Results 1 to 16 of 16

Thread: Out of state OC in Oregon?

  1. #1
    Regular Member
    Join Date
    Dec 2012
    Location
    Enumclaw, Wa
    Posts
    3

    Out of state OC in Oregon?

    Hey everyone,

    New to the forum and kind of new to OC. I mostly conceal carry. I am a Washington Resident and will be visiting family near Rosburg due to a death in our family. Not having an Oregon CPL I'll have to open carry. I'm trying to educate myself before I make my trip down. I think I'm good as far as knowing the laws but any help would be great. So a few questions to ease my mind.....

    1) It is ok for me (Non Oregon Res) to OC, right?

    2) To carry in a vehicle the handgun must be locked in the glove box?

    3) Any thing else I should know?

    Thanks everyone.

  2. #2
    Regular Member We-the-People's Avatar
    Join Date
    Aug 2009
    Location
    White City, Oregon, USA
    Posts
    2,234
    Quote Originally Posted by YugoSKS View Post
    Hey everyone,

    New to the forum and kind of new to OC. I mostly conceal carry. I am a Washington Resident and will be visiting family near Rosburg due to a death in our family. Not having an Oregon CPL I'll have to open carry. I'm trying to educate myself before I make my trip down. I think I'm good as far as knowing the laws but any help would be great. So a few questions to ease my mind.....

    1) It is ok for me (Non Oregon Res) to OC, right?

    2) To carry in a vehicle the handgun must be locked in the glove box?

    3) Any thing else I should know?

    Thanks everyone.
    Check the Oregon flyer that is stickied as one of the top threads in the Oregon forum for a LOT of info.

    It is okay to OC in Oregon whether you are a resident or not. There are some restrictions however, and the flyer does a good job of pointing those out. Basically, no government buildings of any kind and you cannot have it loaded when in a "ban" city. I don't know if Roseburg is a ban city (the flyer has a list but look it up online yourself (city codes)).

    To carry in a vehicle DO NOT lock it in a glove box (that is concealed). Simply keep it on your side, OC, in a belt holster or place it on the seat. Again, cities with bans require that it be unloaded due to a court case a couple years back.

    Read the flyer and check the Oregon Revised Statutes just google "oregon revised statutes" and then look for chapter 166. Start reading at 166.170. It's not very long at all.
    "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.

  3. #3
    Regular Member
    Join Date
    Dec 2012
    Location
    Enumclaw, Wa
    Posts
    3
    Quote Originally Posted by We-the-People View Post
    Check the Oregon flyer that is stickied as one of the top threads in the Oregon forum for a LOT of info.

    It is okay to OC in Oregon whether you are a resident or not. There are some restrictions however, and the flyer does a good job of pointing those out. Basically, no government buildings of any kind and you cannot have it loaded when in a "ban" city. I don't know if Roseburg is a ban city (the flyer has a list but look it up online yourself (city codes)).

    To carry in a vehicle DO NOT lock it in a glove box (that is concealed). Simply keep it on your side, OC, in a belt holster or place it on the seat. Again, cities with bans require that it be unloaded due to a court case a couple years back.

    Read the flyer and check the Oregon Revised Statutes just google "oregon revised statutes" and then look for chapter 166. Start reading at 166.170. It's not very long at all.
    Thanks!!! I do some more reading.

  4. #4
    Regular Member hermannr's Avatar
    Join Date
    Mar 2011
    Location
    Okanogan Highland
    Posts
    2,332
    Quote Originally Posted by YugoSKS View Post
    Thanks!!! I do some more reading.
    You especially want to study ORS 166.173, ORS 166.250 (especially (3), and ORS 166.260 and ORS 166.360-380

    General Loaded OC in a vehicle without a CHL is OK in Oregon. Some cities have taken advantage of ORS 166.173 and restrict UNLICENSED LOADED OC within their jurisdictions, unless you have a license to conceal. ((2)(c) (please note: This does not say: without a CHL). Exemption (2)(d) is specific to an OR CHL though. Cities you would pass through on your way to Roseburg that have taken full advantage of ORS 166.173 are Portland, Beverton, Tigard, Independence, Oregon City and Salem. Springfield has a parks only restriction. Other than those towns, you do not need to worry about .173 if you plan on going streight down I5 to Roseburg.

    There is a lot of argument about what the "license to canceal" means, and many Oregon CHL holders understand it to mean only an OR CHL, However, that is not what the exception states...Read ORS 166.173 and make up your own mind.

    Myself (also a WA resident with relatives in OR) I read it as it is written. I have openly carried in OR many times, but have never been questioned as to my carry by LE in one of these cities, so, I cannot say what any, say, Portland Officer might THINK the law is.

    OH yes, Caution! DO NOT CONCEAL without an OR CHL. That is an absolute (unless you are hunting or fishing...see ORS 166.260)
    Last edited by hermannr; 03-07-2013 at 12:59 AM.

  5. #5
    Regular Member
    Join Date
    May 2012
    Location
    North Bay, California
    Posts
    24
    Just a quick follow up question. I come up to Oregon about once a year and last year was the first time I OCd while there. I did a ton of research and still have all of it sitting on my desk at home. Since I am planning to head up in about a month, just wanted to refresh my memory regarding the laws in Oregon. Over the last 12 months have the laws changed at all regarding OC? Last time the only two I had to worry about were the restrictions in Portland and in Bend public parks.

