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OC Lefty Driving in OR

scottk

New member
Joined
Mar 6, 2014
Messages
7
Location
Bellingham, WA
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.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
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:

Grand Puba

Regular Member
Joined
Mar 1, 2014
Messages
11
Location
not of this world, wa
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.
 

Sethrotull

Regular Member
Joined
Aug 27, 2011
Messages
56
Location
Portland Oregon
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?
 

Gunhobbit

Regular Member
Joined
Jun 14, 2012
Messages
35
Location
Out by Pendleton
Oregon is not like Washington in that way other than in some cities that consider your car a public place.

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? :confused:


*and thus are also prepared to link to it here. :p
 
Last edited:

scottk

New member
Joined
Mar 6, 2014
Messages
7
Location
Bellingham, WA
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.
 

scottk

New member
Joined
Mar 6, 2014
Messages
7
Location
Bellingham, WA
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.
 

Sethrotull

Regular Member
Joined
Aug 27, 2011
Messages
56
Location
Portland Oregon
Yup. Can't wait to see if it matches mine. :cool:

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?
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
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/court-of-appeals/2008/a133855.html

Oregon Revised Statutes, Chapter 161: http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors161.html

Oregon Revised Statutes, Chapter 166: http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors166.html
 

scottk

New member
Joined
Mar 6, 2014
Messages
7
Location
Bellingham, WA
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.
 

DaveT319

Regular Member
Joined
Feb 1, 2014
Messages
274
Location
Eugene, OR
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?
 

DaveT319

Regular Member
Joined
Feb 1, 2014
Messages
274
Location
Eugene, OR
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.
 

DaveT319

Regular Member
Joined
Feb 1, 2014
Messages
274
Location
Eugene, OR
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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