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Thread: Moving to Portland next year, restrictions on home defense gun?

  1. #1
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    Moving to Portland next year, restrictions on home defense gun?

    Hey all, simple question that I hope you can give me some simple answers to because I can't make heads or tails of the local guns laws as they are written *no wonder they are so many freaking lawers, no one can understand gun laws*

    Anyway, I'm planning on moving to the Portland city area sometime next year and I would like to know what are the gun laws for the Oregon state and Washington state area for Vancouver in regards to owning a firearm for home defense, specifically, I have a Springfield XDm 9mm and a Remington Tactical 870 express that I use for home protection here in Montana. I DO NOT open carry for my own personal reasons and will continue to do so in oregon, so please no discussion about that.

    I'm curious as to what the state and local laws say in regards to owning guns in your own home, weather it be a house, or an apartment likely in my case and if a pistol and or a shotgun changes any of the particular laws in defending oneself in a home invasion scenario and if there are any castle laws in place.

    Thanks for any info you can give me so I be prepared when I move next year and hopefully, not have to sell one or either of my guns as a result of moving to a far more liberal area.

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    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by Freezebyte View Post
    Hey all, simple question that I hope you can give me some simple answers to because I can't make heads or tails of the local guns laws as they are written *no wonder they are so many freaking lawers, no one can understand gun laws*

    Anyway, I'm planning on moving to the Portland city area sometime next year and I would like to know what are the gun laws for the Oregon state and Washington state area for Vancouver in regards to owning a firearm for home defense, specifically, I have a Springfield XDm 9mm and a Remington Tactical 870 express that I use for home protection here in Montana. I DO NOT open carry for my own personal reasons and will continue to do so in oregon, so please no discussion about that.

    I'm curious as to what the state and local laws say in regards to owning guns in your own home, weather it be a house, or an apartment likely in my case and if a pistol and or a shotgun changes any of the particular laws in defending oneself in a home invasion scenario and if there are any castle laws in place.

    Thanks for any info you can give me so I be prepared when I move next year and hopefully, not have to sell one or either of my guns as a result of moving to a far more liberal area.
    Washington= No class 3 NFA weapons
    Oregon=anything legal to own under federal law, NFA weapons ok with federal license.

    I'm serious, as long as you're not a felon any gun you can legally own in Montana you can own in WA and OR. unless your 870 is sawed off there will be no problems.

    Here is Washington law, 9.41.190 "Unlawful Firearms-Exceptions" plain as day these guns you can't own in Washington

    (1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or to assemble or repair any machine gun, short-barreled shotgun, or short-barreled rifle.
    RCW 9.41.010 defines machine gun as
    (11) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

    (17) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

    (18) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
    The definitions for short barreled rifle and short barreled shotgun follow federal definition.
    So as long as your guns don't require a federal tax stamp you can own them in Washington.

    I'm going to see if an Oregonian will help you out with Oregon law, but I'm certain it closely follows WA law.
    Last edited by EMNofSeattle; 10-18-2012 at 10:52 PM.
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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    Sorry but im pretty noobish when it comes to firearms except the basics of safety and ownership, whats a class 3 NFA weapon? Also, I know this isn't the best place to ask, but if I have to sell a gun to help me move finacially, what gun would be better for an apartment/townhouse dwelling?
    Last edited by Freezebyte; 10-18-2012 at 11:21 PM.

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    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by Freezebyte View Post
    Sorry but im pretty noobish when it comes to firearms except the basics of safety and ownership, whats a class 3 NFA weapon? Also, I know this isn't the best place to ask, but if I have to sell a gun to help me move finacially, what gun would be better for an apartment/townhouse dwelling?
    If any of your guns meet this definition they are NFA weapons.

    26 U.S.C. 5845 : US Code - Section 5845: Definitions

    [I]For the purpose of this chapter -
    (a) Firearm
    The term "firearm" means (1) a shotgun having a barrel or barrels
    of less than 18 inches in length; (2) a weapon made from a shotgun
    if such weapon as modified has an overall length of less than 26
    inches or a barrel or barrels of less than 18 inches in length; (3)
    a rifle having a barrel or barrels of less than 16 inches in
    length; (4) a weapon made from a rifle if such weapon as modified
    has an overall length of less than 26 inches or a barrel or barrels
    of less than 16 inches in length; (5) any other weapon, as defined
    in subsection (e); (6) a machinegun; (7) any silencer (as defined
    in section 921 of title 18, United States Code); and (8) a
    destructive device. The term "firearm" shall not include an antique
    firearm or any device (other than a machinegun or destructive
    device) which, although designed as a weapon, the Secretary finds
    by reason of the date of its manufacture, value, design, and other
    characteristics is primarily a collector's item and is not likely
    to be used as a weapon.
    (b) Machinegun
    The term "machinegun" means any weapon which shoots, is designed
    to shoot, or can be readily restored to shoot, automatically more
    than one shot, without manual reloading, by a single function of
    the trigger. The term shall also include the frame or receiver of
    any such weapon, any part designed and intended solely and
    exclusively, or combination of parts designed and intended, for use
    in converting a weapon into a machinegun, and any combination of
    parts from which a machinegun can be assembled if such parts are in
    the possession or under the control of a person.[\I]


