WA resident camping in OR.

[hermannr]

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?

I wrote a little more earlier, but to your question the answer is Yes, you may carry...but it must be openly carried on your hip...ORS 166.250 then there is no quesion as to if it is concealed or not, it is not concealed by definition.

May I add...while you are down there, stop by the Grant Co Sheriff's office and get an OR CHL then you don't have to worry about anything.

 

[fd15k]

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.

That's all good, and I remember you bringing it up before. Just like the stuff I cited above in regards preemption when it comes loaded magazines in Portland, this interpretation hasn't been tested in court. It is anybody's right to rely on this stuff at their own risk, but personally I wouldn't. Either there is case law, or there is an opinion issued by the executive branch. Until then it's just an Internet forum grade speculation.

 

[SeattleSecond]

Thanks for the input all. I will check local laws and transport the weapon unloaded in my trunk.

 

[4Freedom]

I have done quite a bit of research about this. I've recently went to Grant County and have been issued an out-of-state conceal carry license by Sheriff Palmer which they are still holding until I get a permanent address.

I want you to be very careful about what you hear about Oregon carry laws. They are very obscure and don't expect law-enforcement to give you the right answers. I was told by one sheriff office, whose name I will not mention, that I can legally open carry a loaded weapon as long as the gun was in plain view of the officer, such as on a seat. However, from doing a bit more research it turns out that in Oregon, each county has it's own law about open-carry. Out-of-state conceal carry laws are the most draconian, because it's hard to receive the license.

Here's one county you definitely don't want to open carry in: MULTNOMAH. Not only is Bear Pepper Spray illegal in Multnomah County, but the county government illegaly circumvented the Oregon state laws allowing open carrying, by requiring all open-carriers to have a conceal carry license. Hopefully, these illegal restrictions placed by the autocrats in Multnomah County will eventually be abolished in court. I'm not sure about Clackamas. I do think Clackamas and Washington County will allow open-carry. It wouldn't be a bad idea to call the Sheriff offices in each county you will travel through to ask about open-carry laws in each of the counties.

Carrying unloaded in the truck is probably not necessary. You can keep loaded mags on you and the unloaded gun in a case. As long as the gun is out of reach of the driver, I don't think they can mess with you. It never hurts to check these laws with local sheriff. I have an SUV and there is no trunk and I just carry my rifles on my backseat. I've asked about this before and was told since I cannot reach for the rifles from the driver seat that it was acceptable.

 

[fd15k]

I have done quite a bit of research about this. I've recently went to Grant County and have been issued an out-of-state conceal carry license by Sheriff Palmer which they are still holding until I get a permanent address.

I want you to be very careful about what you hear about Oregon carry laws. They are very obscure and don't expect law-enforcement to give you the right answers. I was told by one sheriff office, whose name I will not mention, that I can legally open carry a loaded weapon as long as the gun was in plain view of the officer, such as on a seat. However, from doing a bit more research it turns out that in Oregon, each county has it's own law about open-carry. Out-of-state conceal carry laws are the most draconian, because it's hard to receive the license.

Here's one county you definitely don't want to open carry in: MULTNOMAH. Not only is Bear Pepper Spray illegal in Multnomah County, but the county government illegaly circumvented the Oregon state laws allowing open carrying, by requiring all open-carriers to have a conceal carry license. Hopefully, these illegal restrictions placed by the autocrats in Multnomah County will eventually be abolished in court. I'm not sure about Clackamas. I do think Clackamas and Washington County will allow open-carry. It wouldn't be a bad idea to call the Sheriff offices in each county you will travel through to ask about open-carry laws in each of the counties.

Carrying unloaded in the truck is probably not necessary. You can keep loaded mags on you and the unloaded gun in a case. As long as the gun is out of reach of the driver, I don't think they can mess with you. It never hurts to check these laws with local sheriff. I have an SUV and there is no trunk and I just carry my rifles on my backseat. I've asked about this before and was told since I cannot reach for the rifles from the driver seat that it was acceptable.

Any citations, especially rin regards to county laws ?

 

[4Freedom]

I found this thread interesting and it contains referencing to all types of legal information and state/city law ordinances:

Open Carry in Oregon? - AR15.Com Archive

I wish I had more time to research. Let me know from reading all this if the BS OC laws for Portland/Beaverton can be debunked.

 

[Darknight]

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.

I thought we settled this the last time it came up? The following cities are just a few that currently do not allow you to OC, transport or otherwise haved stored on your person or in your vehicle a loaded firearm without an Oregon CHL; Portland, Beaverton, Tigard, Oregon City, Salem, and Independence. Remember those are just a few. If I were an out of state Resident, like yourself, I would STOP listening to other people on this forum and research the issue on my own. If you violate Oregon firearm laws they will pull your WA license. 166.260 (3) (b) refers to hunting or fishing not camping or hiking, that's Idaho that allows for that. You can, as an out of state resident, apply and be granted an Oregon CHL if you can show a compelling business interest. Parks outside of city limits can also have restrictions on firearms without an Oregon CHL. STOP encouraging law abiding cittizens on this forum to OC in areas where they may be violating the law and by doing so will lose there right to carry. Anyone who is reading this post, please don't assume you know the law or take some internet lawyers advice when it comes to firearms laws, do the research and contact the local authorities or D.A.'s office yourself.

