Oregon Unlicensed Concealed Carry On Private Property.

arakboss

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Where is unlicensed concealed carry legal and where is it not when it comes to private property? I would assume you can legally conceal carry without a permit on your own property? What about a grocery store, a mall, a resort, private timber land, etc. I understand property owners may haves rules against it but I am asking about where the concealed carry permit is required.
 

arakboss

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Thanks, based on that info there appears to be very few places that you could conceal carry without a license:

....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.


Any idea what qualifies as a place of business, for example if you don't maintain an office and do door to door sales would your person be the place of business?
 

Alexx1401

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Thanks, based on that info there appears to be very few places that you could conceal carry without a license:

....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.


Any idea what qualifies as a place of business, for example if you don't maintain an office and do door to door sales would your person be the place of business?
Asking legal questions on an open forum is setting yourself up to fail. If you take anything said here to heart and end up in front a black robe they will not care what you heard. If you wish to carry in OR the best way is get one of their permits.
 
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I had occasion to be involved in a transaction this weekend. The details don't matter.

The Punchline is on Saturday, I asked a Legal Question of no less than 5 people, three staff and two owners in two cities.

I got 5 different answers, and these guys do it for a living.

Any opinion you get on a public forum is worth exactly what you paid for it!
 
Permits for the privilege to exercise what are God Given Rights simply blow.

That said, unfortunately we are where we are & it is what it is.

Folks whom wish to risk their loss of livelihood, their family security etc etc by defying what are now (unfortunately) norms in our society do so at their own risk. On there own. The personal/family consequences COULD BE huge.
 
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Curtilage includes the area immediately surrounding a dwelling, and it counts as part of the home for many legal purposes, including searches and many self-defense laws. ... The proximity of the thing to the dwelling; Whether the thing is within an enclosure surrounding the home; What the thing is used for.
 

Librarian

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Curtilage includes the area immediately surrounding a dwelling, and it counts as part of the home for many legal purposes, including searches and many self-defense laws. ... The proximity of the thing to the dwelling; Whether the thing is within an enclosure surrounding the home; What the thing is used for.
But interpretations differ. In California (ack! Ptui! I have escaped!) some private property may be public, in the sense that the public can access it without hindrance (e.g. postal person, UPS delivery, meter reader). A continuous fence and a closed gate mitigates against that interpretation. Open carry, sans that fence, can be deemed 'in public'.

I've not yet seen Oregon's usage.
 
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But interpretations differ. In California (ack! Ptui! I have escaped!) some private property may be public, in the sense that the public can access it without hindrance (e.g. postal person, UPS delivery, meter reader). A continuous fence and a closed gate mitigates against that interpretation. Open carry, sans that fence, can be deemed 'in public'.

I've not yet seen Oregon's usage.
In most states where I have read about their interpretation of "curtilage", it has been that it exists only in the near proximity of your residence, and maybe a separate building like your garage, but only if that separate building is in common usage (whatever that means), and that it is often up to the individual court to determine whether it applies or not.

So it would work for me at my home, and its immediate proximity, probably my shop and the area between the house and the shop, but nowhere else on my property. It won't work for my on my private road, or my neighbor's property.
 
This surely is an interesting question, is it not? It reminds me of a conversation I once had with the West Linn Police Dept over a parking ticket with my truck. It was a ticket for parking the wrong direction for the side of the street I was parked on. I believed I had parked completely on my property and my question was, "If I'm parked on my property what does it matter which direction my vehicle is facing or whether it's on it's roof?"

Well... Turns out it wasn't completely parked on my property, so it mattered... They were right. I misinterpreted where the property line is.

I'm no lawyer. I've possessed an Oregon CHL for ages. (I'm sure there are many members younger than my CHL. 1990 if you really wanna know) And you really shouldn't listen to me.

But...

I think it would be pretty damn difficult for any DA to successfully press charges for a person carrying concealed on their person, on their property.

As an interesting aside, I carried concealed when deer/elk hunting for a couple of years. I was using a vertical shoulder holster and was wearing it under my coat. It wasn't illegal because of my CHL, but it sure raised some eyebrows when I showed what I was hunting with.

CRAP! Now I'm wishing I had that 357 Maximum back.
 

Koda

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Theres an exception for hunting and fishing only...

The Heretic is correct, basically only inside your home and curtilage, but not outside your home even anywhere on your property you need a concealed license on your person.
 
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I think it would be pretty damn difficult for any DA to successfully press charges for a person carrying concealed on their person, on their property.
I think generally this would be either one of two things:

1) They (the gov or a given LEO) really really want you, so as a last resort this is what they charge you with. Kind of like when they arrest you for resisting arrest, when there is nothing else they can charge you with (I have a cousin who had this done to him).

2) It is an addon charge. These are bargaining chips they use for various reasons.
 

Koda

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I think it would be pretty damn difficult for any DA to successfully press charges for a person carrying concealed on their person, on their property.
day to day true, but thats not what matters all it would take is the property owner being involved in a self defense shooting on their property. Lots of gun owners think they can threaten to use deadly force on trespassers when they cant.
 

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