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Thread: Open carry/loaded gun

  1. #1
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    In the state of oregon... are you allowed to open carry a loaded gun? and are you allowed to have a loaded clip on ur hip as well? I also have my CHL, Im just really curious about Open carry laws in oregon.. and So im sorry if some of my questions may be stupid...

    Thanks for reading this.

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    yes it can be loaded.

    magazine not clip



  3. #3
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    Welcome aboard.

    Yes, you can carry loaded - i.e. one in the chamer. Your CHL will exempt you from any local laws in the state. For someone who doesn't have their permit,they would need to check the cities they are visiting as they vary. For example, in PDX, you would need to have it unloaded without a permit while open carrying.

    Ken



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    Some cities have restrictions on carrying a loaded handgun but your CHL exempts you from these restrictions.

    The cities that have restrictions are:

    The Dalles
    Beaverton
    Oregon City
    Bend
    Independence
    Salem
    Tigard
    Portland

    I have been open carrying in Portalnd for over a year now and have not had any problems at all.

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    Bend is only banned in City Parks. CHL exempts one from that ban for CC or OC. The rest of the town and Deschutes County is OC.

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    Unloadedw/o a CHL in these citiesmeans:

    Nocartridges in the hand gun, period.

    This includes any mags you may have on your person.

    You can carry them but they must remain separate from the gun and it's parts.




  7. #7
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    Sooo Pretty Much if you Have a CHL you can open carry with a loaded gun in :

    The Dalles
    Beaverton
    Oregon City
    Bend
    Independence
    Salem
    Tigard
    Portland

    But if you dont have a CHL you cant OPEN carry in thoes places?? is that correct?? and if that is soo... Why does a CHL Change that???



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    Founder's Club Member Gray Peterson's Avatar
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    Read up on the following statutes:

    ORS 166.170
    ORS 166.173
    ORS 166.370.

    This will make things much clearer.

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    Pretty much.... Open carry laws confuse me lol... I guess im just kinda scared how a police officer would react if i was seen OCing, or if im OC'ing in a place i shouldnt and didnt realize it..

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    Glockguy wrote:
    Pretty much.... Open carry laws confuse me lol... I guess im just kinda scared how a police officer would react if i was seen OCing, or if im OC'ing in a place i shouldnt and didnt realize it..
    I've been open carrying for the past three weeks in and around Eugene/Springfield, and although I haven't had any contact with police officers, some people around me have taken notice. No negative comments yet, one kid asked if I was a cop.

    I've carried into three different banks (Oregon Community CU and SELCO CU), stores, the kids' orthodontist, while riding bikes on the bike paths down by the Willamette, and no problems.

    I am prepared if I am confronted by a police officer. My cell phone is set as a voice recorder with only two quick button presses, and I have a printout of all the relevant Oregon Revised Statutes from chapter 166 in my pocket at all times when I'm open carrying. I intend to comply with any lawful orders, and although I'm sure I'm going to be scared s#$%less, I'll do my best to remain respectful and helpful to the police officer while still retaining my rights.

    Since there's no law specifically allowing open carry, you almost have to connect the dots between the different Statutes to see if you're legal or not. What isn't prohibited is allowed.

    I've been meaning to write this out for some time, perhaps to make up a plain english pamplet explaining the laws in case I wanted to explain them to someone. I am not an lawyer, but I think I have it nailed down pretty well.

    My interpretation of the Oregon Revised Statutes, chapter 166 (http://www.leg.state.or.us/ors/166.html) is this:

    ORS 166.250 says I can't carry a concealed firearm, and it can't be concealed within a motor vehicle if it is readily accessable to any occupant, but carried openly in a belt holster is NOT considered to be concealed for the purposes of the Statute. I understand this to mean that even while in a vehicle, I can have it in my belt holster. Even if it can't be seen by a police officer at my window, it CANNOT be considered concealed because it is in a holster, not covered!

    ORS 166.250 also says felons, mentally ill, children under 18 with juvie records, etc. can't have a gun. Children under 18 may have posession of long guns if given with parent or guardian's consent, and pistols temporarily for lawful purposes. So If I wanted to, I could send my kids walking around town with rifles slung over their shoulders, and it would be legal (as long as they don't violate other laws).

    ORS 166.260 tells me I can carry concealed (it says the concealed prohibition does not apply) if I have a hunting or fishing license, and am going to or from a hunting or fishing expedition.If I'm a member of a gun organization/club, I can carry concealed to and from the club's shooting range. It also says if I have a CHL (which I applied for last week and should have before the end of July) I can carry concealed on my person, or in my vehicle.