    Your 870 and Springfield should not fall under these definitions. So they'll be ok. Anything outside this legal definition you should be able to own without problems.

    I'd keep Springfield XD so that if you need to carry a piece on you in public or a disaster happens your gun is easily portable. And they're easier to hide in a town house or apartment if you have nosy managers or roommates.
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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    Regular Member We-the-People's Avatar
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    WA prohibits SBR's, suppressors, etc? That's sucks. What are they Californiaish?
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
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    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

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    Quote Originally Posted by We-the-People View Post
    WA prohibits SBR's, suppressors, etc? That's sucks. What are they Californiaish?
    It more than sucks .. the law is unconstitutional IMO.

    And remember, just because WA law says that does not mean you cannot own it ... you just can't bring it into the state..

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    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by We-the-People View Post
    WA prohibits SBR's, suppressors, etc? That's sucks. What are they Californiaish?
    Yeah... Well they just changed the law on silencers so those are now legal
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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    Quote Originally Posted by davidmcbeth View Post
    It more than sucks .. the law is unconstitutional IMO.

    And remember, just because WA law says that does not mean you cannot own it ... you just can't bring it into the state..
    Too funny.....
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by We-the-People View Post
    WA prohibits SBR's, suppressors, etc? That's sucks. What are they Californiaish?
    In WA you MAY have and use suppressors if you have the federal tax stamp. You can have the other NFA items if you owned them prior to 1986, but you cannot purchase, sell, or use in a felony.

  10. #10
    Regular Member hermannr's Avatar
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    Quote Originally Posted by Freezebyte View Post
    Hey all, simple question that I hope you can give me some simple answers to because I can't make heads or tails of the local guns laws as they are written *no wonder they are so many freaking lawers, no one can understand gun laws*

    Anyway, I'm planning on moving to the Portland city area sometime next year and I would like to know what are the gun laws for the Oregon state and Washington state area for Vancouver in regards to owning a firearm for home defense, specifically, I have a Springfield XDm 9mm and a Remington Tactical 870 express that I use for home protection here in Montana. I DO NOT open carry for my own personal reasons and will continue to do so in oregon, so please no discussion about that.

    I'm curious as to what the state and local laws say in regards to owning guns in your own home, weather it be a house, or an apartment likely in my case and if a pistol and or a shotgun changes any of the particular laws in defending oneself in a home invasion scenario and if there are any castle laws in place.

    Thanks for any info you can give me so I be prepared when I move next year and hopefully, not have to sell one or either of my guns as a result of moving to a far more liberal area.
    I will try make this simple...In WA you can own anything you want, except a short barrel rifle, Short barrel Shotgun, and a full auto machine gun (one pull of the trigger results in more than one round being fired)

    In OR you can have any weapon that is legal under federal law...including a machine gun.

    Where OR and WA differ the most is with carry (openly or concealed) In OR, town (local government) like Portland May restrict unlicensed carry (and Portland does) In WA, local government cannot restrict basically anything (RCW 9.41.300. However, without a CPL you cannot carry a loaded weapon in a vehicle. You can (if carried openly in a holster on your hip, and not in a restricted town) carry a loaded pistol in your Vehicle in OR> Big laws WA RCW 9.41.050, (restrictions) and .060 (exemptions) in OR the equiviant laws are ORS 166.250 and ORS 166.260.

    In OR if you have a hunting or fishing license, and you are hunting or fishing, you may carry openly or conceal without an OR CHL. In WA, if you are engaged in ANY outdoor recreational activity (hiking, horseback riding, camping...hunting, fishing...etc) you may carry openly or conceal without a WA CPL...(This includes going to and coming from shuch activity) Other than that, you cannot have a loaded concealed weapon without a CHL/CPL.

    Also: To answer your specifi question as to while in your own dwelling? You can do what you want while in your own dwelling in either state...it is after you step off your property that these laws effect you...neither state has any type of registration or restrictions. You might also want to read RCW 9.41.270. (heck, read all of RCW 9.41 and ORS 166.)
    Last edited by hermannr; 10-21-2012 at 12:28 AM.

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