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Thread: Oregon - OC'ing shotgun in vehicle?

  1. #1
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    Oregon - OC'ing shotgun in vehicle?

    Greetings OC'ers!

    Coming out of California, it feels like to a degree I've entered another country now that I'm in Oregon. I feel proud when I see people concealing and/or open carrying, and feel a lot less oppressed than when I lived in CA. That said, I want to make sure I do this right as I want no problems with the law.

    If this has been answered please let me know, but all searches for "shotgun" within the OR. forum have not produced the intel I'm looking for. I travel into Springfield/Eugene every now and then, and was wondering if it's legal to OC a shotgun on the passenger side of the vehicle (barrel facing down, safety on, loaded but not racked)? In my town I don't think it's a problem because it's the norm to see rifles/shotguns carried this way, but as things seem a bit different in SPR/EUG to me, I just want to be sure. It's a Mossberg Persuader (pistol grip) and the barrel is 18.5" if that helps.

    Also, what if it's on the back seat and unloaded completely, rounds in my glove box? Is this still considered open carry, even if my rear windows are tinted?

    Lastly, if any/all of these methods are legal, could you point me in the direction of where this is in ORS so that I can print/laminate/memorize? Thank you!

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    Quote Originally Posted by alef View Post
    Greetings OC'ers!

    Coming out of California, it feels like to a degree I've entered another country now that I'm in Oregon. I feel proud when I see people concealing and/or open carrying, and feel a lot less oppressed than when I lived in CA. That said, I want to make sure I do this right as I want no problems with the law.

    If this has been answered please let me know, but all searches for "shotgun" within the OR. forum have not produced the intel I'm looking for. I travel into Springfield/Eugene every now and then, and was wondering if it's legal to OC a shotgun on the passenger side of the vehicle (barrel facing down, safety on, loaded but not racked)? In my town I don't think it's a problem because it's the norm to see rifles/shotguns carried this way, but as things seem a bit different in SPR/EUG to me, I just want to be sure. It's a Mossberg Persuader (pistol grip) and the barrel is 18.5" if that helps.

    Also, what if it's on the back seat and unloaded completely, rounds in my glove box? Is this still considered open carry, even if my rear windows are tinted?

    Lastly, if any/all of these methods are legal, could you point me in the direction of where this is in ORS so that I can print/laminate/memorize? Thank you!
    No reply yet? Did I post to the wrong forum or did I ask a really stupid question?

  3. #3
    Regular Member VW_Factor's Avatar
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    I do not believe long guns are legal to have loaded while in transport in a vehicle concealed or otherwise.

    I believe also, you are searching for this

    http://www.leg.state.or.us/ors/166.html

    Its the only area in Oregon State Statutes that firearms laws are located.

    Its not often in the city areas anymore, but you'll still see rifles and shotguns in gun racks in the back windows of trucks around in Oregon.

    Welcome to a free state.
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    Quote Originally Posted by VW_Factor View Post
    I do not believe long guns are legal to have loaded while in transport in a vehicle concealed or otherwise.

    I believe also, you are searching for this

    http://www.leg.state.or.us/ors/166.html

    Its the only area in Oregon State Statutes that firearms laws are located.

    Its not often in the city areas anymore, but you'll still see rifles and shotguns in gun racks in the back windows of trucks around in Oregon.

    Welcome to a free state.
    Thank you sir! It seems you are correct. I reviewed 166 and am trying to make sense of this..
    166.250 Unlawful possession of firearms
    - I can't find anything stating it is unlawful to transport, except where it discusses transport of firearms (I assume this means handguns and long guns, shotguns etc) and how they need to be secured in a locked compartment.


    Would an unloaded shotgun not in a locked compartment be illegal?
    "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"[/QUOTE]

    Does this mean one would need to check every county and city within the route to see if they have ordinances that regulate, restrict or prohibit the possession of loaded firearms in public places? Also this begs the question, is the inside of a vehicle considered a public place?

  5. #5
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by alef View Post
    No reply yet? Did I post to the wrong forum or did I ask a really stupid question?
    Moved this to the Oregon sub-forum as it is a state specific question.

    Please keep in mind our Forum Rules

    (14) LONG GUN CARRY IS OFF-TOPIC: This web site is focused on the right to openly carry properly holstered handguns in daily American life. We do NOT promote the carry of long guns. Long guns are great! OCDO co-founders John & Mike and most of the members of this forum own at least one long gun - but due to urban area issues of muzzle control, lack of trigger guard coverage, and the fact that the long gun carry issue distracts from our main mission to promote the open carry of handguns in daily life, we will leave long gun carry activism in the capable hands of the future founders of web sites about long gun carry.
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  6. #6
    Regular Member hermannr's Avatar
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    alef:

    a loaded shotgun in a vehicle in OR is OK except in those cities that have enacted a restriction to unlicensed loaded carry of firearms per ORS 166.173

    That said, do not do this in WA. No loaded long guns in or on a vehicle unless you have a disabled hunting license in WA.