    ORS 166.370 tells me I cannot carry any firearm in any court facility, public building (including hospitals, city hall, public or private schools, colleges, universities, residence of any state elected official, or ANY building occupied by an "agency of the state or municipal corporation", and the grounds adjacent to the buildings.I take that to mean I can't carry in any city, county, or state government office, including police stations, libraries, etc, and the property up to the public street. If I pick up my kids from school, I have to make sure my handgun is unloaded, and locked in the vehicle. To comply, I unload it and lock it in the glove compartment (It's concealed, but I believe because it's locked, it's not readily accessable), ortrunk.If I am open carrying while riding my bicycle, I cannot ride on the grounds around a public building or school, and must stay in the street or opposite sidewalk. However, when I get my CHL, the ONLY one of these places still prohibited is court facilities, everything else is legal to concealed OR open carry.

    ORS 166.170 (preemption) tells me that the State Legislature is the only government entity in the state of Oregon that can pass laws relating to sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or ammunition.

    However, ORS 166.171 and .172 allow cities and counties to regulate where firearms may be fired, with exceptions for lawful hunting & self defense.

    Here's the one I really dislike:

    ORS 166.173 allows cities or counties to make laws prohibiting LOADED firearms in public places, but this does not apply to people with a CHL. So far the only cities I know of prohibiting loaded firearms are:

    The Dalles
    Beaverton
    Oregon City
    Bend
    Independence
    Salem
    Tigard
    Portland

    The point of Preemption (ORS 166.170) is to keep from having to watch out for a patchwork of gun regulations, but unless you have a CHL, you still have to know city and county laws for possession of loaded firearms. I have heard mentioned that INSIDE your car is not a public place, so you can still have a loaded firearm inside a motor vehicle in those cities without a CHL, but I wouldn't want to be the test case for that

    If ever threatened with Disordertly Conduct or Intimidation, ORS Chapter 166 also deals with Disorderly Conduct (166.023-.025) and Intimidation (166.065). Read those statutes and you'll see that peacefully carrying a handgun in an open belt holster cannot possibly fall within the definitions of those laws.

    SUMMARY:

    Without a CHL, you have to open carry, and can't carry in any "public buildings" or on the property adjacent to them. Watch out for specific cities that ban carrying loaded firearms.

    WITH a CHL, you're good to go ANYWHERE in the state, carrying open, or concealed, except "court facilities." Local ordinances against carrying a loaded firearm do not apply to you.

    Whether licenced with a CHL or not,watch out for FEDERAL buildings and property (have to check federal laws for those).

    Last note: There's one other statute that states you cannot carry a loaded firearm while riding an ATV. I know the legislature is trying to make CHL holders exempt, but that hasn't passed yet.

    GlockGuy, did this clear up Oregon law?

    Does anyone have any comments, corrections, or arguments or affirmations?

    ...Orygunner...





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    Orygunner wrote:

    Last note: There's one other statute that states you cannot carry a loaded firearm while riding an ATV. I know the legislature is trying to make CHL holders exempt, but that hasn't passed yet.

    GlockGuy, did this clear up Oregon law?

    Does anyone have any comments, corrections, or arguments or affirmations?

    ...Orygunner...



    Pretty much on the spot. One final note: There is also a law that says that you may not emit an artificial light from within your vehicle while carrying a handgun, unless you have a CHL. This is probably intended mostly as a hunting regulation, but is so broadly written that, if pulled over OCing a handgun w/o a CHL at night, it's illegal for you to turn your dome light on so that the officer can see into your vehicle better. :quirky


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    grishnav wrote:
    Orygunner wrote:

    Last note: There's one other statute that states you cannot carry a loaded firearm while riding an ATV. I know the legislature is trying to make CHL holders exempt, but that hasn't passed yet.

    GlockGuy, did this clear up Oregon law?

    Does anyone have any comments, corrections, or arguments or affirmations?

    ...Orygunner...



    Pretty much on the spot. One final note: There is also a law that says that you may not emit an artificial light from within your vehicle while carrying a handgun, unless you have a CHL. This is probably intended mostly as a hunting regulation, but is so broadly written that, if pulled over OCing a handgun w/o a CHL at night, it's illegal for you to turn your dome light on so that the officer can see into your vehicle better. :quirky
    Yes, ORS 166.663. It says no bow & arrow or firearm may be in immediate posession while casting an artificiallight from a motor vehicle. Exempt are headlights on a motor vehicle while operated in a usual manner on a highway,CHL holders, and a couple other examples.

