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ORS 166.260 Persons not affected by ORS 166.250 This explains who is exempt from concealed carry laws in Oregon. The only CHL listed that exempts you in Oregon is an Oregon CHL. If you find anything to the contrary in ORS 166.260 please put it up on the forum. This is really not that hard; If the State of Oregon doesn not recognize another states' CHL then a County or City can not legaly do so either.No where in ORS 166.173 (2) (c) does it mention an out of state CHL. If you back track the ORS it spell out, rather slow and painful because it's Oregon, that you are only exempt with an Oregoin CHL. So it is a given that when the law mentions the exemption with a concealed carry permit, it is an OREGON CHL that they are speaking of. In Sate V Ward you are caught up in what the guy got in trouble for and not what the case law references as to the exemptions. Ward could have been carrying his loaded firearm on his hip openly and he would have still been arrested without an Oregon CHL. Much like NWCID would have been if he had ridden his motorcycle throught the wrong city. Again if you think I'm wrong take your WA CHL and OC through downtown Portland and let me know how it goes. Your from WA so I wouldn't expect you to understand how Oregon writes thier laws in a way that can be misleading. Seriously just google it if nothing else. There is a question at the bottom of the page from a WA resident about their WA CHL being recognized in ORegon. It's a NO! Oregon CCW Concealed Carry Hand Gun Legal Info
 
I open carry every place that is legal for me to do so here in Tacoma.
NEVER an issue. Only good responses. And I have been in close proximity of our local LEO's with out fear or being dragged to the ground and sent to the poky.
Dave
I OC most everywhere I go and have never had a problem with LEOs either. One of the places I frequently OC is a Starbucks in the Lakewood Towne Center where many LEO and Municipal Court Officers go for a break. I recall overhearing an MCO asking a LEO once after I walked in and was giving my drink order if I was doing something wrong. As I knew the LEO after getting my refill, I walked past that table and said hello to the one I knew, on my way out the side door to enjoy my coffee in the sun.. I saw the same MCO about a week later said hello, got a polite response and went about my business. Chalk up one more educated official.
 
ORS 166.260 Persons not affected by ORS 166.250 This explains who is exempt from concealed carry laws in Oregon. The only CHL listed that exempts you in Oregon is an Oregon CHL. If you find anything to the contrary in ORS 166.260 please put it up on the forum. This is really not that hard; If the State of Oregon doesn not recognize another states' CHL then a County or City can not legaly do so either.No where in ORS 166.173 (2) (c) does it mention an out of state CHL. If you back track the ORS it spell out, rather slow and painful because it's Oregon, that you are only exempt with an Oregoin CHL. So it is a given that when the law mentions the exemption with a concealed carry permit, it is an OREGON CHL that they are speaking of. In Sate V Ward you are caught up in what the guy got in trouble for and not what the case law references as to the exemptions. Ward could have been carrying his loaded firearm on his hip openly and he would have still been arrested without an Oregon CHL. Much like NWCID would have been if he had ridden his motorcycle throught the wrong city. Again if you think I'm wrong take your WA CHL and OC through downtown Portland and let me know how it goes. Your from WA so I wouldn't expect you to understand how Oregon writes thier laws in a way that can be misleading. Seriously just google it if nothing else. There is a question at the bottom of the page from a WA resident about their WA CHL being recognized in ORegon. It's a NO! Oregon CCW Concealed Carry Hand Gun Legal Info

Everyone knows you cannot CC in OR without and OR CHL...THAT IS NOT WHAT WE ARE TALKING ABOUT!!!!

What we ARE talking about is the ability of local governments to regulate LOADED OC. It is a misconception that persons with a licence to carry concealed that is not an OR CHL have to UNLOAD their OC in Portland, Beverton, Salem, Astoria...etc. That is not the case...the LAW states, you have a (any) license to carry a concealed weapon, you MAY OPEN CARRY loaded in these towns, even though they may have local restrictions on LOADED OC.

We are talking about OPEN CARRY local restrictions..NOT concealed carry...OK?

You guys are so hung up on CC you don't even think to read the LAW! You guys are just like the guys in NYS, they don't read the LAW.
 
Everyone knows you cannot CC in OR without and OR CHL...THAT IS NOT WHAT WE ARE TALKING ABOUT!!!!

What we ARE talking about is the ability of local governments to regulate LOADED OC. It is a misconception that persons with a licence to carry concealed that is not an OR CHL have to UNLOAD their OC in Portland, Beverton, Salem, Astoria...etc. That is not the case...the LAW states, you have a (any) license to carry a concealed weapon, you MAY OPEN CARRY loaded in these towns, even though they may have local restrictions on LOADED OC.

