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No permit required in Oregon

Discussion in 'Legal' started by p35bhp09, Feb 14, 2006.

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  1. p35bhp09

    p35bhp09 Member

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    The way I read the law, and please excuse me if I'm wrong, is that if your going to or from hunting, fishing, or target shooting you may carry concealed in Oregon without a license. I called the local police dept. and the cop I talked to said that yes he has heard of this law but not sure if other cops would have. He said that I would be better off not trying but if I was obeying the law then I would not be prosecuted. By the way, I am in the process of getting my concealed carry but was curious of loopholes. Has anyone had any experience with this?
     
  2. itgoesboom

    itgoesboom member

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    Havent heard that before. I have had my CHL here in Oregon for going on four years now (has it really been that long???), and I have never really seen that mentioned before.

    I know that you can open carry in most areas, including when hunting. Infact, the only times I have ever carried openly have been while hunting.

    Good luck getting the info, and I am curious to see what the answer is.

    I.G.B.
     
  3. p35bhp09

    p35bhp09 Member

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    update

    I believe the ors is 166.250 and 166.260. And a side question, I take my concealed carry class tomorrow through the multnomah county sheriff. Anybody done this? Do they treat you like a criminal for wanting to be legally armed?
     
  4. carnaby

    carnaby Member

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    It's true in Washington for any "legitimate outdoor activity."

     
  5. unixguy

    unixguy Member

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    target shooting...

    Doesn't language of the law actually state that if you're traveling to or from a range that you are a registered member of then you may carry concealed? I take that to mean that going target shooting out on BLM land doesn't qualify as an exemption.
     
  6. p35bhp09

    p35bhp09 Member

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    member of range

    It does say you have to be a member of a range. But I hate typing so i left that out. I apologize. I will try to be more precise in the future. I'm just wondering if anyone has tried this and had to explain him or herself to the fuzz.
     
  7. Gun_nut

    Gun_nut Member

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  8. TallPine

    TallPine Member

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    In MT you can carry concealed outside of city limits without a permit :)

    IOW, in about 98% of the state.
     
  9. The Real Hawkeye

    The Real Hawkeye member

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    Interestingly, where one intends to go on any particular day, at any particular time, is a factor which resides exclusively in that person's mind, i.e., you could ALWAYS be on your way to an outdoor recreational activity. This fact, taken in conjunction with the fact that, properly concealed, your chances of ever being "made" by a cop is about the same chance you have of winning Lotto, you can pretty much behave as if you have Vermont/Alaska style carry laws in those states with laws like this.

    That said, I used to live in NY State, and had a so called "Sporting Carry Permit" there since 1980 (still a couple of years left on it before it expires, as they only need renewal every five years), and in New York, this is the best kind of license you can generally get (unless you are connected, a celebrity or very wealthy), and it establishes precisely those conditions described above, i.e., you can carry loaded and concealed, so long as you intend your final destination to be one on a list of accepted activities, including a trip to the range (any range), a hike, a camp out, a fishing trip, a hunt, outdoor plinking, a trip to the gunsmith, etc. These intentions are entirely in the head of the person who has them, subject only to his will, thus allowing one to ALWAYS have those "intentions," thus making carry 24/7 perfectly legal with a "Sporting Permit." Helps to keep all your range gear and ammo in the trunk at all times, and or camping/fishing gear, including a tent and some outdoor clothing. "Yeah, officer, I just got off of work, but I'm on my way to a camp out." Keeping your fishing and hunting permits up to date also helps.

    PS been carrying regularly, Vermont Style, since I was 19, i.e., since 1980. Have never been made, so have never needed to explain my sporting intentions.
     
  10. Stickjockey

    Stickjockey Member

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    I didn't take my class through them, but the rest of the permit process is pretty painless.
     
  11. KIDGLOCK

    KIDGLOCK member

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    Gun nut, Why are you listing the brady fools for gun laws???? These people twist everything to there way of thinking if you think this is a fair place to get your info from your wacked as they are:fire: Do not trust anything from them.
    Go to packing.org if you want the best info.
    I think you are the enemy .
     
