Oregon open carry question - in practice

[GripItAndRipIt]

OP's current primary focus = hiking/camping with family.

Good responses.

God forbid you have a situation where you need your firearm to defend yourself or family, but if it happens and you don't have your firearm because you feared the attention or hassling that might occur because of open carry, the gut-wrenching agony of not being able to defend your family because of that inconsequential concern, will never dissipate.

In your situation, I concur with @when_DM_smiles. Take action today. Get the permit.

I generally concur that open-carry in modern American communities typically results in unwanted impact and attention.

But in the boonies, I wouldn't think twice.

Note to self: if need milk, not Troutdale Safeway.

100%. I would imagine most members of this forum have no problem personally with the practice of OC anywhere. Heck, I would OC on a plane were it allowed. But the forces of fallacious vilification of guns and gun owners have grown too strong -- because we allowed them to frankly. Now a guy or gal with a gun on the hip is a target for the soccer moms, cops get called, Joe Biden bleats about "weapons of war," and generally we responsible adult gun owners take it in the shorts every time. That said, If you see a guy on a quad or a dirt bike (or very rarely a horse), configured like this on a BLM tract in C.O. or on a logging road in the Deschutes NF, it's probably me!



Love the chest holster for my .357 SP101. Never in the woods without it.

 

[solv3nt]

You can OC in MC w CHL. That said, it's a bad idea. Some soccer mom in Troutdale is calling 911 as we speak to report "a man with a gun in Safeway."

I was referring to those without a CHL like the OP.

 

[1337BaldEagle]

I don't presume to tell others how they "ought or ought not" carry. It's your Right, whether it's "legal" or not.

That being said, don't OC unless you are VERY well versed in what Oregon, county and city law is. Last thing you want to do be become an unlawful "ambassador" and be strung up because officer donut had a bad day.

In Oregon, if you are fishing, hunting, target practicing, or going to or from any of these activities, you can legally OC anywhere in the state provided you have a valid ODFW license. It is an affirmative defense if you are prosecuted for carrying. This is regardless of county or city ordinances. This applies to CC and OC. 166.260 specifically lists you are exempt from 166.250.

Now, will you be bothered, arrested, harrassed? It depends where you are.

Police often times do no know the law. Ironically you are expected to though and your Rights depend on it.

IANL and the above is not legal advice.

 

[GripItAndRipIt]

I don't presume to tell others how they "ought or ought not" carry. It's your Right, whether it's "legal" or not.

That being said, don't OC unless you are VERY well versed in what Oregon, county and city law is. Last thing you want to do be become an unlawful "ambassador" and be strung up because officer donut had a bad day.

In Oregon, if you are fishing, hunting, target practicing, or going to or from any of these activities, you can legally OC anywhere in the state provided you have a valid ODFW license. It is an affirmative defense if you are prosecuted for carrying. This is regardless of county or city ordinances. This applies to CC and OC. 166.260 specifically lists you are exempt from 166.250.

Now, will you be bothered, arrested, harrassed? It depends where you are.

Police often times do no know the law. Ironically you are expected to though and your Rights depend on it.

IANL and the above is not legal advice.

I agree with everything you just posted with one caveat: I am requesting that our fellow gun owners not OC in populated areas (esp the 'blue' ones), while fully supporting their right to do so, prevailing on their good conscience. The reason being, Susie Soccer Mom gets nervous when she sees my shiny 1911 in my beautiful hand-tooled leather holster. She then joins a coffee klatch called Moms Demand Action, they all whine and moan about 'ammoxesuals,' send letters to Kate Brownshirt and Jay Dimslee and then we get bubblegum-soup legislation like SB554 which, among other things, makes YOU responsible for the actions of some dirtbag who successfully steals your guns. The way I see it, OC serves no practical purpose when it is still fairly easy (in most counties in OR anyway) to get a CHL, and it just enforces the notion of "too many guns on the street" by people who are scared of guns.

The irony being, of course, as I'm sure you now CHL holders are the least criminal group of people as a single demographic. We actually do better than cops in that regard.

