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Oregon open carry techniques

Rev. Phil

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:question:

I am an Oregon native transplanted to Texas 21 years ago. I have a TX CHL and I am planning a summer vacation to Oregon.

I am looking for the best strategy to go about as armed a possible without being bugged by police stops or being arrested. I have not been to Oregon since 95 then it seamed that guns were still not a big deal like when I was a Kid there. It seems that the environment might be more volitile today.

My thoughts are as follows

#1

Just bring a good pump 20 gauge and keep it in the front seat of the rental car unloaded with shells in a butt cuff. I can get a pump up and running fast.

#2

Bring the glock and keep it unloaded while in the major cities and loaded in plain sight in the center console when not in the 5 or six prohibited cities. And carry a good clip on holster for walks in the woods.

#3

Just keeping the stupid thing concealed and on my person and roll the dice. No one can detect my keltec 380 in my front pocket...no one.(Getting too old for this one I'm afraid I have too much too lose)

Let me know what yall might do in my situation.
 

Malum Prohibitum

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Rev. Phil wrote:
:question:

I am an Oregon native transplanted to Texas 21 years ago. I have a TX CHL and I am planning a summer vacation to Oregon.

I am looking for the best strategy to go about as armed a possible without being bugged by police stops or being arrested. I have not been to Oregon since 95 then it seamed that guns were still not a big deal like when I was a Kid there. It seems that the environment might be more volitile today.

My thoughts are as follows

#1

Just bring a good pump 20 gauge and keep it in the front seat of the rental car unloaded with shells in a butt cuff. I can get a pump up and running fast.

#2

Bring the glock and keep it unloaded while in the major cities and loaded in plain sight in the center console when not in the 5 or six prohibited cities. And carry a good clip on holster for walks in the woods.

#3

Just keeping the stupid thing concealed and on my person and roll the dice. No one can detect my keltec 380 in my front pocket...no one. (Getting too old for this one I'm afraid I have too much too lose)

Let me know what yall might do in my situation.
I just returned from Oregon (I live in Georgia), and I open carried OWB everywhere for the entire four days. No issues.

Especially while driving. Open carry in a belt holster on strong side.

I was mostly in Eugene and Florence.

I even loaded it up and unloaded in right in the airport parking lot next to the terminal to get it out of and back into my luggage.
 

tattedupboy

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Rev. Phil wrote:
#2

Bring the glock and keep it unloaded while in the major cities and loaded in plain sight in the center console when not in the 5 or six prohibited cities. And carry a good clip on holster for walks in the woods.
Unlicensed open carry, where it is allowed, is allowed only on foot, and not inside vehicles.
 

Malum Prohibitum

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tattedupboy wrote:
Rev. Phil wrote:
#2

Bring the glock and keep it unloaded while in the major cities and loaded in plain sight in the center console when not in the 5 or six prohibited cities. And carry a good clip on holster for walks in the woods.
Unlicensed open carry, where it is allowed, is allowed only on foot, and not inside vehicles.
tattedupboy, this is oregon he is asking about, not Indiana.
 

Malum Prohibitum

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State v. Fisher, 100 Or. App. 149 (1990) “We conclude that the plain language of ORS 166.250 does not make it unlawful for a person to carry a firearm openly in a belt holster, whether or not the person is riding in a motor vehicle.”

State v. Johnson, 96 Or. App. 166 (1989)“Once the officer discovered that defendant carried his knife openly in a sheath at his waist, he no longer had reasonable suspicion, let alone probable cause, to suspect defendant of wrongdoing. The reason for the officer's stop of defendant having dissipated, the subsequent arrest and search were unjustified and therefore illegal.”

;)

http://www.georgiapacking.org/forum/viewtopic.php?t=2151&highlight=oregon
 

tattedupboy

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Malum Prohibitum wrote:
State v. Fisher, 100 Or. App. 149 (1990) “We conclude that the plain language of ORS 166.250 does not make it unlawful for a person to carry a firearm openly in a belt holster, whether or not the person is riding in a motor vehicle.”

State v. Johnson, 96 Or. App. 166 (1989) “Once the officer discovered that defendant carried his knife openly in a sheath at his waist, he no longer had reasonable suspicion, let alone probable cause, to suspect defendant of wrongdoing. The reason for the officer's stop of defendant having dissipated, the subsequent arrest and search were unjustified and therefore illegal.”

;)


http://www.georgiapacking.org/forum/viewtopic.php?t=2151&highlight=oregon

 




I stand corrected
 

Gray Peterson

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Bite My Ass wrote:
Oregon has an interesting attitude about a gun on the belt in a holster:

It's not considered "concealed" for purposes of "open carry" even if it's covered by a coat/jacket.

On the other hand, if the gun is in a holster on the belt and carried "concealed" with a permit . . . and it "flashes" . . . you're legally carrying the gun "open carry."

If you're carrying the gun under a coat/jacket or otherwise "concealed" and you purposely "flash" the gun it's considered "brandishing." Don't be lifting your coat or shirt to indicate to someone that you're armed.

You can carry concealed as a licensed hunter/angler when "going to, coming from, or engaged in a hunting or fishing expedition." If you're armed and have a license, not headed for work or in the middle of a PTA meeting, the Sheriff views you as "on a hunt."
Quote from ORS 166.250(3):

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

Someone carrying in a belt holster under a coat with the holster not visible is definitely concealed. This is per State v. Johnson (1989), State v. Fisher (1990) and definitely State v. Walton (1974). I can give case cites for all three if you wish, and I'm attaching the Johnson case as well which contains a cite from Walton.

As for gun flashing, that's generally illegal in any state unless in self defense. However, there is no "brandishing" statute in Oregon law. Perhaps an overbroad generalization of the specific statute?
 

Attachments

  • State_vs._Johnson.pdf
    17.2 KB · Views: 355

Gray Peterson

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I understand what you're saying, but the Clackamas Co. Sheriff and the Clatsop Co. Sheriff both view a handgun in a holster, on the belt and covered by an open jacket/coat as being "open carry" and not "concealed."

May not be technically correct, but I'd rather the cops err on the side of freedom than restriction.
 

Malum Prohibitum

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Lonnie Wilson wrote:
I understand what you're saying, but the Clackamas Co. Sheriff and the Clatsop Co. Sheriff both view a handgun in a holster, on the belt and covered by an open jacket/coat as being "open carry" and not "concealed."

May not be technically correct, but I'd rather the cops err on the side of freedom than restriction.

Yep. I mean, they are free not to arrest anybody they do not want to arrest. :D

I still think it is a good idea to keep a fishing pole in the backseat. See? I am going-to-or-returning-from a fishing trip! :cool:
 
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