We are talking about OPEN CARRY local restrictions..NOT concealed carry...OK?

You guys are so hung up on CC you don't even think to read the LAW! You guys are just like the guys in NYS, they don't read the LAW.

Hermannr am I correct in understanding that if I have any CCW (WA in this case) that I can OC anywhere in OR including the restricted areas like Portland? If that is the case I did not know that, but good to know.
 
Actually your CHL gives you the right to carry OC or CC in the restricted cities. You are correct that we are talking about OC in restricted cities. Then why would your CONCEALED HANDGUN LICENSE give you the right to OPEN CARRY, since according to you they don't have anything to do with each other. That is because OREGON does not allow restrictions in those cities for OREGON CONCEALED HANDGUN LICENSe holders. Fine I will cut and paste it for you.
§ 166.260¹

Persons not affected by ORS 166.250

(1) ORS 166.250 (Unlawful possession of firearms) does not apply to or affect:
(h) A person who is licensed under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) to carry a concealed handgun.


--------------------------------------------------------------------------------
14A.60.010 Possession of a Loaded Firearm in a Public Place.

(Amended by Ordinance No. 184274, effective December 31, 2010.)

A. It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the firearm.

B. It is unlawful for any person to knowingly possess or carry a firearm and that firearm’s clip or magazine, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the clip or magazine.

C. The following are exceptions and constitute affirmative defenses to a violation of this Section:

1. A police officer or other duly appointed peace officers, whether active or honorably retired.

2. A member of the military in the performance of official duty.

3. A person licensed to carry a concealed handgun.

Notice above it says a person licensed to carry a CONCEALED HANDGUN. SO what does CC have to do with being exempt from local ordinances to OC a loaded firearm while passing through? Everything according to state law and local ordinances like the one above from Portland. In every single solitary ordinance restricting OC loaded firearms it states this exemption. Why do you think that is? Because the state is the only entity in Oregon that can allow any exceptions to a local restriction. The state of ORegon has deemed that a person licensed to carry a concealed handgun, as noted above, has to meet ORS 166.291 guidelines. In order to qualify for ORS 166.291 you have to be an OREGON resident or have a compelling business interest to get the CHL that gives you the exemption. Besides I just got off the phone with a friend who is a Detective for a sherrif's office in the Portland metro area. He agrees with me, that in order to get the exemption to OC a loaded firearm in a restricted city you need to have an Oregon CHL. Why don't you call a few of the restricted cities or a LEO in Oregon and ask. I think I did that response without mentioning CC any more than neccessary. Just take the time to look up what I have told you and keep an open mind, or think like a prosecutor that wants to put you in jail. On another note it would be nice to just do constitutional carry in all 50 states. You know the state laughs everytime they read posts like ours. They get off on the confusion and arguing. I did read the law. You are just assuming I didn't because I don't agree with you.
 
Hermannr am I correct in understanding that if I have any CCW (WA in this case) that I can OC anywhere in OR including the restricted areas like Portland? If that is the case I did not know that, but good to know.

If I were you I would call first. My neighbor and friend works for PBP and he agrees with me too. Just reading the law and coming to your own determination on how someone else in another state will enforce and prosecute it is a dangerous game. It's your freedom and your gun rights that you will loose, no one else, if the advice they give you is incorrect. Good Luck!
 
I don't understand how you think that any CHL from another state would let you be able to OC in a OC restricted city in Oregon when Oregon has no Reciprocity with any other state. Darknight summed it up pretty good, If you feel lucky give it a try.
 
Hermannr am I correct in understanding that if I have any CCW (WA in this case) that I can OC anywhere in OR including the restricted areas like Portland? If that is the case I did not know that, but good to know.

The way I read Oregon Law. ORS 166.250(3) gives an exemption to ORS 166.250 to sidearms openly carried in a holster. ORS 166.250 - Unlawful possession of firearms - 2011 Oregon Revised Statutes

ORS 166.173 allows local govenments to regulate LOADED carry of firearms withing their juristiction, ORS 166.173 - Authority of city or county to regulate possession of loaded firearms in public places - 2011 Oregon Revised Statutes

However ORS 166.173(2)(c) gives exempion to "A person licensed to carry a concealed handgun"

AND ORS 166.173(2)(d) gives a second exemption to those that hold a license under ORS 166.291 and 292

If the intent was to allow local restriction of all LOADED OPEN CARRY carry that was not licensed under ORS 166.291 and .292. why is there an exemption without the 291 and 292 restriction on the license, and another different exemption without that restriction?