 

[RVTECH]

In Oregon, if you are fishing, hunting, target practicing, or going to or from any of these activities, you can legally OC anywhere in the state provided you have a valid ODFW license.

'ODFW license' ? I assume you mean an Oregon hunting license.

Can you reference a specific statute that says one can OC 'providing' they have a valid hunting license because unless something has changed there has never been a requirement to have a hunting license to OC in Oregon.

NOW - in the past there was a 'gray area' with this and some people had been cited for 'hunting without a license' if they were observed OCing in the woods as it was considered prima facie even if they were not shooting at anything. Fortunately this was argued in court by most who were cited and eventually this practice was largely in part dropped. It was mostly a harassment issue but many were cited for it over the years in the past - and I know of two people who were.

However - if you ARE observed shooting at varmints, pests, non-game animals W/O a license you can be cited but simply open carrying, or OBVIOUSLY engaged in target shooting there is no requirement for one to have an hunting license.

 

[1337BaldEagle]

'ODFW license' ? I assume you mean an Oregon hunting license.

Can you reference a specific statute that says one can OC 'providing' they have a valid hunting license because unless something has changed there has never been a requirement to have a hunting license to OC in Oregon.

You assume correct. The defence will not hold up in court unless you have a valid hunting or fishing license issued by ODFW.

I apologize for the confusion about target shooting. I ought to have seperated that in 2 separate sentances since the hunting or fishing license prerequisite only applies to hunting and fishing.

In regards to your question "can i reference a spesific statue that one can OC providing...".
No, but only because our laws aren't written like that. Most of Oregon's gunlaws are not written in the affirmative. Instead, typically they are written as exclusionary. Meaning, "It is unlawful to do this... unless this" for instance nowhere does it say you have a right to carry concealed anywhere in ORS. But it does say you can't be procecuted for very spesific crimes if you have a CHL. It does not affirm that you "may" do anything, just that you wont be prosecuted for a very spesific crime if you do.

So, no I can't point you to spesific ORS that affirms "one can" but I can provide you with ORS 166.260 which states..

"(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."

 

[Koda]

The ODFW (hunting or fishing) license exemption only applies to concealed carry (CC) not open carry which is legal regardless...

 

[1337BaldEagle]

I agree with everything you just posted with one caveat: I am requesting that our fellow gun owners not OC in populated areas (esp the 'blue' ones), while fully supporting their right to do so, prevailing on their good conscience. The reason being, Susie Soccer Mom gets nervous when she sees my shiny 1911 in my beautiful hand-tooled leather holster. She then joins a coffee klatch called Moms Demand Action, they all whine and moan about 'ammoxesuals,' send letters to Kate Brownshirt and Jay Dimslee and then we get bubblegum-soup legislation like SB554 which, among other things, makes YOU responsible for the actions of some dirtbag who successfully steals your guns. The way I see it, OC serves no practical purpose when it is still fairly easy (in most counties in OR anyway) to get a CHL, and it just enforces the notion of "too many guns on the street" by people who are scared of guns.

The irony being, of course, as I'm sure you now CHL holders are the least criminal group of people as a single demographic. We actually do better than cops in that regard.

Oh, my comments were directed at OP. I personally don't give one care about what MDA over reactors do.

I will concede that carrying in certain places at certain times will make irrational people uneasy and I said as such.

I'm merely informing OP that it's his choice, his Right, and to expect some pushback at times and that he at least ought to know the laws if he intends on being in a situation that may make irrational people fearful.

Sincerely,

Eagle

 

[1337BaldEagle]

The ODFW (hunting or fishing) license exemption only applies to concealed carry (CC) not open carry which is legal regardless...

For the most part I agree. I was trying to convey that traveling though Multnomah County is permissible with a loaded readily accessible firearm going to or from hunting or fishing. An instance where non CHL loaded open carry is limited.

 

[RVTECH]

I will concede that carrying in certain places at certain times will make irrational people uneasy and I said as such.

And I would add carrying abnormally or unconventionally might make even RATIONAL people uneasy.

Remember the 'tall, lankey stupid lookin' fella' I once posted about I saw OCing in a Bend pawn shop ? He had two revolvers in old leather holsters hanging forward on his belt (kind of like pointing at each other)

I described him as looking like a bad extra in a spaghetti western or a like someone from the 1920's defending his still against the revenuers.

