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Thread: Crib notes

  1. #1
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    Is anyone willing to creat a pocket guide to the Oregon OC laws? I would myself but I'm a WA resident that visits and I'm not up on your guys' laws.

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    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Portland and Oregon City are off limits -- just off the top of my head.

    State Parks, Federal Parks not lawful. These all seem to have signs posted near the gates. Stop and read what the sign says.

    Porltand metro area will be pretty uptight about OC, but outlying areas don't look twice unless you're being "intimidating" . . . But then I'm nearly 60, look middle class and have a nice Galco rig that matches the belt and coordinates with with I'm wearing.

    Most just assume I'm some sort of LEO.

    Some stores get anxious . . . and it seems like it's the ones that sell ammo and sporting goods, the same ones that escort you and your new rifle to the door before you get to hold it.

    Burger King, StarBucks, McDonalds seem to get anxious, unless you're really low key about OC. If you look like you're "hunting" and in a rural area it's fine. If you're in the suburbs, they'll call the police -- or at least ask: "You have a permit for that gun?"

    (No permit required to OC in Oregon.)





    The following cities have laws against open carry by non-CHL holders: Portland, Beaverton, Salem, Oregon City, Tigard, and Independance. Cities and counties may also pass park carry bans (as this is considered a "public place" that may be regulated under ORS 166.173), however again this cannot be enforced against CHL holders.

    See: Oregon Revised Statute 166.173, which I will post in entirety:

    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.
    (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.
    (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370. [1995 s.s. c.1 §4; 1999 c.782 §8]


    The law on this subject is clear as crystal: It states that it does not apply to a person who happens to be licensed to carry a concealed handgun. Before the semantic wordgames get played on "well it says carry a concealed handgun and therefor it must be concealed", the reason why "concealed handgun" is mentioned is only because open carry is not generally regulated and is not licensed.

    You notice in there a lack of an "armed security" exemption to the locally passed laws. The Portland City Council Code 14A.60.010, which enforces the provisions of ORS 166.173 as allowable, includes several exemptions beyond the state law (which is allowed, as Portland may pass as many additional exemptions as it wants because it's their law and their option), which includes armed security on duty at an FDIC insured banking institution.

    Armed Security Officers, who are openly carrying their duty weapons in Portland without CHL's at places other than an FDIC covered institution are in violation of the Portland ordinance and would find no protection in state law or in their DPSST licensing. They must comply with the Portland ordinance by another exemption either in the city code (which includes the issuance of a special license by the City Police Chief which to my understanding is never issued) or in the state code, which has a CHL exemption (the Portland code also has this exemption but I was trying to illustrate a point with the security licensing).

    Every armed security officer job I've ever seen posted in the Portland metro area require a CHL for this reason. As for as ORS 166.173 is concerned, armed security officers are nothing more than private civilians. Some cities may excercise the option to allow all DPSST armed security on duty to carry, and to and from duty (Beaverton has this exemption), however the cities are not required to pass this exemption.

    As for state parks:

    http://arcweb.sos.state.or.us/rules/...6/736_010.html

    Specifically OAR 736-010-0040. This used to ban possession of firearms but Oregon Firearms Federation challenged the Parks and Recreation Department under preemption. Parks and Rec folded and rewrote the rules. If there are any state park signs that prohibit firearms, please report them here and I'll gladly make the appropriate phone calls to get them taken down.

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    Lonnie Wilson wrote:
    The law on this subject is clear as crystal: It states that it does not apply to a person who happens to be licensed to carry a concealed handgun.

    Now if you would just get reciprocity with Georgia or even Utah nonresident licenses.

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    Actually, the way the law is written here . . .

    (c) A person licensed to carry a concealed handgun.

    I don't see any requirement that the person be licensed in Oregon. *LMAO*
    I'll have to try that argument next time I am visiting!

    Actually, I have never been harassed by police or public when open carrying in Oregon. Even the dirty hippies ignore my gun.

