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Thread: OC Lefty Driving in OR

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    OC Lefty Driving in OR

    I'm planning a trip to OR in a few months. I've done a bunch of reading on the laws and the banned cities. I've seen people say that OCing in the car is considered in plane sight. However, I'm a lefty. Being a driver unless I open the door it's not really in plane sight. Should I still be OK?
    Also I've found no links to any law or court case saying that open carry in vehicle is considered in plane sight.

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Quote Originally Posted by scottk View Post
    Being a driver unless I open the door it's not really in plane sight. Should I still be OK?
    Also I've found no links to any law or court case saying that open carry in vehicle is considered in plane sight.
    It's okay. This is what the law says:

    ORS 166.250: Firearms carried openly in belt holsters are not concealed within the meaning of this section.
    So if you carry in a belt holster, you're good to go.
    Last edited by bigtoe416; 03-06-2014 at 05:58 PM.

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    If Oregon is like Washington you need a permit to carry LOADED in the car.

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    Regular Member Cremator75's Avatar
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    Quote Originally Posted by 45mike View Post
    If Oregon is like Washington you need a permit to carry LOADED in the car.
    Oregon is not like Washington in that way other than in some cities that consider your car a public place.

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    This is real easy; if you are OCing getting into the car you are OCing in the car.

    Nough said.

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    Their are No restrictions to carrying a gun in the car in Oregon, Except, Dont conceal it in your Clothes!

    Banned city restrictions only count if you get out of the car, So have gas!

    P.S. You need an Oregon CHL to conceal there,
    But you can open carry loaded in banned cities, IF you have ANY state permit!
    Many folks that have studied the ORC's agree with this premise.

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    Quote Originally Posted by Grand Puba View Post
    Their are No restrictions to carrying a gun in the car in Oregon, Except, Dont conceal it in your Clothes!

    Banned city restrictions only count if you get out of the car, So have gas!

    P.S. You need an Oregon CHL to conceal there,
    But you can open carry loaded in banned cities, IF you have ANY state permit!
    Many folks that have studied the ORC's agree with this premise.

    If you are not OCing a pistol it must be locked and out of reach so keep it on your belt.

    Bad info. Banned city restrictions apply to public places and oddly enough your car falls into that classification.

    I do not believe the permits from other states has ever been tested. Yes many agree the law reads you are able to do this but do you want to be the test case?

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    Quote Originally Posted by Cremator75 View Post
    Oregon is not like Washington in that way other than in some cities that consider your car a public place.
    Quote Originally Posted by Sethrotull View Post
    Bad info. Banned city restrictions apply to public places and oddly enough your car falls into that classification.
    Have you actually read that case* such that this is your independent and personal analysis, or are you just regurgitating what someone else told you?


    *and thus are also prepared to link to it here.
    Last edited by Gunhobbit; 03-07-2014 at 10:41 AM. Reason: clean up language, add second post

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    Quote Originally Posted by 45mike View Post
    If Oregon is like Washington you need a permit to carry LOADED in the car.
    Can you quote the law that says this?
    Thanks

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    Quote Originally Posted by Grand Puba View Post
    P.S. You need an Oregon CHL to conceal there,
    But you can open carry loaded in banned cities, IF you have ANY state permit!
    Many folks that have studied the ORC's agree with this premise.
    Can someone please test open carry in banned cities with ANY permit. Try to get it through the courts before I got down there. Thanks. Lol.

    Things would be a lot easier if the court system made the loosing party pay all costs of the winner. We the people usually have to pay when we loose. The gov. should also have to pay us when they loose. I think a lot of things would be a lot different if this was the case.

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    Quote Originally Posted by Gunhobbit View Post
    Have you actually read that case* such that this is your independent and personal analysis, or are you just regurgitating what someone else told you?


    *and thus are also prepared to link to it here.
    http://law.justia.com/cases/oregon/c...8/a133855.html

    You want expert analysis too?

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    Regular Member Cremator75's Avatar
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    ^^^ What he said. ^^^

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    Quote Originally Posted by Sethrotull View Post
    Yup. Can't wait to see if it matches mine.

    Of course, to establish "expert" we'll need to know your Oregon State Bar number. Feel free to send it in PM to me if you don't want to post publicly and I'll certify it to the list.
    Last edited by Gunhobbit; 03-07-2014 at 03:42 PM.

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    Thanks guys.

    Not really worried. Have not been pulled over in a long time. Even if I do, sounds like I wont have any trouble unless I'm asked to step out. Then I'd have to let him know I'm armed (not "have to" but I will before stepping out). I could see a cop trying to tell me that having the weapon on my left side while driving is concealed.

    I only carry concealed up here in WA. It'll be interesting to see if I have any encounters while I'm down there. The area I'll be in has no restrictions at all, so I'll be OCing as soon as I get up till I go down. Thats only because OR does not like my WA CPL.

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    Quote Originally Posted by Gunhobbit View Post
    Yup. Can't wait to see if it matches mine.

    Of course, to establish "expert" we'll need to know your Oregon State Bar number. Feel free to send it in PM to me if you don't want to post publicly and I'll certify it to the list.
    Never said I was the expert.

    Please explain why you are trolling. Any reason you are being an upset OCer?

