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Question about legally carrying in Oregon

Discussion in 'Legal & Political Archive' started by Doctnt, Feb 3, 2013.

  1. Doctnt

    Doctnt Beaverton Active Member

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    In Oregon, can a LEO, ask to inspect a person's weapon if the person is open carrying legally or if they are Carry concealed legally?

    A friend recently took a Oregon CHL class and the instructor told him that if asked, a person must let a LEO inspect the weapon. For what I have no idea?
    I called Bubblegum since it would violate the 4th amendment, however, he was adamant. I do not recall anything like that being taught but it was a few years ago.

    Any thoughts or links that would show me the answer?

    Thanks,
    Doc
     
  2. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    YES, the LEO may ASK.

    NO, you don't have to give him permission.

    It could be very dangerous to be unholstering a weapon when the police are around.....
     
  3. TILLER182

    TILLER182 Oregon New Member

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    You might check the city municipal codes in areas you might travel. I'm not aware of any state statute that would allow an officer to do that but I am aware of at least one city municipal code.
     
  4. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    In Oregon, the real answer is yes and no. While in a "public building" (as defined in ORS 166.360) the answer is yes they may demand to see your CHL (because of ORS 166.360-380).

    If you are anywhere else, other than a "Public building" as defined by ORS 166.360, the answer is no. The reason is US Supreme Court ruling on random license checks in Prouse V Delaware.

    Can they ask at any time...sure, and they can ask if you had sex last night too, does not mean they can force you to answer.
     
  5. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    Demanding to see your CHL is a lot different than demanding to see your weapon!

    In fact, after showing your CHL, there should be no reason to show or tell them that you actually have a weapon. -- the CHL allows you to CONCEAL it. CONCEAL from the public, and CONCEAL from law enforcement. They have no right to demand that you reveal what you are or are not carrying.
     
  6. Hotrodvw67

    Hotrodvw67 Oregon New Member

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    Keep in mind, if you turn over/let them inspect your firearm, you've now given up your right to defend yourself in that moment. You don't have your firearm, the LEO does. Unless you're under arrest, and the remove it from your person, I believe you have every right to leave it where it sits. Making any move toward your firearm puts everyone on high alert immediately. Best not to go there for any reason.
     
  7. osterr1999

    osterr1999 Silverton, OR Active Member

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    I would simply tell the officer I am not comfortable touching my weapon in his/her presence. If that is not enough, after you have shown your CHL, might be best to ask to have a supervisor come out if they continue to push the issue after you have declined.
     
  8. BillB1960

    BillB1960 Hillsboro Active Member

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    I think your friend may have forgotten this little piece of the puzzle:

    166.380 Examination of firearm by peace officer; arrest for failure to allow examination.

    (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.

    (2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310. [1969 c.705 §3]
     
  9. BillB1960

    BillB1960 Hillsboro Active Member

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    166.380 covers examination of the firearm, not the CHL.
     
  10. CharonPDX

    CharonPDX Portland, OR Active Member

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    Obviously, "does the officer have enough to claim they have the authority" and "is the law 100% on their side" are two different things.

    The way I've heard it best explained is: If the officer has reasonable suspicion that you are violating a law, he can perform appropriate actions.

    Therefore, in any part of Oregon without a loaded-open-carry ban, there is no legal standing for an officer to ask to inspect your openly-carried weapon. (My interpretation, your mileage may vary, etc, etc, etc.)

    In a part of Oregon with a loaded-open-carry ban, (Portland, Beaverton, Salem, Astoria, etc,) then if an officer sees you with an openly carried weapon, they would be within their legal standing to verify that you are carrying it legally. Having it obviously unloaded (no mag in the well, slide/bolt locked back,) would be sufficient; showing the officer your CHL would likewise be sufficient (since that allows you to carry loaded.)

    Could you say "no, I won't let you inspect, nor will I show you a CHL"? Sure. But be prepared for a negative reaction. If you get a negative reaction, stay calm! A friend and I were at a Taco Bell many years ago, in a no-ban city (Wilsonville,) and were harassed by a local officer, who threatened my friend (I wasn't openly carrying,) with arrest for "causing a panic". (The officer's partner, along with the state trooper who came as backup, both rolled their eyes at his obvious over-reaching.) But my friend stayed calm, and offered to put his holstered weapon in the trunk of the vehicle. The officer (who never actually asked to inspect it,) continued to berate him with "why didn't you have it locked up in the first place?" stuff. We finished our tacos and went on our way, the officer just complaining, not actually doing anything.