Portland Handgun transport on foot

[Nick Burkhardt]

Just don't be this guy http://www.cbsnews.com/news/oregon-man-openly-carrying-new-gun-robbed-by-man-with-gun/

 

[Certaindeaf]

Carry it around in a McDonald's bag. People in Portland will view you as a pitifully unclean heathenistic leper and leave you alone. Do not use a Whole Foods or Starbucks bag as they'll think you a: have money b: have no testicles.. and stomp your head in for the contents therein.
lol
And please don't tell us you got dat gat at The Gun Room.

 

[Certaindeaf]

Have you read the law? First, the "readily accessible" language in 166.250 1(b) and 4(a) only applies to carry in a motor vehicle. Not personal carry.

Next, ORS 166.250(a) prohibits "carrying any firearm concealed upon the person". No exemption for unloaded firearms or backpacks.

In fact, twice the court has affirmed that "upon the person" includes a bag and its contents. See State v. Anfield 1992, State v. Finlay 2002.

Furthermore, in the last case, the court found that "Accessibility of firearm carried in bag, briefcase or suitcase is irrelevant to determination that firearm was carried concealed upon the person."

To legally carry a firearm in a backpack, you must have a CHL, or meet the other exceptions.

You may ask, what about a locked or disassembled handgun? I would recommend reading Goltz and Gortmaker first.

Those rulings concluded a rifle lacking a bolt was "readily capable of use as a weapon," despite the fact that the defendant did not have the bolt. The second established a disassembled 9mm handgun also qualified.

At first blush, those cases suggest concealing a disassembled gun would be illegal.

However, in 2008 the Briney decision tempered those. That judge indicates the concealed firearm needs to be essentially operational using materials at hand.

Given what we believe to be the legislative policy underlying the enactment of the concealed weapons statutes in Oregon, we think that, in order for a firearm to be "readily capable of use as a weapon" for the purposes of ORS 166.250(1)(a), the legislature intended that the firearm either be operational or promptly able to be made so at the time that an individual is alleged to be unlawfully carrying it concealed.(7)

Please interpret this carefully in the extreme context of State v Briney 2008 however. Transporting the incomplete firearm parts in multiple trips (like Briney) would not qualify. Merely separating the slide or locking the trigger may still qualify as "can be promptly made operational" however.

?

 

[WillametteWill]

I would also recommend checking the rules/laws for possession on public transportation. In some cases it may only be their "rule", not an actual law that prohibits all firearms, loaded or not. I have run into this issue in some states where it is in fact a law and even my permit does not allow me to carry. Should it be this way, of course not. Just wanted to throw in another thought.

 

[Certaindeaf]

Up until a few months ago, if you had a friend with a ccl, you could just have him load it up, stick it under his shirt and dance a jig with it to your place. Can't do that now.

 

[Velzey]

So what's the plan to get yourself stopped and searched.......

 

[Koda]

If any issue comes up you could invoke that walking to a gun range for target practice is a lawful purpose (see ORS 166.250(2)(b)) . I wouldn't stop at the store on the way though...

 

[Certaindeaf]

So what's the plan to get yourself stopped and searched.......

Carrying a great big law book entitled "How to carry a gun on a city bus" while babbling code law out loud.

 

[Pdx2seatac]

Purchased, transported and domiciled. Thanks all.

 

[bolus]

Purchased, transported and domiciled. Thanks all.

Now to the important stuff. What did you get? where are the pictures?

 

[Certaindeaf]

Now you've just gotta get yourself all worked up for when you finally break your cherry.. after you're all licensed. This is standard protocol. Don't forget the Cheez Whiz.



lol

 

[Pdx2seatac]

Glock 19!

 

[chemist]

How about leaving the key to the slide lock at home? Then there's no way it could be considered operational while you're carrying it.

 

[orygunmike]

and to clarify Koda's excellent comment regarding the Gun Free School Zone act, the act made it a Federal crime to knowingly bring a gun within 1,000 feet of a school or to fire a gun in these zones. Note that the 1,000 feet applies to the boundaries of school property.

note the federal "Gun Free" school zone act prohibits being within any school zone unless the gun is in a locked container. Same applies to the ammo, which must be locked in a separate container.

The GFSZ act does not apply to persons with a state issued CHL on their person.

 

[Koda]

thanks Orygunmike, if there was ever a gun control law people should get repealed its that one. Too many overlook the fact the CHL exception only applies to the state that issues the permit, something to consider when your travelling in states that reciprocate yours....

 

[Republican]

I was quite nervous driving to my first firearm class with my first handgun. It was the class I needed for the CHL (it included range time) so I spent forever trying to understand what the firearm laws said to get my gun to the range without breaking a law. I had a car at the time that did not have a trunk (mini cooper) which is where I was supposed to transport it, unloaded or open carry. So I left it visible on the back seat with the factory lock on it that goes through the action all because I was afraid I would go to jail for exercising a constitutional right.

now I have my CHL, concealed is concealed, the only words to the police will be "I am enacting my right to remain silent and will follow any lawful orders" and if necessary "I was in fear for my life" and have 2 firearm attorney numbers in my wallet.

freakin annoying.

That sounds awful ! I can't believe Oregon is going this way ! All of the republicans on the west coast need to move to purple states where you can actually make a difference. Virginia for example or Ohio even Florida

 

[uscsoldier]

Ye


I will probably just call an Uber. Sad that I NEED to do that.

Two locks on case, unloaded with no ammo and we're still not clear on this. Ha. I'll have my receipt, 4473 and ORS on me. I'll carry my pocket constitution too.

Thanks for the help!

How do you keep the 4473?