  16. #16
    Regular Member We-the-People's Avatar
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    You may openly carry loaded in a "public place" (see ORS 161.015 (10)) in Oregon unless you are in a "ban city" (see the on the open carry pamphlet for good, but not necessarily complete, list of them). In a "ban city", the inside of your car is considered a "public place" per stare decisis (case law) (State v Ward, 2008).

    You may not (without an OREGON CHL) carry in a "public building" as defined in ORS 166.360 (see ORS 166.360(4)).



    State v Ward, 2008 http://law.justia.com/cases/oregon/c...8/a133855.html

    Oregon Revised Statutes, Chapter 161: http://www.oregonlegislature.gov/bil...013ors161.html

    Oregon Revised Statutes, Chapter 166: http://www.oregonlegislature.gov/bil...013ors166.html
    "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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    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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    I've spoken to my father that lives in OR about this. His responce was..

    "Law enforcement will consider it concealed, even in this case, if the holster can't be seen. In other words if it's concealed behind your body or console as you sit in your vehicle.

    I've talked to several LEOs and this's the way they interpret this. I don't know if they have case law to back it up."

    Does anyone have any actual experience or cases in regards to this. Seems to me the law is clear, but I dont really want to test it in another state.

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    Quote Originally Posted by Cremator75 View Post
    Oregon is not like Washington in that way other than in some cities that consider your car a public place.
    So if OC in public is legal in WA, and a car is considered a "public place" (how the hell did they come up with that one?!), then OCing in a car should also be legal, right?

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    Regular Member DaveT319's Avatar
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    Quote Originally Posted by scottk View Post
    I've spoken to my father that lives in OR about this. His responce was..

    "Law enforcement will consider it concealed, even in this case, if the holster can't be seen. In other words if it's concealed behind your body or console as you sit in your vehicle.

    I've talked to several LEOs and this's the way they interpret this. I don't know if they have case law to back it up."

    Does anyone have any actual experience or cases in regards to this. Seems to me the law is clear, but I dont really want to test it in another state.
    I'm going to have to look around, but I recall seeing somewhere that the seat or seatbelt "concealing" an otherwise open carried firearm is not actually carrying it concealed (assuming you don't have a permit). I'll see if I can find it.

  20. #20
    Regular Member DaveT319's Avatar
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    Can't seem to find it. I've seen a couple references to "if you were OCing before you got in the car, you're still OCing when you get in the car".

    If I stumble back onto the wording I mentioned before, I'll update this.

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    Regular Member We-the-People's Avatar
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    Quote Originally Posted by scottk View Post
    I've spoken to my father that lives in OR about this. His responce was..

    "Law enforcement will consider it concealed, even in this case, if the holster can't be seen. In other words if it's concealed behind your body or console as you sit in your vehicle.

    I've talked to several LEOs and this's the way they interpret this. I don't know if they have case law to back it up."

    Does anyone have any actual experience or cases in regards to this. Seems to me the law is clear, but I dont really want to test it in another state.
    First of all, never take legal advice from someone who is not an attorney whom you have retained.

    Second, NEVER EVER ask police for legal advice. You will end up in jail.

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

    If the weapon is in a belt holster and is not covered by your clothing, it is NOT concealed. If the vehicle console or door, or perhaps a passenger sitting beside you is obscuring it, but you do not have it under your clothing....you are within the law.

    Now, that being said, you will beat the charge. That doesn't mean that if you run into officer Richard Cranium the you can't possibly end up "taking a ride". Not likely but it is always possible.

    AND, remember the FIRST thing I said up above.....HINT...Read my "signature".
    "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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    Quote Originally Posted by scottk View Post
    Can you quote the law that says this?
    Thanks
    RCW 9.41.050 (2) (a)

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    Quote Originally Posted by 45mike View Post
    RCW 9.41.050 (2) (a)
    Sorry. I remembered that one right after I replyed. Does not apply to me.

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    Quote Originally Posted by We-the-People View Post
    First of all, never take legal advice from someone who is not an attorney whom you have retained.

    Second, NEVER EVER ask police for legal advice. You will end up in jail.

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

    If the weapon is in a belt holster and is not covered by your clothing, it is NOT concealed. If the vehicle console or door, or perhaps a passenger sitting beside you is obscuring it, but you do not have it under your clothing....you are within the law.

    Now, that being said, you will beat the charge. That doesn't mean that if you run into officer Richard Cranium the you can't possibly end up "taking a ride". Not likely but it is always possible.

    AND, remember the FIRST thing I said up above.....HINT...Read my "signature".
    I'm sorry, but I cant take any advice from you.

    The law looks clear to me. I'm going to be far from home, and just don't want to have to deal with any orificers. I know I'm really worrying about nothing.
    I hear that the Columbia County Sheriff is going to be up this way at the Tacoma Dome in April with portable finger print scanner to get people their CHL. Its only about a 2 hour drive for me to drive down there.

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    Quote Originally Posted by bigtoe416 View Post
    It's okay. This is what the law says:



    So if you carry in a belt holster, you're good to go.
    The law does not say "weapons carried on belt holsters are not concealed"

    it says "weapons carried Openly on belt holsters are not concealed"

    If you don't have a CHL you couldn't cover your belt-holstered weapon with a jacket or shirt.
    Last edited by catastrophic_success; 04-22-2014 at 03:32 PM.

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