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Thread: No Guns On ATV or Snowmobile ORS 821.240

  1. #1
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    Can anyone explain to me why there would be such a restriction. I can't carry on my ATV but I can carry on my motorcycle. There is no logic to this and I would like to know how this happened.



    821.240 Operating snowmobile or all-terrain vehicle while carrying firearm or bow; penalty

    It's not even a gun law, but a traffic offense. This is just wrong in to many ways.

  2. #2
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    821.240 Operating snowmobile or all-terrain vehicle while carrying firearm or bow; penalty. (1) A person commits the offense of operating a snowmobile or an all-terrain vehicle while carrying a firearm or bow if the person operates any snowmobile or all-terrain vehicle with a firearm in the possession of the person, unless the firearm is unloaded, or with a bow, unless all arrows are in a quiver.

    (2) The offense described in this section, operating a snowmobile or an all-terrain vehicle while carrying a firearm or bow, is a Class B traffic violation. [1983 c.338 §729; 1985 c.393 §45; 1985 c.459 §31a; 1987 c.587 §14; 1989 c.991 §15a; 1991 c.589 §1]


    & here's the penalty... $360 + more fines if they want (?)



    153.018 Schedule of penalties. (1) The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment.

    (2) Except as provided in this section, a sentence to pay a fine for a violation shall be a sentence to pay an amount not exceeding:

    (a) $720 for a Class A violation.

    (b) $360 for a Class B violation.

    (c) $180 for a Class C violation.

    (d) $90 for a Class D violation.

    (e) The amount otherwise established by law for any specific fine violation.

    (3) If no special corporate fine is specified in the law creating the violation, a sentence to pay a fine for a violation committed by a corporation shall be in an amount not to exceed twice the fine established under this section for a violation by an individual. If a special corporate fine is specified in the law creating the violation, the sentence to pay a fine shall be governed by the law creating the violation.

    (4) If a person or corporation has gained money or property through the commission of a violation, instead of sentencing the defendant to pay the fine provided for in subsection (2) or (3) of this section, the court may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the violation. For the purposes of this subsection, the defendant’s gain is the amount of money or the value of property, as determined under ORS 164.115, derived from the commission of the violation, less the amount of money or the value of property, as determined under ORS 164.115, returned to the victim of the violation or seized by or surrendered to lawful authority before the time sentence is imposed. [1999 c.1051 §6; 2003 c.737 §103]


    that's ridiculous... hah

    My only guess is they can't regulate what kind of holster, you have, and want to make sure you won't accidentally shoot yourself if you're carrying a loaded weapon in a bag or in your pocket or something. I don't NOT agree with this, just wish it was worded a bit better. Note, this only applies to loaded weapons.
    -Unrequited

  3. #3
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    That is kind of stupid. A lot of people here (Ohio) use ATV/4-wheelers to carry their quarry when hunting large game (deer mostly). I guess they're afraid a loaded gun will fall off and discharge? That or maybe "gangstas" have infiltrated the wilderness and they're staging drive-bys on campers...

    -ljp

  4. #4
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    I like PA has a similar law - sounds like hunting control. A bill to repeal it or exempt permit holders would be one option.

  5. #5
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    unrequited wrote:
    821.240 Operating snowmobile or all-terrain vehicle while carrying firearm or bow; penalty. (1) A person commits the offense of operating a snowmobile or an all-terrain vehicle while carrying a firearm or bow if the person operates any snowmobile or all-terrain vehicle with a firearm in the possession of the person, unless the firearm is unloaded, or with a bow, unless all arrows are in a quiver.

    (2) The offense described in this section, operating a snowmobile or an all-terrain vehicle while carrying a firearm or bow, is a Class B traffic violation. [1983 c.338 §729; 1985 c.393 §45; 1985 c.459 §31a; 1987 c.587 §14; 1989 c.991 §15a; 1991 c.589 §1]


    & here's the penalty... $360 + more fines if they want (?)



    153.018 Schedule of penalties. (1) The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment.

    (2) Except as provided in this section, a sentence to pay a fine for a violation shall be a sentence to pay an amount not exceeding:

    (a) $720 for a Class A violation.

    (b) $360 for a Class B violation.

    (c) $180 for a Class C violation.

    (d) $90 for a Class D violation.

    (e) The amount otherwise established by law for any specific fine violation.

    (3) If no special corporate fine is specified in the law creating the violation, a sentence to pay a fine for a violation committed by a corporation shall be in an amount not to exceed twice the fine established under this section for a violation by an individual. If a special corporate fine is specified in the law creating the violation, the sentence to pay a fine shall be governed by the law creating the violation.

    (4) If a person or corporation has gained money or property through the commission of a violation, instead of sentencing the defendant to pay the fine provided for in subsection (2) or (3) of this section, the court may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the violation. For the purposes of this subsection, the defendant’s gain is the amount of money or the value of property, as determined under ORS 164.115, derived from the commission of the violation, less the amount of money or the value of property, as determined under ORS 164.115, returned to the victim of the violation or seized by or surrendered to lawful authority before the time sentence is imposed. [1999 c.1051 §6; 2003 c.737 §103]


    that's ridiculous... hah

    My only guess is they can't regulate what kind of holster, you have, and want to make sure you won't accidentally shoot yourself if you're carrying a loaded weapon in a bag or in your pocket or something. I don't NOT agree with this, just wish it was worded a bit better. Note, this only applies to loaded weapons.
    I can carry a loaded weapon in my car (no permit required) in Oregon (I'm not a resident)and it's legal, but not on my ATV. Hell, my ATV was bought to hunt off of and to be restricted like this is super stupid and hard on me as I am mobility restricted (handicapped). At least in my home state, Washington,my pistol is legal to carry loaded in either the car or on the ATV. There is a total ban on long guns being loaded in or on (don't even lean it against the vehicle while loaded)any vehicle, but at least my hand gun is legal. I just have to wonder at what kind of twisted thinking came up with this.

  6. #6
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    Bear, your comment about Washington and long guns got me thinking so I looked up the RCW:


    [/b](1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:

    (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in or on a motor vehicle; and

    (b) The rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

    (2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.

    (3) Unlawful possession of a loaded firearm in a motor vehicle or unlawful use of a loaded firearm is a misdemeanor.

    (4) This section does not apply if the person:

    (a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;

    (b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.

    (5) For purposes of this section, a firearm shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the firearm.



    Thanks for pointing out that issue.

  7. #7
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    They don't want people hunting from vehicles, and they include ATVs in that.
    Be prepared. Be very prepared.

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  8. #8
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    thebastidge wrote:
    They don't want people hunting from vehicles, and they include ATVs in that.
    If you are handicapped they will let you shoot from your vehicle, even let another hunter shoot for you (you have to be together)if are blind or your arms or hands don't work right. But the no loaded long guns in vehicle is more of a safety issue than anything else. Of course I just carry my Contender (Super 14)in 45/70 in my vehicle and canstop charging elephants and other cars as need be. But a loaded handgun is always legal while hunting, in orout of your vehicle or under your clothesbecause your hunting license is a de-facto CPL in Washington.

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