  12. ktd

    ktd Member

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    I sat in on a class a while ago, the class was taught by a reserve deputy who used to work for Kimber back when they were here. It was a good class. In general, the ccw people here and in the Couv are pretty cool and professional. This may be Portland, but it is still Oregon. Even the sheriff had to admit he was wrong about the bloodinthestreets crap and said the ccw program seemed to work good.

    I got my ccw so I would not have to worry so much about being legal. Just always be discrete.
     
  13. oldfart

    oldfart Member

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    Oregon has another interesting law.
    ORS 166.250 Unlawful Possession of Firearms
    (1) Except as provided in this section, ORS 166.260, 166.270, 166.274, 166.280, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person is knowingly:
    (a)...
    (b) Carries concealed and readily accessible to the person within any vehicle which is under the person's control or direction any handgun, without having a license to carry such firearm as provided in ORS 166.291 and 166.292:

    Later, in the same section:
    ORS 166.250 (3) firearms carried openly in belt holsters are not condealed within the meaning of this section.

    I once asked a CCW instructor about this and he admitted it was true that a person could carry a loaded firearm in a holster in his car and not be guilty of carrying concealed without a license. He also pointed out that few police officers were knowledgeable enough about the law to understand the finer points and would probably arrest me, take my gun and give me a royal runaround before I could ever get it back
     
  14. Carlos

    Carlos Member

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    Had absolutely no problems with Multnomah County Sheriff's office. In fact, when I last renewed (my third time), they gave me a temporary and said my permit would be delivered in 45 days. Two days later, it was there.

    Guess the "nice guy to the bureaucrat" approach worked.

    Personally, get your CHL before you conceal carry, regardless of whether you are coming from a range or other outdoor activity.

    Portland Cops are notoriously trigger happy. Don't tempt the Devil. :evil:

    I took my class Clyde Caseras (sp?) at NW Armory (Saturdays). He also works for Crimson Trace Corp. Great guy, very informative.
     
  15. fantacmet

    fantacmet Member

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    Boom sounds like yer getting ready for renewal time. I've had mine not quite two years. Multnomah county Sheriff's office Instructor is an extremely nice guy, and very helpful. The worst thing he does is tell you about the laws about tri-met and Portland parks, but tells you it's nothing mroe then an ordinance and all they can do is give you a ticket and tell you to leave and tri-met being able to remove you permanantly. While he's right about the laws, the consequences are a bit wrong. According to ORS 166.170-166.172 any laws regarding concealed carry of as firearm not written by the state are null and void to any CHL holder. PERIOD!

    Does not matter where in Oregon you are, Concealed Carry without a license is illegal, period. Refer to ORS 166.170 - 166.173 maybe a couple of others in the 166.17* section. The language there is pretty plain and simple, no ambigious garbage. Also www.oregonfirearms.org is a GREAT site if you have questions and if you ever get in any trouble by some stupid cop not following the laws they are willing to give you a hand any way they can, they even have lawyers working on their side that are good. Check the activists toolbox as well, lots of good info there on laws and such.

    Rev. Michael

    P.S. Anyone live near La-Pine, Gilchrist, or Crescent wanna go shootin this weekend, I will be out in that area at that time. There is an open range out there. Jes let me know, before Friday afternoon, as that is when I am leaving. Leave me a phone number and name and I will call from a payphone when I get there. I'll be bringing my wife's Beretta U22 NEOS, my XD .40, my Taurus PT22(for sale), and my rifle, possibly my shotgun.
     
  16. Carlos

    Carlos Member

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    So, Rev Michael, I just got done reading Tri-Met's ordinance. I don't believe that Tri-Met can trump state law. Am I right.

    I went to the website and find no answer.

    Tell me about Portland Parks. I don't see anything about that.

    Thanks.
     
  17. LAR-15

    LAR-15 Member

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    Really? :what:
     
  18. Carlos

    Carlos Member

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    Looks like Tri-Met can make their little ordinances prohibiting firearms, however, the State says:

    AUTHORITY TO REGULATE FIREARMS

    166.170 State preemption. (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.

    (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]

    So, it looks to me that Tri-Met doesn't have a leg to stand on. I carry on their trains and buses at least 10 times a week, getting to and from work.