Well, I am a very RATIONAL person and have no problem with OC but this person did make me a bit uneasy and I left the shop.

He had creepy, dead, narrow eyes and it was very obvious he was out to intimidate people.

 

[Koda]

For the most part I agree. I was trying to convey that traveling though Multnomah County is permissible with a loaded readily accessible firearm going to or from hunting or fishing. An instance where non CHL loaded open carry is limited.

I dont think the fishing exception has anything to do with open carry, even in Mult. Co.
the hunting fishing exception allows you to CC only for that purpose only.

Thats my understanding anyways.

 

[CRBMoA]

1337BaldEagle,

ORS 166.250 is about FELONS, not what you are doing when you are carrying.

Both it and 166.270 have to do with persons that are precluded from carrying.

I am not a lawyer either. The ONLY reason I cited ORSs is to reply to you.

 

[Mikej]

And I would add carrying abnormally or unconventionally might make even RATIONAL people uneasy.

Remember the 'tall, lankey stupid lookin' fella' I once posted about I saw OCing in a Bend pawn shop ? He had two revolvers in old leather holsters hanging forward on his belt (kind of like pointing at each other)

I described him as looking like a bad extra in a spaghetti western or a like someone from the 1920's defending his still against the revenuers.

Well, I am a very RATIONAL person and have no problem with OC but this person did make me a bit uneasy and I left the shop.

He had creepy, dead, narrow eyes and it was very obvious he was out to intimidate people.

Kind of like this guy?...

 

[RVTECH]

No, more like this guy minus the hat!

 

[GripItAndRipIt]

Oh, my comments were directed at OP. I personally don't give one care about what MDA over reactors do.

I will concede that carrying in certain places at certain times will make irrational people uneasy and I said as such.

I'm merely informing OP that it's his choice, his Right, and to expect some pushback at times and that he at least ought to know the laws if he intends on being in a situation that may make irrational people fearful.

Sincerely,

Eagle

Unfortunately those overreactors are literally, today, maneuvering to take my guns. And yours. And the OP's. So whether you care or not, they're going to keep pushing forward with their agenda -- which is to disarm the good guys while simultaneously empowering and enabling the bad guys, and clapping you in irons if you resist (ironix eh?). For what they don't give a care about is your rights, specifically the 2A, and later once you've been disarmed or incarcerated for refusing to turn in your guns, your 1A as well. Can't have one without the other and they know this.

We are literally now living in 1984, just 37 years late.

Of course this is nothing new...

Now when Susie Soccer Mom the overreactor goes to cast her ballot... maybe the votes will finally be there. It is inevitable, and let's remember it's happened before with wide support. And for anyone who thinks they just want your black rifle? I've got a bridge for sale in New York... It's a nice one, best ever... connects Brooklyn to Manhattan. Priced to move.

My message to my fellow gun owners and constitutional enthusiasts... let's not cut off our noses to spite our faces. YMMV.

Yes, you have every right. You also have this thing called discretion. Please, fellow gun owners, let's use it.

 

[titsonritz]

And I would add carrying abnormally or unconventionally might make even RATIONAL people uneasy.

Remember the 'tall, lankey stupid lookin' fella' I once posted about I saw OCing in a Bend pawn shop ? He had two revolvers in old leather holsters hanging forward on his belt (kind of like pointing at each other)

I described him as looking like a bad extra in a spaghetti western or a like someone from the 1920's defending his still against the revenuers.

Well, I am a very RATIONAL person and have no problem with OC but this person did make me a bit uneasy and I left the shop.

He had creepy, dead, narrow eyes and it was very obvious he was out to intimidate people.

And you didn't break out in laughter?

 

[1337BaldEagle]

1337BaldEagle,

ORS 166.250 is about FELONS, not what you are doing when you are carrying.

Both it and 166.270 have to do with persons that are precluded from carrying.

I am not a lawyer either. The ONLY reason I cited ORSs is to reply to you.

