behind them other than you can be arrested for trespass after being asked to leave and you don't. So, if they discover, and you are asked to leave. And as Smeagol in Lord of the Rings said, "Go now, and never come back."

    Public buildings (not counting Federal facilities, which are off-limits), including schools, are not off limits either, with the exception of court houses. And the law states that Concealed License holders are exempt from Section 1 of ORS 166.370 (see Section 3 ORS 166.370 sub section d).

    As for open carry, Oregon is an open carry state HOWEVER, localities and counties have been given latitude by the legislature to prohibit open carry and the major cities have done so, including Portland and Salem.
     
    Last edited: Mar 15, 2012
  17. drew

    drew OR Well-Known Member

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    They can restrict possession of loaded firearms in public places but if you have a CHL, that prohibition doesn't apply. Without a CHL, those laws effectively prohibit you from carrying in public. With a CHL, you can carry any way you please.
     
  18. branson4020

    branson4020 Forest Grove, OR Active Member

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    Good luck with that. Honestly, here's a hypothetical situation for you. With your CHL, you carry to say, a Ducks game at Autzen stadium, a very public place. Someone notices you are carrying a concealed weapon and you are asked to leave by security. What will you do?
     
  19. fd15k

    fd15k Tigard,OR Well-Known Member

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    A big one to remember is Postal Office, including its parking lot. No carry there in all states.
     
  20. drew

    drew OR Well-Known Member

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    If I'm at a Ducks game, I've probably been kidnapped. I'm not going to address universities specifically because of their policy based on regulating property.

    I was referring ORS 166.173 which grants cities and counties the ability to restrict carry of loaded weapons. UO is neither and isn't covered by that ordinance.