Results 1 to 4 of 4

Thread: Open carry in OR with a WA permit.

  1. #1
    Activist Member FireFighterchen's Avatar
    Join Date
    Aug 2011
    Location
    Pasco, WA
    Posts
    30

    Open carry in OR with a WA permit.

    I was recently on another forum when I was over reading about someone open carrying in Seaside. Another member gave me the ORS that states if you have any permit to conceal, from anywhere, you are exempted from OR open carry restrictions.

    166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.
    (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.
    (e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3]

    166.173 (2)(c) is the actual statue that states this. Is there any OR residents or WA residents that can confirm or deny this information with further ORS?

    I have my immediate family that lives in OR (Happy Valley) and they are all close to the restricted areas. I do not want to spend money to pay for a privileged carry method, and want to exercise my Right to OC back in my previous home state. Does my WA permit allow me to open carry in those restricted cities?

    Also, can someone post up any ORS that states they can detain/arrest/charge you with disorderly conduct or some other bull**** reason? I am going to begin researching into open carrying into my neighboring state, so eventually I will find all the information I need, but until then it would be helpful if someone who has done the research can point in the right direction.

    Now I know OR does not have reciprocity with any other permits, you need an OR permit or non res permit to carry concealed. But when it comes to open carry, does it matter?

  2. #2
    Regular Member
    Join Date
    May 2012
    Location
    Portland
    Posts
    42
    I am no lawyer, and you should do more research, and or ask a trusted lawyer to help you understand the laws. Your wa permit is of np use to you in Oregon. Cc, or oc. 166.173 (2)(c) applies only to those with a valid Oregon permit. It is more clear In ORS 166.370 (3)(d). it states. "a person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun" hope this helps some, and gets you in the right direction.
    "To defend my family, and protect our rights"

  3. #3
    Activist Member FireFighterchen's Avatar
    Join Date
    Aug 2011
    Location
    Pasco, WA
    Posts
    30
    Quote Originally Posted by 4runman View Post
    I am no lawyer, and you should do more research, and or ask a trusted lawyer to help you understand the laws. Your wa permit is of np use to you in Oregon. Cc, or oc. 166.173 (2)(c) applies only to those with a valid Oregon permit. It is more clear In ORS 166.370 (3)(d). it states. "a person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun" hope this helps some, and gets you in the right direction.
    Thank you for the reply. So far this is what I have put together from help of other online sources. I contacted Oregon Firearm Federation and hopefully will get an answer soon from them. I will try and find a lawyer that will answer me for free.

    Red is my way of describing it in layman terms.




    166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015. Allows cities to make ordinances that restrict loaded possession of firearms within their city limits.
    (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
    (c) A person licensed to carry a concealed handgun. Any license to carry a concealed handgun exempts the carrier from the ordinances, not just licenses defined in 166.290 and 166.291.


    166.250 (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:
    (a) Carries any firearm concealed upon the person;


    166.250 (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section. So openly carried in a belt holster is not considered (166.250 (1)(a)) knowingly concealed.


    166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect:
    (h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun. Specifically requires an OR concealed handgun license is needed to (166.250) conceal carry.


    166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise:
    (1) “Capitol building” means the Capitol, the State Office Building, the State Library Building, the Labor and Industries Building, the State Transportation Building, the Agriculture Building or the Public Service Building and includes any new buildings which may be constructed on the same grounds as an addition to the group of buildings listed in this subsection.
    (2) “Court facility” means a courthouse or that portion of any other building occupied by a circuit court, the Court of Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel related to the operations of those courts, or in which activities related to the operations of those courts take place.
    (3) “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.
    (4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.
    (5) “Weapon” means:
    (a) A firearm;


    166.370 Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school. (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.
    (3) Subsection (1) of this section does not apply to:
    (d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

    According to 166.360 and 166.370 I need a (166.290 and 166.291) OR concealed handgun license to carry openly or concealed in public buildings.

    They do not specify where the license has to be from in 166.173 like they do in the other 166.2+ ORS's. Does that mean any license that allows me to conceal it anywhere is good? I know no other concealed permit is good in OR to conceal...but it doesn't specify for open.

  4. #4
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
    Join Date
    Jun 2008
    Location
    Oregon
    Posts
    1,748
    Quote Originally Posted by FireFighterchen View Post
    They do not specify where the license has to be from in 166.173 like they do in the other 166.2+ ORS's. Does that mean any license that allows me to conceal it anywhere is good? I know no other concealed permit is good in OR to conceal...but it doesn't specify for open.
    Your interpretation is similar to many other Oregonians on this forum, but be aware that there isn't a court case to back up our interpretation. I can't imagine a decent judge ruling that the difference in wording still means you need an Oregon CHL, but I'm sure we both agree that not all judges are decent.

    As far as disorderly conduct goes, there is a limited and enumerated list of actions that can constitute disorderly conduct. I don't think being a normal person with a handgun on your hip can be construed to mean any of the actions.

    166.023 Disorderly conduct in the first degree. (1) A person commits the crime of disorderly conduct in the first degree if, with intent to cause public inconvenience, annoyance or alarm, or knowingly creating a risk thereof, the person initiates or circulates a report, knowing it to be false:
    (a) Concerning an alleged hazardous substance or an alleged or impending fire, explosion, catastrophe or other emergency; and
    (b) Stating that the hazardous substance, fire, explosion, catastrophe or other emergency is located in or upon a school as defined in ORS 339.315.
    (2)(a) Disorderly conduct in the first degree is a Class A misdemeanor.
    (b) Notwithstanding paragraph (a) of this subsection, disorderly conduct in the first degree is a Class C felony if the defendant has at least one prior conviction for violating subsection (1) of this section. [2005 c.631 §3]

    166.025 Disorderly conduct in the second degree. (1) A person commits the crime of disorderly conduct in the second degree if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:
    (a) Engages in fighting or in violent, tumultuous or threatening behavior;
    (b) Makes unreasonable noise;
    (c) Disturbs any lawful assembly of persons without lawful authority;
    (d) Obstructs vehicular or pedestrian traffic on a public way;
    (e) Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse;
    (f) Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or
    (g) Creates a hazardous or physically offensive condition by any act which the person is not licensed or privileged to do.
    (2) Disorderly conduct in the second degree is a Class B misdemeanor. [1971 c.743 §220; 1983 c.546 §5; 2001 c.104 §55; 2005 c.631 §1]

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •