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Oregon Open carry Laws without Concealed permit

Discussion in 'Firearm Laws & Legal' started by Tonydza1, Oct 13, 2012.

  1. Tonydza1

    Tonydza1 Corvallis oregon New Member

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    Hey all, this would be my first post on here and hopefully someone can answer a question for me. I am an Oregon resident currently residing in Corvallis. I am also an avid firearm enthusiast who lives by the simple idea of, I would rather have it and not need it, than need it and not have it. With this being said, I pack my 1911 pretty much everywhere. I do not have a Concealed permit mainly due to the cost of getting it. Food is a little more important to me than a license lol. I am fully aware that open carry in Corvallis is permissible, and i also understand that I can open carry my firearm loaded in my vehicle, I know this because I called my local sheriff's office. My question though, has to do with carrying within 1000 feet of a school in my vehicle. Could I get In trouble for carrying in my vehicle within 1000 feet of a school? and by school I mean high school, middle school, or elementary school. This would not be such a big deal if there were not 50 million different schools in this 5 square mile town. I was recently told by a buddy of mine that i could get in trouble for this, i would avoid the schools if possible, but it is damn near impossible in this town. If anyone could shed some light on this situation for me it would be greatly appreciated. The last thing i want is a ticket and the loss of my baby (my 45 lol) ;). any help would be amazing!!!! thanks all!! also, anyone know of a good place to shoot on public land around here? i usually go out to botkin rd near alsea but recently found a slaughtered horse out there......... probably will not be going there again.... once again much thks!!!
     
  2. Darknight

    Darknight Salem Active Member

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    166.370 Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school. (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.



    (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. [1969 c.705 §§2,4; 1977 c.207 §2; 1979 c.398 §2; 1989 c.839 §22; 1989 c.982 §5; 1991 c.67 §39; 1993 c.625 §1; 1999 c.782 §7; 1999 c.1040 §4; 2001 c.666 §§24,36; 2003 c.614 §6; 2009 c.556 §6]
     
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  3. longcolt

    longcolt Zephyrhills, FL Active Member

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    Legal or not if you open carry in Portland on one of the larger Oregon cities expect to have your nose ground into the pavement.

    Eastern Oregon is a whole different world for gun owners but the Willamette valley is quite different. Its not worth the effort unless you are well heeled financially and prepared to spend some money on lawyers.
     
  4. fd15k

    fd15k Tigard,OR Well-Known Member

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    Oregon doesn't have a 1000ft gun free school zone, but feds do. You are required to lock up your unloaded firearms while in or within 1000ft of a school, unless you have a carry permit issued in the same state where school is located (reciprocal permits don't provide an exemption).

    That being said, I really haven't heard of anyone being popped for a Federal Gun Free School Zone Act violation while being otherwise legal.

    Gun-Free School Zones Act of 1990 - Wikipedia, the free encyclopedia
     
    Koda likes this.
  5. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    As the Fed's don't want their second attempt thrown out by the Supremes, like happened with the first attempt at a Federal school zone ban...so far, it has only been used as an add on charge, as it is unenforceable, and it is a federal add on too. Generally speaking, state LE does not enforce federal law, and state courts absolutely do not enforce federal law.

    So, to get into trouble you would basically have to piss off a federal officer by committing a federal crime first (bank robbery or kidnapping would do it) while armed, and within 1000ft of a school zone...KNOWINGLY being in that school zone. Many may people live withn a 1000' of a school zone somewhere in the US. Many of those people own firearms and are not licensed by the state to carry...get the drift?
     
  6. fd15k

    fd15k Tigard,OR Well-Known Member

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    Well, to "add" to the thread, I think what OP is doing is bubbleguming stupid.
     
  7. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Local jurisdictions like PDX can restrict open carry of LOADED firearms unless the person has a CHL. Effectively, there is a mish-mash of a minefield for open carriers who do not have a CHL. Under the current law of the land, do yourself a favor and save the money needed (eat Top Ramen a couple nights) to acquire a CHL so you have as close to "blanket coverage" as you can get for legal protection while carrying your kit.

    The average cost of a CHL is $50-$65, and if you need the qualification "training", you can find great deals on that too. If you can afford a 1911 (and feed it for target practice on a back road in Alsea, Or) then you can afford a CHL, just get committed to it... You can do it!
     
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  8. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    What is stupid? That the OP is concerned about the actually stupid fed GFZ? I think that is reasonable...he is trying to stay legal.

    That he OC's a weapon without a CHL? I did that for 25 years before I broke down and got my permission slip almost 20 years ago now....and I still OC.

    That you happen to live in Tigard, where there are restrictions on unlicensed OC, doesn't mean one thing to him...He lives in Corvallis, where there are no local restrictions on unlicensed OC.

    If the OP desides not to obtain a CHL for any reason, it is not a "stupid" decision...it just happens to reflect his priorities.
     