    What a great state!

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    Malum Prohibitum wrote:
    Bite My Ass wrote:
    Actually, the way the law is written here . . .

    (c) A person licensed to carry a concealed handgun.

    I don't see any requirement that the person be licensed in Oregon. *LMAO*

    I'll have to try that argument next time I am visiting!

    Actually, I have never been harassed by police or public when open carrying in Oregon. Even the dirty hippies ignore my gun.

    What a great state!

    I'm finding that the dirty hippies are very much into personal liberties and responsibilities. It's the clean hippiesthat will give you trouble.

    You ever notice how their rights are right but your rights are wrong?

    LoveMyCountry


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    Clean hippies are mostly just older, ex-dirty hippies with jobs at U of O and ponytails.

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    What would you like to see on the card. I had started a Concealed Carry FAQ card (to be printed on business cards) that I could hand out if I ever got spotted or otherwise was asked about my carrying. It will have an Adult side and a Kid side, for whoever I am talking to. I'm not done, and could use some suggestions on what else to add. I'm almost out of room on the adult side, but have more space on the kid side.

    Here is the Adult side:
    Why Do You Carry a Gun?
    I have a wife and three daughters.]I want to be able to protect them in case someone wants to hurt them.
    Why Don’t You Call 911?
    I will call 911 as soon as I can. But if something is happening right now I may not have time to wait for the Police to get here.
    Is Carrying a Pistol Legal?
    Yes. ORS 166.291 states that I can. http://www.leg.state.or.us/ors/166.html
    Where Can I Get More Information: Where is it Prohibited to Carry Your Pistol?
    State Office buildings, State Fairgrounds,
    Here is the kid side:
    Why Do You Carry a Gun?
    I have a wife and three daughters. I want to be able to protect them in case someone wants to hurt them.
    Can You Do That?
    Yes. I have special permission from the Sheriff to carry my pistol.
    Why Don’t You Call The Police?
    If something happens to my family, I can’t wait for the police to come and protect them. I need to be able to protect them NOW.

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    jhisaac1 wrote:
    Where is it Prohibited to Carry Your Pistol?
    State Office buildings, State Fairgrounds,
    It is? Why do you say that? :?

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    jhisaac1 wrote:
    Where Can I Get More Information:
    I would add OFF. http://www.oregonfirearms.org/

    Support OFF!

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    I think I read that State Offices are banned in the ORS codes. State Fairgrounds is banned by Administrative Rules. I probably should have saved the exact citations in a bibliography or something.

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    jhisaac1 wrote:
    I think I read that State Offices are banned in the ORS codes.
    http://www.leg.state.or.us/ors/

    There you go.

    Also, read the OFF web site, above.

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    Malum Prohibitum wrote:
    jhisaac1 wrote:
    I think I read that State Offices are banned in the ORS codes.
    http://www.leg.state.or.us/ors/

    There you go.

    Also, read the OFF web site, above.
    Here is the short version.

    "166.370 Possession of firearm or dangerous weapon in public
    building or court facility; exceptions; discharging firearm at school....

    (3) Subsection (1) of this section does not apply to:

    (a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment.

    (b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.

    (c) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.

    (d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.




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    That does seem pretty clear. Time to update the file.
    Thanks for setting me straight.

    Jason

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    Here is the link to the administrative rules for the fairgrounds.
    http://arcweb.sos.state.or.us/rules/...2/622_055.html

    In a nutshell, it said no weapons, and did not list ORS166.291 as a valid exception.

    Jason

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    jhisaac1 wrote:
    Here is the link to the administrative rules for the fairgrounds.
    http://arcweb.sos.state.or.us/rules/...2/622_055.html

    In a nutshell, it said no weapons, and did not list ORS166.291 as a valid exception.

    Jason
    Still haven't joined OFF?


    That's why we're suing the city of Portland and have already gotten the State Fair to back down on their "no guns" policy. Expect more of this crap in the future.

    http://oregonfirearms.org/faq/

    Join!