 

[Nwcid]

I thought we settled this the last time it came up? The following cities are just a few that currently do not allow you to OC, transport or otherwise haved stored on your person or in your vehicle a loaded firearm without an Oregon CHL; Portland, Beaverton, Tigard, Oregon City, Salem, and Independence. Remember those are just a few. If I were an out of state Resident, like yourself, I would STOP listening to other people on this forum and research the issue on my own. If you violate Oregon firearm laws they will pull your WA license. 166.260 (3) (b) refers to hunting or fishing not camping or hiking, that's Idaho that allows for that. You can, as an out of state resident, apply and be granted an Oregon CHL if you can show a compelling business interest. Parks outside of city limits can also have restrictions on firearms without an Oregon CHL. STOP encouraging law abiding cittizens on this forum to OC in areas where they may be violating the law and by doing so will lose there right to carry. Anyone who is reading this post, please don't assume you know the law or take some internet lawyers advice when it comes to firearms laws, do the research and contact the local authorities or D.A.'s office yourself.

What bad information did I give? Please quote your laws, I have in my other posts. Others with supporting information have also quoted their sources. There is only one person here who has not cited their sources and that is you sir. Your 166.260 has to do with CC NOT OC.

Those 6 cities do NOT make up most of OR. I did say the greater Portland area. For those that are not local to that area are they going to know which city is which or just know that it is illegal in the populated area around Portland.

Please show me where it is illegal to OC in the rest (majority) of OR.

I know last year when I OC all though central OR that not a single OSP, Local or Park ranger had a problem or a funny look at our OC pistols while on our street bikes or stopping at major points in National parks we were visiting. We saw lots of LEO's on that trip.

 

[fd15k]

I found this thread interesting and it contains referencing to all types of legal information and state/city law ordinances:

Open Carry in Oregon? - AR15.Com Archive

I wish I had more time to research. Let me know from reading all this if the BS OC laws for Portland/Beaverton can be debunked.

That thread indeed makes a reference to Multnomah county. I went to the county code to check, and didn't find anything under Chapter 15 (Sheriff).

http://web.multco.us/sites/default/files/county-attorney/documents/ch15.pdf
Multnomah County Code | Multnomah County

 

[deen_ad]

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.

In WA if the mag is not locked in the gun it's considered to be unloaded.

 

[Nwcid]

In WA if the mag is not locked in the gun it's considered to be unloaded.

Isn't that what I said?

I was commenting that OR law differed in that way. In OR it appears that if it is attached (in anyway) to the firearm it would be considered loaded.



Here is the text of WA definition;

(10) "Loaded" means:

(a) There is a cartridge in the chamber of the firearm;

(b) Cartridges are in a clip that is locked in place in the firearm;

(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;

(d) There is a cartridge in the tube or magazine that is inserted in the action; or

(e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.

 

[Darknight]

What bad information did I give? Please quote your laws, I have in my other posts. Others with supporting information have also quoted their sources. There is only one person here who has not cited their sources and that is you sir. Your 166.260 has to do with CC NOT OC.

Those 6 cities do NOT make up most of OR. I did say the greater Portland area. For those that are not local to that area are they going to know which city is which or just know that it is illegal in the populated area around Portland.

Please show me where it is illegal to OC in the rest (majority) of OR.

I know last year when I OC all though central OR that not a single OSP, Local or Park ranger had a problem or a funny look at our OC pistols while on our street bikes or stopping at major points in National parks we were visiting. We saw lots of LEO's on that trip.

I am not going to do the work for you by looking up every law in every county and city in Oregon. You know as well as I do that Oregon allows for every city and County in the state to have their own restrictions about LOADED firearms. You guys coming down from WA usually pass through some jurisdictions along the way that do not allow loaded firearms except with an Oregon CHL. Since I have an Oregon CHL I don't have to worry about like you and other out of state residents. It is not all of Oregon, nor is it just the Portland area, that's the bad part of this whole deal. In order to really know which cities and counties along your travels have restrictions, you would have to look up each one idividually. There is no one all inclusive trusted source that will tell you all the counties and cities that do. Let's also be clear that we are talking about loaded firearms. It does not matter if you have it in your trunk, OC or in a case in the front with mags on you, it's still loaded. I quoted a case on the last thread we had this discussion on about a guy getting arrested and charged for having a loaded gun in his trunk. He was found guilty, then appealed it and lost.

As to your reasoning on OC and not being stopped for it when you were riding your motorcycle, that doesn't make any sense what so ever. I like to speed and I drive by cops all the time and they do nothing. That doesn't mean I'm not breaking the law and they can't stop me, they just choose not to. There is a very big difference between you breaking the law and the cops enforcing it. Most cops actually like to see us OC. So it does not suprise me that you weren't stopped. It also helps if you are comfortable OC and that gives other poeple comfort as well, including the cops. But, please don't think because you got away with it that it wasn't illegal. You have yet to state what your path of travcel was when you were here for that ride. State the names of the counties and the cities you traveled through, all of them. Then you could begin to look up the firearms laws in each to find out if you violated any.

The main point I have been trying to make on this forum, like others have tried on here, is that each of us should try and follow all applicabale laws pretaining to firearms by doing our part to look them up and do our own research instead of just doing the I heard it from this guy on the forum or a friend. I'm pretty sure the cop putting the handcuffs on you will not care.