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Thread: Passing through northwest Oregon, how's the attitude?

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    Regular Member Metalhead47's Avatar
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    Passing through northwest Oregon, how's the attitude?

    My wife & I will be passing thru the NW corner of Oregon in a couple weeks on our way to Phoenix. Our Washington CPL's are no good there, of course, so it's OC or nothing, and I understand cities are free to restrict it without a valid Oregon permission slip. We're not planning on making any stops (partly because of that), and I would *assume* the general attitude east of the Cascades down there is similar to up here, but I'd appreciate some input from the locals.
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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    You probably run more of a chance of being harassed in heavier populated areas, but for the most part people tend to not care or to stare a bit. Be aware that if you're driving through Portland/Salem/any other city that prohibits open carrying without a CHL, that if you are open carrying in your car then you are violating their municipal code. I'm not entirely sure how one should transport a firearm through these cities, but I'm guessing having it unloaded in a locked, fully-enclosed container would suffice.

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by bigtoe416 View Post
    You probably run more of a chance of being harassed in heavier populated areas, but for the most part people tend to not care or to stare a bit. Be aware that if you're driving through Portland/Salem/any other city that prohibits open carrying without a CHL, that if you are open carrying in your car then you are violating their municipal code. I'm not entirely sure how one should transport a firearm through these cities, but I'm guessing having it unloaded in a locked, fully-enclosed container would suffice.
    I am if the opinion that any states (including WA CPL) license is good enough to override the local OC restrictions. You cannot conceal on a WA CPL, but you can OC (not into public buildings though) without the local laws effecting you. ORS 166.173(2)(c) spells it out...note...it states "license to carry a concealed weapon" and does NOT say licensed under ORS 166.290-291 (that exemption is in ORS 166.173(2)(d) if you follow the link)

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    Regular Member xxx.jakk.xxx's Avatar
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    Quote Originally Posted by hermannr View Post
    I am if the opinion that any states (including WA CPL) license is good enough to override the local OC restrictions. You cannot conceal on a WA CPL, but you can OC (not into public buildings though) without the local laws effecting you. ORS 166.173(2)(c) spells it out...note...it states "license to carry a concealed weapon" and does NOT say licensed under ORS 166.290-291 (that exemption is in ORS 166.173(2)(d) if you follow the link)
    I like that interpretation as I'm a WA resident but native to Oregon so I would like to be allowed to carry without worry, but how would the argument hold up in ocurt? Any case law one way or the other?
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    Quote Originally Posted by xxx.jakk.xxx View Post
    I like that interpretation as I'm a WA resident but native to Oregon so I would like to be allowed to carry without worry, but how would the argument hold up in ocurt? Any case law one way or the other?
    No case law.. unless you want to test it...

    Basicially if you are OC and 'unloaded' you will be fine.

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by xxx.jakk.xxx View Post
    I like that interpretation as I'm a WA resident but native to Oregon so I would like to be allowed to carry without worry, but how would the argument hold up in ocurt? Any case law one way or the other?
    Very hard to have "case law" on something that is not illegal.

    Not only does ORS 166.173 specifically state just "license to carry concealed" If you check Astoria's ordinance 5.010(C)(3) is even more specific. It states: "(3) Any person having a valid permit issued to the person by lawful authority to carry or use concealed firearms" (my bold)

    If you read Portland, Salem and Bevertons ordinances...the exemptions are very similar..for good reason...that is what ORS 166.173 states.

    Everyone makes a big deal about OR not recognizing any other states concealed permits...and that is 100% valid...for CC and for entering a "Public" building (think city hall, sheriffs office etc)...

    But for purposes of OC exemptions to local government laws enacted as per ORS 166.173...they will recognize any valid permit from any legal governmental entity. Because, that is what the law states.
    Last edited by hermannr; 05-23-2012 at 12:49 AM.

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    Regular Member VW_Factor's Avatar
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    The exemption provided by

    166.260 1. (h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

    166.291 mentions specifically Oregon Concealed handgun licence. While not labelled under the definition portion of the ORS section, I would still warn caution to how you have interpreted the law here.
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    Regular Member hermannr's Avatar
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    Quote Originally Posted by VW_Factor View Post
    The exemption provided by

    166.260 1. (h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

    166.291 mentions specifically Oregon Concealed handgun licence. While not labelled under the definition portion of the ORS section, I would still warn caution to how you have interpreted the law here.
    We are talking about ORS 166.173(2)

    (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

    (a) A law enforcement officer in the performance of official duty.

    (b) A member of the military in the performance of official duty.

    (c) A person licensed to carry a concealed handgun.

    (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370 (Possession of firearm or dangerous weapon in public building or court facility

    If you will notice (d), and follow the link you will find there...a very specific link to ORS 166.291 and 292.

    So, I ask you this: If (c) only applies to an OR CHL, why does (d) exist as an exemption?

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    Regular Member VW_Factor's Avatar
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    I know what sections you were talking about. I simply have pointed out the section where a specific state license was mentioned. Albeit in a different context, a judge or DA may see it differently.