    Now, I do visit Portland Parks and I'm researching further. Can't find anything at this point.
     
  19. modifiedbrowning

    modifiedbrowning Member

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    Yep.:) Of course the restriction applies to Logging and Mining camps, too. Not that I have ever actually seen either of them around here. Another cool thing is that the CCW law specifically defines concealed as covered by clothing. Therefore carrying in a fannypack or similar bag does not require a CCW permit.
    Also, this means having a weapon hidden in your vehicle is legal as well.
     
  20. fantacmet

    fantacmet Member

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    Well Portland has an ordinance about city parks but you really need not worry about it as ORS 166.170 is quite plain. You are correct in assuming tri-met doesn't have a leg to stand on. JIC I always carry a copy of the relevant state statutes with me in my wallet, and in case I ever catch the bus(rare but for a couple weeks there I had to as I didn't have insurance on my truck at the time I did catch the bus and I did carry) I also carry a copy of tri-met ordinances.

    Tri-met has recently changed their laws a little, it's under category 2 violations under section B and is as follows.

    "Weapons: No person, except a peace officer, shall bring or carry aboard a District Vehicle any firearm, knife(except a folding knife with a blade of less then 3 1/2 inches in leng), or any other weapon, except in accordance with administrative rules as may be promulgated by the General manager or otherwise provided by law. Where possession of such weapons cannot be prohibited by law, a person in possession of a weapon may not display or carry the weapon in a manner which is likely to result in fear or alarm by other persons or District employees."

    As you can see now with this except as where provided by law they are allowing it, at least in theory. However they are still posing regulations on that carry which is still in violation of ORS 166.170 but is kind of a moot point since that is the idea behind concealed carry anyway. However as history in Oregon has taught us, give them an inch and they take 500 miles. We must not budge, not even on common sense issues such as this. If they are prohibited from making laws regarding it then they are prohibited, common sense or not.

    You should read the little fiasco on the OFF website(www.oregonfirearms.org) between the legislature and the Portland Airport. In 100% accordnace with federal law you can indeed carry inside the terminal, just not past the checkpoint, however Port of Portland says they will arrest anyone carrying and they can have their day in court. Despite the Oregon legislature that wrote the law telling them plainly that their bylaws are illegal, and are void. Also see the section in there regarding carry of firearms on school grounds. Any signs in Oregon regarding firearms near schools, is not extended to CHL holders. If you see any signs that say so they are in violation of the law, and you should take notes and pictures and report it to OFF, they will have their lawyers handle it from there. More then one sign has been removed. Federal law does prohibit guns in public schools, with CHL holders being exempt.

    Either way regardless, in regards to ORS 166.170, Oregon State Law is the ONLY law you should give a damn about other then federal when dealing with firearms within Oregon. PERIOD! Tokeep yourself safe take copies of some of the laws with you, as well as anything else you may find relevant on the OFF website. You may or may not like the OFF or the owner of OFF, however the site is still full of useful information for us.

    Rev. Michael

    **EDIT**
    Portland Local Code regarding firearms can be found here:
    http://www.portlandonline.com/auditor/index.cfm?&a=15437&c=28514
     
  21. Carlos

    Carlos Member

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    Let's put it this way, Rev Michael.

    'DON'T ASK, DON'T TELL"

    You must admit that's pretty much the theory behind concealed carry?
     
  22. Carlos

    Carlos Member

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    You missed the point entirely about a Municipality trumping state law?

    Have a good evening.
     
  23. Mad Chemist

    Mad Chemist Member

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  24. Carlos

    Carlos Member

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    So Mad Chemist did you read the law, or just read his posts?

    Read the law
     
  25. AStone

    AStone Member

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    Club Oregon

    Excuse me...

    I heard that Club Oregon is meeting in this area of cyberspace.

    Did I come to the right room?

    :D

    Nem
     
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