The one caviat is a person licensed to carry under 291 and 292 (OR CHL) can openly carry loaded into publicly owned buildings (think city hall) in cities that regulate loaded OC...(think Portland, Beverton, Salem, Astoria...) A person with another license to carry other than an OR CHL cannot enter these publicly owned buildings, loaded, in these cities (that is the ORS 166.173(2)(d) exemption...CHL only) Everywhere else, any license to carry is enough.

Let me add here: remember, in Oregon law, a publicly OWNED building, is the only place that a LEO can ask for your CHL and you MUST comply.

Look the two up and make up your own mind, the links are posted.

Actually, the legislature has tried to clean up this language so there is no misunderstandings a couple of times, last time in 2009 that I could find the text of teh bill on the net, but it has not made it yet. The 2009 wording is much clearer...a Philadelphia Lawyer couldn't screw with that language...don't know why it didn't pass.
 
Actually your CHL gives you the right to carry OC or CC in the restricted cities. You are correct that we are talking about OC in restricted cities. Then why would your CONCEALED HANDGUN LICENSE give you the right to OPEN CARRY, since according to you they don't have anything to do with each other. That is because OREGON does not allow restrictions in those cities for OREGON CONCEALED HANDGUN LICENSe holders.

Darknight: Can we do this one step at a time? If you have and exemption to .250, WITHIN .250...we really don't need 260 for an exemption do we?

The exemption is not in .260, it is in .250 itself. The .250(3) exemption is what allows ANYONE to OC without any license in a non-restricted city...Right?

Read it. "A firearms carried openly in belt holsters are not concealed with the meaning of this section" This creates an exemption to .250's general prohibition on unlicensed carry, because the prohibition is on CC.

Do you agree with that part?
 
If you look at the Astoria codes it "valid permit" issued by a "lawful authority." Portland's code makes an exception for someone who is "licensed to carry a concealed handgun." Seeing that OR does not recognize WA permits why do you think that the individual cities, which have taken steps that infringe on your 2nd amendment rights, are going to see your WA permit as valid. OR has chosen to not recognize WA CHL and that is really the end of the story. Individual cities can't make their own rules and allow their police officers to honor out of state licenses.

At the end of the day do what you want but I would seek counsel before you put yourself in a position of losing all your gun rights.
 
If you look at the Astoria codes it "valid permit" issued by a "lawful authority." Portland's code makes an exception for someone who is "licensed to carry a concealed handgun." Seeing that OR does not recognize WA permits why do you think that the individual cities, which have taken steps that infringe on your 2nd amendment rights, are going to see your WA permit as valid. OR has chosen to not recognize WA CHL and that is really the end of the story. Individual cities can't make their own rules and allow their police officers to honor out of state licenses.

At the end of the day do what you want but I would seek counsel before you put yourself in a position of losing all your gun rights.

You just made a stronger case for WA permits being valid for OC in those places. Thanks.
 
If you look at the Astoria codes it "valid permit" issued by a "lawful authority." Portland's code makes an exception for someone who is "licensed to carry a concealed handgun." Seeing that OR does not recognize WA permits why do you think that the individual cities, which have taken steps that infringe on your 2nd amendment rights, are going to see your WA permit as valid. OR has chosen to not recognize WA CHL and that is really the end of the story. Individual cities can't make their own rules and allow their police officers to honor out of state licenses.

At the end of the day do what you want but I would seek counsel before you put yourself in a position of losing all your gun rights.

We are not talking about CONCEAL CARRY...we are talking about LOADED OC in a local governmental area that restricts unlicensed OC. It is not the same thing.

You guys in Oregon are just like the guys in NYS...they think they cannot OC because they do not have a code that specifically, in detail allows it.
Well, here you have specific detail...Is "Lawful authority" only the Oregon legislature...read you own law.

There is a reason Protland, Salem and Astoria have their ordinances written in the manner they are written...because that is what the state law says they can do, and that is all they can do.

You don't see Portland's ordinance saying "licensed per ORS 166.291 and ORS 166.292" do you? With Portland you better believe it would be there is they even thought tehy could get away with it..Don't you think????

No, it is written as someone "licensed to carry a concealed handgun" because that is all ORS 166.173 would allow them.
 
We are not talking about CONCEAL CARRY...we are talking about LOADED OC in a local governmental area that restricts unlicensed OC. It is not the same thing.

You guys in Oregon are just like the guys in NYS...they think they cannot OC because they do not have a code that specifically, in detail allows it.
Well, here you have specific detail...Is "Lawful authority" only the Oregon legislature...read you own law.