    Only going to say YMMV, and IANAL.
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    Regular Member Ironbar's Avatar
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    Quote Originally Posted by Metalhead47 View Post
    My wife & I will be passing thru the NW corner of Oregon in a couple weeks on our way to Phoenix.
    Just out of curiosity, how exactly do you do that without passing through some other part of Oregon too???

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    Regular Member Metalhead47's Avatar
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    Quote Originally Posted by Ironbar View Post
    Just out of curiosity, how exactly do you do that without passing through some other part of Oregon too???
    I-82/84. Crosses into Oregon about 50 miles south of the TriCities, kinda where the Columbia river turns north, then crosses into Idaho 50 miles or so east of Boise.

    Haven't been east of the mountains, have you?
    Last edited by Metalhead47; 05-24-2012 at 04:16 PM.
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    Regular Member hermannr's Avatar
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    Quote Originally Posted by VW_Factor View Post
    The exemption provided by

    166.260 1. (h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

    166.291 mentions specifically Oregon Concealed handgun licence. While not labelled under the definition portion of the ORS section, I would still warn caution to how you have interpreted the law here.
    Also, just so everyone understands we are talking about OC.....166.260 is addressing exemptions to prohibitions in 166.250.

    ORS 166.250 (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

    Edited to add: ORS 166.250(3) and ORS 166.173(2)(c) is why I say, OC through Portland with a WA CPL is 100% legal.
    Last edited by hermannr; 05-24-2012 at 09:50 PM.

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    Campaign Veteran ak56's Avatar
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    Quote Originally Posted by Metalhead47 View Post
    My wife & I will be passing thru the NW corner of Oregon ...
    Quote Originally Posted by Metalhead47 View Post
    I-82/84. Crosses into Oregon about 50 miles south of the TriCities, kinda where the Columbia river turns north, then crosses into Idaho 50 miles or so east of Boise.

    Haven't been east of the mountains, have you?
    That's the NorthEAST corner of Oregon, hence other's confusion. I've driver that route a number of times, usually only stopping at rest areas, and have never had an issue with OC. I'll be back through there next weekend on my way home from Texas. Will be spending a few hours in Pendleton; we'll see how OC goes there.
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    I too will be passing through Oregon, from California on my way to Washington, driving up I-5 and then down 97 through Bend on my way back south in a month. I plan to OC the entire way, with the exception of Portland and Salem. However I have a quick question. After reviewing all the pertinent data, scanning over the laws and reading this forum I seem to be unclear as to whether or not Oregon is a Loaded or Unloaded OC state. It appears to me that in some ares Loaded is illegal without a CHL, but unloaded is fine. While in other areas Loaded is fine even without a CHL. Any help in clearing this up would be appreciated. Also, since I will be in Washington I already plan to unload my weapon when I get into a vehicle, does Oregon have similiar restrictions?

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Quote Originally Posted by alxndrxvier View Post
    I too will be passing through Oregon, from California on my way to Washington, driving up I-5 and then down 97 through Bend on my way back south in a month. I plan to OC the entire way, with the exception of Portland and Salem. However I have a quick question. After reviewing all the pertinent data, scanning over the laws and reading this forum I seem to be unclear as to whether or not Oregon is a Loaded or Unloaded OC state. It appears to me that in some ares Loaded is illegal without a CHL, but unloaded is fine. While in other areas Loaded is fine even without a CHL. Any help in clearing this up would be appreciated. Also, since I will be in Washington I already plan to unload my weapon when I get into a vehicle, does Oregon have similiar restrictions?
    You can drive in Oregon while loaded open carrying without a CHL. You can loaded open carry in the vast majority of places in Oregon. There are a handful of cities that don't allow loaded open carry without a CHL, you can find them over here. You can still UOC in those cities, just stay out of public buildings and post offices and the usual places. Portland also has a "no loaded magazines" code, I'm not exactly sure how to lawfully transport a firearm through Portland, but I'd guess that throwing your handgun and mags in a locked, fully-enclosed container would suffice.

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    Quote Originally Posted by bigtoe416 View Post
    You can drive in Oregon while loaded open carrying without a CHL. You can loaded open carry in the vast majority of places in Oregon. There are a handful of cities that don't allow loaded open carry without a CHL, you can find them over here. You can still UOC in those cities, just stay out of public buildings and post offices and the usual places. Portland also has a "no loaded magazines" code, I'm not exactly sure how to lawfully transport a firearm through Portland, but I'd guess that throwing your handgun and mags in a locked, fully-enclosed container would suffice.
    Firstly thanks for the response, very helpful. On the way up I will be only stopping for gas when necessary and for a couple of hours in Corvalis to visit my brother. I had already planned on putting my firearm into my locking range bag transported in the trunk of my car while traveling through both Salem and Portland, just to avoid any issues. As far as I can tell Corvalis allows OC except on public transit, which is fine as I won't be using it. On the way back I will be staying in central Oregon for a few days, visiting family and plan to OC there; La Pine, Bend, etc. I know in Bend I can't go into the parks while OCing, which is fine, also don't plan to do that. I just wanted to be clear about loaded or unloaded while I was in the state. I want to legally exercise my 2A rights, and not have any problems. That's all. Thanks again for the clarification.

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