  9. idRATHERbeOUTDOORS

    idRATHERbeOUTDOORS Yamhill County Active Member

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    http://www.handgunlaw.us/states/oregon.pdf

    This link helped me out.

    PS Bottom of page 6 - top of 7 states that without a CHL your firearm must be unloaded if "readily accessible" or locked in a container with the key removed if you wish to keep it loaded.

    cops are not lawyers, best bet is to consult a lawyer if you want to be safe. My friend and I educated one of our local officers that it was legal for someone under the age of 21 to own and carry a handgun in Oregon. So I would not trust law enforcement to know the details of our state laws.
     
  10. fd15k

    fd15k Tigard,OR Well-Known Member

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    Staying out of trouble should be one's priority. Best way to accomplish that in this case is to get a CHL. The cost is not that prohibitive that it's a choice between starving for a month or getting the license. Besides, it's not a "ticket" he is risking.
     
  11. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Try reading ORS 166.250(3)...if it is openly carried in a holster on your hip, it is not concealed and the rest of ORS 166.250 does NOT apply.

    Gary Slider at hangunlaw does a great job of concealed carry,,,but if you ask him about open carry, he will point you to www.opencarry.org look there for Oregon rules on OPEN CARRY.

    Specifically: http://www.opencarry.org/?page_id=290
     
  12. idRATHERbeOUTDOORS

    idRATHERbeOUTDOORS Yamhill County Active Member

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    You don't have to tell me to look at any part of ORS 166...I've read it more times than I can remember.

    I just provided a source and your biting my head off.
    That piece of information that was sited in the link, was taken from O.F.F., id trust them a bit more with Oregon law than another forum.
    Besides opencarry.org is a great source, but it is another forum, just as likely to be filled with missinformation.
     
  13. AlphaCoyote

    AlphaCoyote Oh, I get around. New Member

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    hermannr nailed it. You can OC in your car (or walking around Corvallis) without a CHL. But open means OPEN. Like PLAINLY visible to the cop who stops you. It better not be in your glove box or under that bag of fries on the passenger seat if you don't have a CHL. You can't carry in a "public building" without a CHL, and "public building" is defined to include a school and its grounds. That would include OSU.

    Nice thing about having a CHL too: You can conceal the loaded weapon within easy reach in your car. If you get pulled over, dispatch will tell the cop that the owner of your vehicle has a CHL. So when the cop comes to the window, he knows you might be armed. You hand him license, registration, proof of insurance and your CHL. You then keep your hands in plain sight and respond truthfully to his questions about weapons in the car. Cops love that. What they DON'T like is being surprised to see your 1911 on your hip or on the seat next to you. Not illegal if it's in plain site, but who needs that tension?

    So just take Stomper's advice and splurge for a CHL.
     
  14. idRATHERbeOUTDOORS

    idRATHERbeOUTDOORS Yamhill County Active Member

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  15. fd15k

    fd15k Tigard,OR Well-Known Member

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    Another nice thing about CHL is that one won't get popped for illegal possession in a public building, when one unknowingly happens to be present on/in one of such properties in otherwise OC-friendly jurisdiction. Also while technically CHL doesn't do anything in regards of USPS, but by the venture of firearm being concealed, a visit to the Post Office may not end as tragically :D
     
  16. Kevatc

    Kevatc Oregon Well-Known Member

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    I'd be in violation everyday ... I live 100 yards from a school.
     
  17. fd15k

    fd15k Tigard,OR Well-Known Member

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    GFSZA doesn't affect private property. Also I'm surprised you don't have a CHL ;)
     
  18. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    I'm not saying that obtaining a CHL is not a good idea, I am saying that you DO NOT have to lock the gun up when you are in a car in Oregon.

    Can you legally carry an unloaded gun in a locked container in OR? Sure, you can even travel through IL that way. You can even do that if you have a CHL...totally legal, but not absolutely necessary (as it is in IL)

    That is what I am pointing out. OCDO information could be updated, but what they have is correct. Like you could add Astoria and Lincoln City to banned towns, and Springfield and Baker to the list of Cities with bans on parks...but then you OR guys need to help out John...after all, he lives in VA and even asks for support from locals...Just don't give him misinformation, give him law and references he can check.

    I don't know why some people hate the idea of OC. It has been good for me since 1970...I'm not chnaging now.
     
  19. fd15k

    fd15k Tigard,OR Well-Known Member

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    Absolutely necessary when within 1000ft of a school or in/on a property that constitutes a "public building".
     
  20. Glock Jock

    Glock Jock Wilsonville , OR Well-Known Member

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    So how does open carry in your car work for situations like this: your gun is in a holster next to on the passenger seat as you pull into a gas station and the attendant comes up to your window to ask "how much gas do you want", and sees it on the seat?