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    Support OFF!

    Still haven't joined OFF?

    Join!

    So, do you have an opinion one way or the other on whether OFF is worth looking into?

  17. #17
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    jhisaac1


    In reference to the fairgrounds, it states:

    (1) The following items are prohibited on the property owned or controlled ("fairgrounds") by the Oregon State Fair and Exposition Center ("OSFEC") unless specifically authorized in this rule:
    (d) Weapons;
    (2) Exceptions to the above prohibitions are limited to:
    (a) Weapons of law enforcement officials and those carried by persons authorized by law to carry them when carried in a manner authorized by law;

    http://arcweb.sos.state.or.us/rules/...2/622_055.html

    Would not a person with a permit fall into the category of 'those carried by persons authorized by law'?

    Ken


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    Puddin99 wrote:
    jhisaac1


    In reference to the fairgrounds, it states:

    (1) The following items are prohibited on the property owned or controlled ("fairgrounds") by the Oregon State Fair and Exposition Center ("OSFEC") unless specifically authorized in this rule:
    (d) Weapons;
    (2) Exceptions to the above prohibitions are limited to:
    (a) Weapons of law enforcement officials and those carried by persons authorized by law to carry them when carried in a manner authorized by law;

    http://arcweb.sos.state.or.us/rules/...2/622_055.html

    Would not a person with a permit fall into the category of 'those carried by persons authorized by law'?

    Ken
    Well, yeah.

    Does anybody else want to take a crack at a cheat sheet? I'm not doing to well.:?

    OK, where does everyone/anyone else think we can't carry?Another question would be where can we carry that most people think we can't?


    Jhisaac1

  19. #19
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Yes but the way the language reads it could require Concealed carry only.

    However, Oregon State Fairgrounds is in the city of Salem City limits, and therefor affected by the loaded firearm carry ban, which exempts CHL holders.

    -Lonnie

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    Well thanks for all your help guys. I'm going to print out some of those and put them in the old wallet. I'm going down to Oregon to visit my brother over the long weekend and I'll be OC'ing most the time. His wife has a Marijuana card so I don't OC around her because it is best not to attract attention. :P

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    Ok guys take a look at this. This is the concealed carry law for oregon, check out the bold and underlined area. It says "resides", now I may not be interpreting this right but it looks like you can carry concealed legally in Oregon if you are travelling or live there. Whats up with that?



    166.250 Unlawful possession of firearms. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:[/b]

    (a) Carries any firearm concealed upon the person;

    (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or

    (c) Possesses a firearm and:

    (A) Is under 18 years of age;

    (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

    (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;

    (C) Has been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony;

    (D) Was committed to the Department of Human Services under ORS 426.130; or

    (E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness.

    (2) This section does not prohibit:

    (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

    (A) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or

    (B) Temporarily for hunting, target practice or any other lawful purpose; or

    (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

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

    (4) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8]

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    Allow me to remove the confusing stuff and repeat here what it says.

    This section does not prohibit Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state . . . from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen.





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    FYI, Champoeg State Park has a "no firearms" sign at the West end picnic area. I naturally read that on my way OUT of the park. "Oops." (Concealed carry in any case.)

    Jason

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    jhisaac1
    I thoughtstate parksin Oregon werenot off limits. Or is that for opencarry vs concealed?

    Ken



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    Whoops. I should have previewed my post. This was in response to Lonnie Wilsons first post on page one of this thread. Here is what he said:

    As for state parks:

    http://arcweb.sos.state.or.us/rules/...6/736_010.html

    Specifically OAR 736-010-0040. This used to ban possession of firearms but Oregon Firearms Federation challenged the Parks and Recreation Department under preemption. Parks and Rec folded and rewrote the rules. If there are any state park signs that prohibit firearms, please report them here and I'll gladly make the appropriate phone calls to get them taken down.
    The sign at Champoeg must not have been fixed yet.

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