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WA resident camping in OR.

Discussion in 'Legal & Political Archive' started by SeattleSecond, Aug 2, 2012.

  1. SeattleSecond

    SeattleSecond Seattle New Member

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    Hello, kind of new member here. Next week I will be camping in a remote area of Oregon. I am a Washington resident with a current CPP.

    Can I legally carry my S&W .40 M&P in Oregon?
     
  2. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    As I understand it as long as you're camping, hunting, hiking, etc. you don't need a permit. But traveling with a loaded handgun to get there could be a problem depending on how it goes down.

    BTW: it's a CPL in WA (Concealed Pistol License). In OR it's a CHL (Concealed Handgun License)
     
  3. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    A non-resident may open carry, but Oregon does not recognize other states' CHL's, CPL's, etc.

    FYI- transporting a loaded firearm in your vehicle w/o an Oregon CHL is not legal either.
     
  4. beavertonbuck

    beavertonbuck Beaverton Active Member

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    Unless you are driving thru a city that prohibits open carry, i.e. Portland, you can open carry your pistol. If you are driving thru Portland you will need to have the handgun unloaded and no ammo in the magazine. WA CPL is not recognized in OR.
     
  5. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    This is NOT true. It is 100% legal to OPEN carry in most of OR including in/on a vehicle. There are a few areas that restrict carry like the greater Portland area and one other major area I can not think of right now.
     
  6. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Are you sure? I know its not legal in Washington to have a loaded firearm in moving vehicle w/o a CPL, maybe I got my wires crossed... If so, my bad.
     
  7. Skang

    Skang WA Well-Known Member

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    putting hand gun inside glove box (unlocked) and putting loaded magazine in different compartment box is legal?

    or magazine have to be unloaded?
     
  8. drew

    drew OR Well-Known Member

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    Yes, your wires are crossed. To violate state law it must be concealed and readily accesible. OR law has lots of sections where they don't care if it's loaded. A belt holster as long as long as its not covered by a shirt, jacket, or something else is statutorily defined as not concealed.


    OR doesn't really care about a loaded mag. It's the gun. Some cities like Portland and Beaverton do have loaded gun and mag restrictions. Locked glove compartments are for vehicles where keeping a firearm outside the passenger compartment isn't an option.

    Both of these questions are answered in ORS 166.250.
     
  9. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Here are the OR laws that govern firearms, ORS Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering - 2011 Oregon Revised Statutes

    As for loaded you can have your magazines loaded as long as they are not on the gun at all. This differs from WA state. Say on your AR you have a mag pouch it would be legal to have a loaded magazine in it, in OR it is not where loaded firearms are not allowed.

    Loaded firearm means:
    (a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.
    (b) A muzzle-loading firearm which is capped or primed and has a powder charge and ball, shot or projectile in the barrel or cylinder.
     
  10. jjackffrost

    jjackffrost central oregon Active Member

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  11. drew

    drew OR Well-Known Member

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    Definitely worth reading.

    I like OFF because they reference court decisions and they understand the laws after court decisions.

    I'm also liking oregonlaws.org because it puts a lot of relevant laws and court decisions together.
     
  12. SeattleSecond

    SeattleSecond Seattle New Member

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    Okay, I am traveling from Seattle to the southern Oregon coast. The unloaded gun is in the trunk of my car. When I arrive at the state campground the now loaded gun is in my tent with me. As I travel the trails on a dirtbike the gun is in my backpack. this is very confusing, maybe just leave it at home.
     
  13. DieselScout

    DieselScout S Clackamas County Well-Known Member

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    Your gun can be loaded in the vehicle, just not in direct access to the driver. Loaded in the trunk is fine. Locked in the glove box or center console is fine as long as there is no key in the lock. You may want to check the park rules. I was under the impression there are still parks that are no firearm. Regardless if its in my tent and no sees it, then as far as anyone is concerned there is no gun. If it come to the point where I need it being kicked out of the park is the least of my concern. While the bike the only legal way for you to carry it is open or unloaded in your bag. You'll have to decide what amount hassle is worth you security.
     
  14. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    You could do all that or you could also LEGALLY open carry the loaded gun. When you pass though Portland area unload (take magazine out, from the definition above) and still keep the open. As soon as you travel out of the Portland area load the gun again.

    I can not find it but I know there is an OR law that has to deal with ATV's/Dirt bike's ect and firearms. It might be a game law. Maybe one of our OR members can help out.
     
  15. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Which laws are you quoting on this? It is 100% legal for ANY person that can legally have a firearm to open carry (ie direct access) loaded firearms even in a vehicle in most of OR.

    2 years ago National Parks have to follow the gun laws of the state they are in. I am not aware of OR having any special rules when it comes to guns in parks. Yes you may want to check the parks rules but also make sure those rules are in fact legal. Just because there might be a sign or "rule" does not make it legal.........
     
  16. drew

    drew OR Well-Known Member

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    Portland also prohibits loaded magazines and clips.

    The ATV law is ORS 821.240 and applies to snowmobiles and ATVs. Basically, don't have a round chambered. This was updated to exclude CHL holders last year.
     
    Nwcid and (deleted member) like this.
  17. DieselScout

    DieselScout S Clackamas County Well-Known Member

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    Yes I should have put in the caveat for open carrying. The point I was trying to make is the gun didn't have to be unloaded in his trunk to be legal. As far as the park goes, if its a privately owned park they may have specific rules, which on private property are legal. Just a CYA, regardless to me its worth the effort to invest the time in one security and find out the rules to follow them.
     
    Nwcid and (deleted member) like this.
  18. beavertonbuck

    beavertonbuck Beaverton Active Member

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    I would check with the park before going. I have had to speak with the Oregon Dept. of Parks & Rec previously because one or two parks I was camping at had no gun signs. I was told that this didn't apply to CHL holders because of state pre-emption laws but that it would apply to everyone else because of leeway in the ORS language (similar to what Portland & Beaverton does).

    As an aside I went to National Park this year and was pleased to see that the rules were clearly stated. It said that you had to follow state law and if there was a building on the property it would be posted if it was federal property and therefore firearms were not allowed.
     
  19. fd15k

    fd15k Tigard,OR Well-Known Member

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    Found this old thread on the subject :

    Oregon - go to jail for a loaded clip/magazine ?!?

    I guess it hasn't been tested in court, but from the looks of it feels like magazine can stay loaded.
     
  20. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    That is wrong. Transporting a loaded pistol on your hip is completely legal in OR. See ORS 166.250, then see exemptions in ORS 166.260.

    OR has a liitle problem, that is they will not accept any other staes license to carry....FOR THE PURPOSES OF CONCEALED CARRY.

    However, if you read ORS 166.173 (the law that allows local governments to regulate UNLICENSED carry) you will see there is an exemption for people with a license to carry...and it does NOT reference ORS 166.291 and ORS 166.292. This applies to open carry only...and you really need to read ORS 166.250 where it states a pistol in a holster openly carried on your hip is NOT concealed.

    Do read the law, (ORS 166) you will feel much better about your trip. You can OC, but you cannot CC...OK? Unlike WA OC loaded in a vehicle is OK in OR.