That is factually incorrect. 166.250 is the offence of carrying CC and how openly in a vehicle is considered CC. 166.270 is about felons with firearms. They do not exclusively reference each other.

166.250
Unlawful possession of firearms

(1)Except as otherwise provided in this section or ORS 166.260 (Persons not affected by ORS 166.250), 166.270 (Possession of weapons by certain felons), 166.273 (Relief from firearm prohibitions related to mental health), 166.274 (Relief from prohibition against possessing or receiving firearm), 166.291 (Issuance of concealed handgun license), 166.292 (Procedure for issuing) or 166.410 (Manufacture, importation or sale of firearms) to 166.470 (Limitations and conditions for sales of firearms), a person commits the crime of unlawful possession of a firearm if the person knowingly:
(a)Carries any firearm concealed upon the person;
(b)Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or
(c)Possesses a firearm and:
(A)Is under 18 years of age;
(B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470 (Limitations and conditions for sales of firearms); and
(ii)Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;
(C)Has been convicted of a felony;
(D)Was committed to the Oregon Health Authority under ORS 426.130 (Court determination of mental illness);
(E)Was found to be a person with mental illness and subject to an order under ORS 426.130 (Court determination of mental illness) that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;
(F)Is presently subject to an order under ORS 426.133 (Assisted outpatient treatment) prohibiting the person from purchasing or possessing a firearm;
(G)Has been found guilty except for insanity under ORS 161.295 (Effect of qualifying mental disorder) of a felony; or
(H)The possession of the firearm by the person is prohibited under ORS 166.255 (Possession of firearm or ammunition by certain persons prohibited).
(2)This section does not prohibit:
(a)A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:
(A)Other than a handgun, if the firearm was transferred to the minor by the minor's parent or guardian or by another person with the consent of the minor's parent or guardian; or
(B)Temporarily for hunting, target practice or any other lawful purpose; or
(b)Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 (Possession of weapons by certain felons) and subsection (1) of this section, from owning, possessing or keeping within the person's place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person's place of residence or place of business is required of any such citizen. As used in this subsection, "residence" includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.
(3)Firearms carried openly in belt holsters are not concealed within the meaning of this section.
(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 the 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.
(5)Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8; 2009 c.499 §1; 2009 c.595 §112; 2009 c.826 §§8a,11a; 2011 c.662 §§1,2; 2013 c.360 §§6,7; 2015 c.50 §§12,13; 2015 c.201 §3; 2015 c.497 §§3,

166.270
Possession of weapons by certain felons

(1)

Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control any firearm commits the crime of felon in possession of a firearm.

(2)

Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption Technology device as defined in ORS 165.540 (Obtaining contents of communications), or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.

(3)

For the purposes of this section, a person "has been convicted of a felony" if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if:

(a)

The court declared the conviction to be a misdemeanor at the time of judgment; or

(b)

The offense was possession of marijuana and the conviction was prior to January 1, 1972.

(4)

Subsection (1) of this section does not apply to any person who has been:

(a)

Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005 (Criminal homicide), or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or

(b)

Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 (Relief from prohibition against possessing or receiving firearm)or has had the person's record expunged under the laws of this state or equivalent laws of another jurisdiction.

(5)

Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987 c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16; 2003 c.14 §64; 2009 c.189 §1; 2009 c.499 §3]

 

[1337BaldEagle]

I dont think the fishing exception has anything to do with open carry, even in Mult. Co.
the hunting fishing exception allows you to CC only for that purpose only.

Thats my understanding anyways.

After reviewing some things. I believe you are correct. Only cheviot to this is a readily accessible "handgun" in a vehicle is considered concealed. It says nothing of rifles.

 

[Koda]

After reviewing some things. I believe you are correct. Only cheviot to this is a readily accessible "handgun" in a vehicle is considered concealed. It says nothing of rifles.

Yeah theres a lot of grey area in this, I dont think theres any case law either to give insight.
My suggestion is if one had to pass thru Mult. Co. on the way to fish or hunt to just leave the pistol locked in the trunk per usual federal transportation law, till you get to your fishing hole.

 

[CRBMoA]

166.250 is a Statute, not an offense, Counselor.

I am out.