    Any help is greatly appreciated.

  6. #6
    Regular Member We-the-People's Avatar
    Join Date
    Aug 2009
    Location
    White City, Oregon, USA
    Posts
    2,234
    State law hasn't changed though there are a number of bills in the legislature at the moment and could be voted on at any time.

    There are a number of locations that loaded open carry has been banned by non CHL holders. See the stickied Oregon pamphlet at the top of the Oregon forum.

    Multnomah county has recently passed local ordinance banning loaded open carry by non CHL holders, including a loaded magazine ban, not sure what else.
    Last edited by We-the-People; 05-06-2013 at 06:56 PM.
    "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.

  7. #7
    Regular Member
    Join Date
    May 2012
    Location
    North Bay, California
    Posts
    24
    @we-the-people, Thank you for the quick response. I will redownload the pamphlet and double check that it hasn't changed. Or, if it has, verify that none of the banned areas will affect my itinerary.

  8. #8
    Regular Member Cremator75's Avatar
    Join Date
    Aug 2007
    Location
    Beaverton, Oregon, USA
    Posts
    393
    Make sure to look through that thread for the newest version.

  9. #9
    Regular Member We-the-People's Avatar
    Join Date
    Aug 2009
    Location
    White City, Oregon, USA
    Posts
    2,234
    Quote Originally Posted by alxndrxvier View Post
    @we-the-people, Thank you for the quick response. I will redownload the pamphlet and double check that it hasn't changed. Or, if it has, verify that none of the banned areas will affect my itinerary.
    Don't just check the pamphlet, read the thread AND read the laws, including the local ordinances for any cities or counties you're planning to be in or passing through (the Oregon courts have decided the inside of your vehicle is a "public place" and therefore subject to local restrictions on loaded carry).
    "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.

  10. #10
    Regular Member Vwfinatic273's Avatar
    Join Date
    May 2013
    Location
    Kernersville, nc
    Posts
    26

    Out of state oc in Portland

    So I am visiting from out of town to Portland and in North Carolina we can open carry. From what I'm reading Portland isn't friendly to this, is this true? I tried to find the flyer mentioned earlier and didnt see it. Feedback is appreciated!

  11. #11
    Regular Member We-the-People's Avatar
    Join Date
    Aug 2009
    Location
    White City, Oregon, USA
    Posts
    2,234
    Go to the top of this page, click on OREGON on the left side of the page where the white first begins. That will take you to the thread listing for the Oregon forum. The top thread is the Oregon pamphlet. Be sure to read through the thread to get the most current one.

    In Portland you will have to carry unloaded and have your magazines and speedloaders unloaded as well. Only those with an Oregon Concealed Handgun License may carry loaded. See ORS 166.170 through 166.380 for our state laws.
    "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.

  12. #12
    Regular Member Vwfinatic273's Avatar
    Join Date
    May 2013
    Location
    Kernersville, nc
    Posts
    26
    Thanks for the response. I guess that'd be as useful as carrying a BBQ grill around with you.

  13. #13
    Regular Member Bigpapa's Avatar
    Join Date
    Nov 2012
    Location
    Washington
    Posts
    49
    It will be a good ideal to get one, I went to get mines last year and it was a piece of cake I'm in the Tacoma/Lakewood area and we goes down to Portland often.

  14. #14
    Regular Member hermannr's Avatar
    Join Date
    Mar 2011
    Location
    Okanogan Highland
    Posts
    2,332
    Quote Originally Posted by We-the-People View Post
    In Portland you will have to carry unloaded and have your magazines and speedloaders unloaded as well. Only those with an Oregon Concealed Handgun License may carry loaded. See ORS 166.170 through 166.380 for our state laws.
    As you know, there is strong reason to believe that Portland and Multnomah Co have exceeded their authority under ORS 166.173 with the unloaded magazines etc. Agreed? They can restrict a "loaded firearm". A magazine is not a firearm...

    Also: ORS 166.173(2)(c) says nothing about a CHL. It states:

    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 (General definitions).

    (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.

  15. #15
    Regular Member hermannr's Avatar
    Join Date
    Mar 2011
    Location
    Okanogan Highland
    Posts
    2,332
    One other Oregon law you need to read is ORS 166.250 Pay particular attention to: (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

  16. #16
    Regular Member We-the-People's Avatar
    Join Date
    Aug 2009
    Location
    White City, Oregon, USA
    Posts
    2,234
    Quote Originally Posted by hermannr View Post
    As you know, there is strong reason to believe that Portland and Multnomah Co have exceeded their authority under ORS 166.173 with the unloaded magazines etc. Agreed? They can restrict a "loaded firearm". A magazine is not a firearm...

    Also: ORS 166.173(2)(c) says nothing about a CHL. It states:

    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 (General definitions).

    (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.

    Yes, I agree that Portland and Multnomah have exceeded their authority under state law by attempting to prohibit the transportation of ammunition and magazines. However, being a test case is expensive and as yet, no one had challenged these laws.

    I also agree that the LAW doesn't say it must be an Oregon CHL for the exemption to 166.173 authorized ordinances. However, the COURTS are quite troublesome when it comes to firearms.....witness the case law that the inside of your vehicle is a "public place". I certainly wouldn't want to be the test case on that legal theory either.
    "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.

Posting Permissions

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