    OR, ID, NV and WA allow Unlicensed loaded OC of a sidearm without a license. OR has some restrictions on loaded carry for an unlicensed person in certain cities that have taken advantage of ORS 166.173, (exceptions in ORS 166.260) and WA has a general unlicensed loaded OC restriction while in a vehicle (with exemptions in RCW 9.41.060)

    If you wish to carry for self protection, in OR, it is best to carry a pistol, OC or CC, with a CHL. Must issue, so if you are not a prohibited person, you should have no problem (see ORS 166.291 and ORS 166.292

    It would be easier to taylor an answer if you would say where in OR you are. Southern and Eastern Oregon have very few restrictions on unlicensed OC. Portland and Salem area do have restrictions on Unlicensed loaded carry.

  7. #7
    Regular Member We-the-People's Avatar
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    Loaded firearms are legal within a vehicle (handguns or otherwise) unless you are in a "ban city". Last time I checked, Springfield IS A BAN CITY....city ordinance/muni code 5.286.

    In a BAN CITY, without an Oregon CHL you cannot have a loaded weapon "in a public place". Oregon case law (court decision) has determined that the inside of your car IS a "public place".

    DO NOT carry loaded in Springfield until/unless you have an Oregon CHL in your possession!

    You can find the Oregon Revised Statutes at the link posted by someone earlier (chapter 166, start reading at 166.170). You can also watch a set of informative, but not legal advice, videos here: http://www.youtube.com/user/OpenCarryUSMC Look for the Oregon Firearms Laws playlist.
    "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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  8. #8
    Regular Member hermannr's Avatar
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    Quote Originally Posted by We-the-People View Post
    Loaded firearms are legal within a vehicle (handguns or otherwise) unless you are in a "ban city". Last time I checked, Springfield IS A BAN CITY....city ordinance/muni code 5.286.

    In a BAN CITY, without an Oregon CHL you cannot have a loaded weapon "in a public place". Oregon case law (court decision) has determined that the inside of your car IS a "public place".

    DO NOT carry loaded in Springfield until/unless you have an Oregon CHL in your possession!

    You can find the Oregon Revised Statutes at the link posted by someone earlier (chapter 166, start reading at 166.170). You can also watch a set of informative, but not legal advice, videos here: http://www.youtube.com/user/OpenCarryUSMC Look for the Oregon Firearms Laws playlist.
    Sprinfield is only a ban city in their parks, unless they just changed that

  9. #9
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by hermannr View Post
    Sprinfield is only a ban city in their parks, unless they just changed that
    It appears you are correct:

    5.286 Possession of Loaded Firearms Prohibited.
    Except as provided in ORS 166.173(2), it shall be unlawful for any person to possess any loaded: firearm, rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism by whatever name known which is designed to expel a projectile through a gun barrel by the action of any explosive powder, gas, compressed air, spring or elastic mechanism at any public park and recreation district facility open to or frequented by the public, including, but not limited to, parks, roads, buildings, and parking lots. This prohibition shall not apply to activities sponsored or authorized by a park district. The above offense is punishable as a violation and subject to a fine not exceeding $720.00 pursuant to SMC section 1.205. [Section 5.286 amended by Ordinance No. 6169, enacted May 15, 2006; further amended by Ordinance No. 6173, enacted May 15, 2006.]


    http://www.qcode.us/codes/springfield/

    Also, using their search utility, no other sections that would be applicable came up.
    "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)
    Beretta92FSLady
    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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    sounds like

    In Springfield if you rent a park space for a personal party. You are exempt because that is an authorized activity?

  11. #11
    Regular Member hermannr's Avatar
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    Quote Originally Posted by nny420 View Post
    In Springfield if you rent a park space for a personal party. You are exempt because that is an authorized activity?
    I don't read that kind of exemption in their law. What I do see is in ORS 166.173(2)(c) there is an exemption if you have a license to conceal (does not include any ORS 166.360 BUILDING) and as I read the law, this would be anyone's license to conceal...but for purposes of LOADED open carry (ORS 166.250(3) ONLY.
    Last edited by hermannr; 01-25-2013 at 02:06 PM.

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