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

[shredjesse]

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:



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):

(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.

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?

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[shredjesse]

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

166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect:

(a) Sheriffs, constables, marshals, parole and probation officers, police officers, whether active or honorably retired, or other duly appointed peace officers.

(b) Any person summoned by any such officer to assist in making arrests or preserving the peace, while said person so summoned is actually engaged in assisting the officer.

(c) The possession or transportation by any merchant of unloaded firearms as merchandise.

(d) Active or reserve members of the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the National Guard, when on duty.

(e) Organizations which are by law authorized to purchase or receive weapons described in ORS 166.250 from the United States, or from this state.

(f) Duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their organization.

(g) 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.

(h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

(2) It is an affirmative defense to a charge of violating ORS 166.250 (1)(c)(C) that the person has been granted relief from the disability under ORS 166.274.

(3) Except for persons who are otherwise prohibited from possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS 166.250 does not apply to or affect:

(a) Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 upon such target ranges, or while going to and from such ranges.

(b) Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.

(4) The exceptions listed in subsection (1)(b) to (h) of this section constitute affirmative defenses to a charge of violating ORS 166.250. [Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1; 1995 c.670 §2; 1999 c.1040 §3; 2009 c.316 §2; 2009 c.499 §4]

 

[Morpheus]

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.

 

[shredjesse]

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

"As always, concealed handgun license holders can carry handguns any way they choose while on motorcycles. This was always so."

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.

 

[ZA_Survivalist]

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.

 

[Morpheus]

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

 

[Mark W.]

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

 

[Kevatc]

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.

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.

 

[deadeye]

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

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.

 

[ZA_Survivalist]

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

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.

 

[hermannr]

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?

 

[pchewn]

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

have had some crazy things happen to me while driving or riding my sport bike over the years.

 

[G1GRANDEUR]

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

lol?

sports bike = sports motorcycle aka crotch rocket

 

[keystir]

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.

 

[shredjesse]

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.

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

 

[shredjesse]

your question would lead me to believe your CHL class did not go in depth enough into the rules and regulations regarding CCW's.

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.

 

[pokerace]

You people should buy OFF'S book understanding Oregon'a Gun Laws. It will answer most all of your ???

Oregon Firearms Federation | FAQ's. A Gun Owner's Guide In The Beaver State