There is a reason Protland, Salem and Astoria have their ordinances written in the manner they are written...because that is what the state law says they can do, and that is all they can do.

You don't see Portland's ordinance saying "licensed per ORS 166.291 and ORS 166.292" do you? With Portland you better believe it would be there is they even thought tehy could get away with it..Don't you think????

No, it is written as someone "licensed to carry a concealed handgun" because that is all ORS 166.173 would allow them.

According to the state preemption law, ORS 166.170; Yes, the state legislature is the only lawful authority with the ability to regulate firearms in the state of Oregon.

1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

The excemption is from § 166.173¹
Authority of city or county to regulate possession of loaded firearms in public places
(1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015 (General definitions).
(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
(c) A person licensed to carry a concealed handgun.

As the Oregon Legislature is the only authority on concealed carry of a handgun in Oregon your out of state permit is not considered a valid license per Oregon law.
 
According to the state preemption law, ORS 166.170; Yes, the state legislature is the only lawful authority with the ability to regulate firearms in the state of Oregon.

1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

The excemption is from § 166.173¹
Authority of city or county to regulate possession of loaded firearms in public places
(1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015 (General definitions).
(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
(c) A person licensed to carry a concealed handgun.

As the Oregon Legislature is the only authority on concealed carry of a handgun in Oregon your out of state permit is not considered a valid license per Oregon law.

That is correct. If you look at http://www.handgunlaw.us/states/oregon.pdf it clearly shows that Oregon does not accept anyother State Permit.
Some additional informaion can be found at OpenCarry.org - State Information For Oregon or at Concealed Carry Permit Information By State

Oregon does issue permits to Non-Residents, so if you have reason to be in Oregon frequently and desire to carry there, you can do so legally by obtaining an Oregon Non-Resident Carry License.
 
Better still, elect people into office that will through out the unconstitutional laws of having to have the silly piece of paper in the first place.
I am a resident in socialist west side Washington with family in Oregon, so I took the class and now have a piece of plastic that allows me to utilize my rights in Oregon. Until the laws are removed to allow us to exercise the rights we already have, then just get the permit/license or what ever each state wants to call it and be done with it.
I certainly would not want to be a test case!
 
That is correct. If you look at http://www.handgunlaw.us/states/oregon.pdf it clearly shows that Oregon does not accept anyother State Permit.
Some additional informaion can be found at OpenCarry.org - State Information For Oregon or at Concealed Carry Permit Information By State

Oregon does issue permits to Non-Residents, so if you have reason to be in Oregon frequently and desire to carry there, you can do so legally by obtaining an Oregon Non-Resident Carry License.

You guys ure do not know how to read do you?

For purposes of CONCEALED CARRY: Oregon does not recognize any other states license....and everywhere the state law mentions this it says: "is licensed under the provisions of ORS 166.291 and ORS 166.292."

For purposes of local government regulation of LOADED OPEN CARRY in ORS 166.173: There are two different exemptions.

ORS 166.173 states "(2) ...do not apply..." (c) "a person licensed to carry a concealed handgun"

and: (d) "a person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.

So, what does ORS 166.370 say? Well read the exemption in 3(d): A person who is licensed under ORS 166.291 (and ORS 166.292) to carry a concealed handgun.

So, here we have two DIFFERENT expemptions to ORS 166.173. (2)(c) and 2(d). If (2)(c) ONLY applies to a license issued under ORS 166.291 and ORS 166.292 Why is exemption 166.173(2)(d) needed?
 
You guys ure do not know how to read do you?

For purposes of CONCEALED CARRY: Oregon does not recognize any other states license....and everywhere the state law mentions this it says: "is licensed under the provisions of ORS 166.291 and ORS 166.292."

For purposes of local government regulation of LOADED OPEN CARRY in ORS 166.173: There are two different exemptions.

ORS 166.173 states "(2) ...do not apply..." (c) "a person licensed to carry a concealed handgun"

and: (d) "a person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.

So, what does ORS 166.370 say? Well read the exemption in 3(d): A person who is licensed under ORS 166.291 (and ORS 166.292) to carry a concealed handgun.

So, here we have two DIFFERENT expemptions to ORS 166.173. (2)(c) and 2(d). If (2)(c) ONLY applies to a license issued under ORS 166.291 and ORS 166.292 Why is exemption 166.173(2)(d) needed?

An out of state permit is not applicable as a "license" in Oregon per ORS 166.170. That means the exceptions DO NOT APPLY to you. I understand that you flat out disagree and therefore I welcome you to get arrested by Portland PD and fight it.
 

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