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Oregon legalities of having a loaded firearm on you while in car or on motorcycle

Discussion in 'Legal & Political Archive' started by shredjesse, Sep 13, 2012.

  1. shredjesse

    shredjesse Vantuckey Active Member

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    Precursor to all of this:

    I recently sought out my CCL specifically because I have had some crazy things happen to me while driving or riding my sport bike over the years. I've had on two instances insane road ragers come out and attack my vehicle over perceived wrong doings, I've been jumped at a gas station by two drunk individuals in broad day light (Fought back until cops showed up, if they'd had a gun/knife I'd be dead, instead all I got was a chipped tooth and a headache)... and a few times on my sport bike I've had to simply bug out because some wanna-be-gangster trying to be tough thought they could just run me off the road (and they'd have been right were I not on a very fast bike).

    These situations for me are not incredibly common place and are more the exception (or I'd seek self fault, heh) but it's happened enough that I wanted to be in possession of a firearm so I stand a chance of being more than a victim if bubblegum goes wrong. I think most people on here can identify with that belief. I don't think I'd do anything differently than I had done I just know that if the other person continued their irrational assault and attempted to make it lethal, I'd stand a chance. I don' think that's all too unreasonable.

    The situation that lead me to ask this question, and some info as I have found:

    Shortly after getting my own CCL, my girlfriend went to get hers, and the lady noticed she was on a sport bike (I drove my truck to get mine). The lady working the desk was quick to explain that apparently, even with a concealed carry license, it is illegal to transport with a loaded or concealed firearm unless it is in a locked container or the gun itself has a lock on it. She provided this document to my girlfriend:

    concealed-statement.jpg

    This appears to be a direct quote from Chapter 166 — Offenses Against Public Order; Firearms and Other Weapons; Racketeering -- ORS 166.250, which can be found here: http://www.leg.state.or.us/ors/166.html . In case the image above is too small to read, here is the direct quote (since what my girlfriend was provided matches ORS 166.250):



    So, this lady must surely be mistaken... since that means that once you get in a car or on your motorcycle, you are held to no different laws for possession of a firearm than the general public, CCL or not. I recognize section 166.274 says unless otherwise specified in the concealed carry section, but the concealed carry section only states what you legally need to apply (166.291), not that it exempts you from ANY of the unlawful possession of a firearm statements. So I'm getting various information from the class I took, the ladies issuing the license, reading the ORS, and everything I can find online. How am I even supposed to follow the law if it isn't clearly stated anywhere?!?!?


    So, could some one please help shed some light on this, and ideally reference somebody or some article or ORS concerning this?

    concealed-statement.jpg
     
  2. shredjesse

    shredjesse Vantuckey Active Member

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    Wait... i think I found it...



     
  3. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    This looks fairly recent, but you may want to double check:

    Motorcycle Gun Bill Becomes Law

    I think this was recently changed, so not everyone may be aware of the update/clarification to the laws.
     
  4. shredjesse

    shredjesse Vantuckey Active Member

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    Excellent find, and thanks! Google didn't turn that up for me. This quote I think sums things up:

    So the lady probably read the changes to motorcycle law, and perceived them as changes to everyone. Turns out she is wrong, it simply now allows legal transport of firearms on a motorcycle without a CHL, and with a CHL you can do whatever you want.
     
  5. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    I hate that all firearm laws are written by morons that understand little if not nothing of firearms thus creating this incredibly ever changing over complicated web of laws that no one person can fully answer.

    Gah.. rant over.
    Anyhow as of late I've been testing the waters and asking LEOs if they'd go on record with their interpretation to OCT as well as CC and the scenarios that might ensue.
     
  6. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    Will you publish your results? It would be interesting to see how many understand the laws, let alone have an 'thought out' opinion on how it to handle it.
    M
     
  7. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    interesting that that says the cylinder alinged with the hammer on a revolver is the to be used to determine if the revolver is loaded. Since when you pull the trigger on a DA revolver it is the cylinder counterclockwise from the hammer position that come into battery. Or if you pull the hammer back on a SA revolver that same cylinder rotates into battery position.

    Yes written by morons
     
  8. Kevatc

    Kevatc Oregon Well-Known Member

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    Laws written by morons aside I just wish laws were written in plain straight-forward language. Not sure about everyone else but sometimes I read a law and I can't decide if what it is addressing is legal or illegal.
     
  9. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Depends on if you want to carry an old Ruger, S&W or the like on a very bumpy riding vehicle with a round under the hammer.
     
  10. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    Yes I will, however I've been getting a lot of direct quotes of the statutes and no actual answers on the grey areas.. Saving their butts I guess.
     
  11. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    In Oregon: ORS 166.250(3) a pistol carried openly in a holster on your hip is not concealed per ORS 166.250...so, first place..yes you can open carry a loaded pistol openly on your hip on a motorcycle without a CHL (except for Portland, Beverton, Tigard, Oregon City, Independence, Salem, Astoria and maybe a couple other towns that restrict loaded unlicensed Open Carry under ORS 166.173. (this restriction does not include Eugene suprisingly enough, does in Springfield in parks only)
    May I explain here: basically, if you carry openly, in a holster, on your hip...ORS 166.250 does not apply to you.

    To conceal, OR loaded Open Carry in the restricted cities... you need your ORS 166,291 and ORS 166.292 CHL. With you CHL you May carry on a motorcycle, either openly on you hip, or concealed...OK...Good enough?
     
  12. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    Excuse my ignorance, but what is a "sport bike", and what about it causes you to:

     
  13. Skang

    Skang WA Well-Known Member

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    lol?

    sports bike = sports motorcycle aka crotch rocket
     
  14. keystir

    keystir Hillsboro, OR Active Member

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    Great job researching and finding the answers to your own questions! I would strongly recommend continuing to expand on your knowledge of firearms laws and regulations, your question would lead me to believe your CHL class did not go in depth enough into the rules and regulations regarding CCW's.

    Additionally, per your own admission, you have had no less than 6 serious altercations while driving a vehicle or riding a motorcycle. I understand non of these were your fault, but this is unusual. Now that you will be armed when driving a quick refresher course on courteous and defensive driving may help to prevent you from ever having to fire your weapon.
     
  15. shredjesse

    shredjesse Vantuckey Active Member

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    I figured some one would say this! I actually drive pretty slow and courteously, namely as I get all my kicks out on a race track with the sports bike or riding motocross. Sitting in a comfy truck going nice and slow and relaxed is my thing :)

    I do not currently own a street bike, and after the death of a friend and serious injury to myself and others over the years... I think I'll be on a wimpy and slow dual sport or equivalent from here on out, just minding my own :)
     
  16. shredjesse

    shredjesse Vantuckey Active Member

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    Oh and to quickly address this, my question pertains to the lady at the Clackamas Sherriff's office specifically telling my girlfriend there were brand new laws passed concerning carrying firearms in motor vehicles and on motorcycles, and that she couldn't carry on a bike due to the new laws.

    The class instructed me fine, I just thought new restrictive laws came through per the lady's statement... but she just didn't know what she was saying.
     
  17. pokerace

    pokerace Newberg Well-Known Member

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