    While technicially they could cite you for the dome light, I would have a hard time believing that would stand up in court. I agree it's probably a hunting type regulation to prevent spotlighting game.

    ...Orygunner...

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    Yes you can carry open and loaded in Oregon. You can also carry open if you have a CHL. I called the Sheriff's office and asked about open carry even with my CHL because i came from California where you cant carry open if you have a CHL. I dont know though about the mags.

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    I really appreciate you doing this. It's really help A LOTin my discussions with fellow 2nd amendment rights activists, and has really cleared things up for me. God bless!

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    Glockguy wrote:
    In the state of oregon... are you allowed to open carry a loaded gun? and are you allowed to have a loaded clip on ur hip as well? I also have my CHL, Im just really curious about Open carry laws in oregon.. and So im sorry if some of my questions may be stupid...

    Thanks for reading this.
    the open carry of an unloaded gun has about as much value as the open carry of a hammer.... infact the roofing hammer might be BETTER....
    *Disclaimer~ I am not an attorney, i do not give legal advice. Any opinion stated here is in no way meant to insinuate, imply, compel or encourage that you should do anything that is illegal either knowingly or otherwise. My answers however valid may not be complete or applicable to your individual situation. I strongly recommend that you do your own research, make your own decisions and hire an attorney for legal advice ~

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    Regular Member We-the-People's Avatar
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    Now there's an idea Teddybear....... when I go to school i carry a belt holster with a hammer.....hmmmm they'd probably say it fell under "anthing that could be used as a deadly weapon" as they ignore all the gals with heavy purses, people with canes, etc.
    "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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    "every tool is a weapon if you hold it right" Ani DiFranco.....

    ink pen, credit card, drinking straw, pencil, lap dog... all are "DEADLY weapons" in the hands of one willing to use it as so.

    imagine how safe they would feel if they could grasp THAT idea?
    *Disclaimer~ I am not an attorney, i do not give legal advice. Any opinion stated here is in no way meant to insinuate, imply, compel or encourage that you should do anything that is illegal either knowingly or otherwise. My answers however valid may not be complete or applicable to your individual situation. I strongly recommend that you do your own research, make your own decisions and hire an attorney for legal advice ~

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    Regular Member We-the-People's Avatar
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    We were just discussing that on campus yesterday. School policy prohibits basically anythign that could be used as a dangerous weapon....HUH?

    So all those sharp pens and pencils, heavy book bags, umbrellas, cripe even the majority of text books.....ALL PROHIBITED as any one of them COULD be used as a dangerous weapon.

    But they're okay with a some,barely over minimum wage, employees carrying around mace, an ASP, and even firearms because they're called "security guards".

    Go figure.


    "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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    the wage a man earns is irrelevant to me, its his will to do the right thing when times are hard that i wonder about. my brother was an armored car guard for 18 years, all of it on the truck, looking out for other peoples money. this is a job i would never do, put myself in jeopardy for someone elses belongings. i dont care what the wage is, never would be enough for that job.

    on the other hand, i would and have walked into situations that put my life in danger because it was the right thing to do. i just hope that your security guard has thought that thru when his "very bad day" makes him face the reality.... he is working for minimum wage and now he has to earn his pay..... this i have no faith in.... i would rather depend on a few people who realize that THEY themselves are responsible for their own security AND the defence of others...
    *Disclaimer~ I am not an attorney, i do not give legal advice. Any opinion stated here is in no way meant to insinuate, imply, compel or encourage that you should do anything that is illegal either knowingly or otherwise. My answers however valid may not be complete or applicable to your individual situation. I strongly recommend that you do your own research, make your own decisions and hire an attorney for legal advice ~

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    Regular Member We-the-People's Avatar
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    DITTO though I'm pretty sure the security guards DUTY is not to engage but rather "observe and report". While I'm sure a guard would be legally okay if he did engage and BG, I don't believe there is any kind ofDUTY to do so, just as the police department has no duty to the individual but only to society.

    Hopefully most in either profession would "step up" but I don't think they have a legal OBLIGATION to do so. We could debate all day on the moral obligation but that is strictly up to that individuals morals. We all have morals but every one of us has different ones.

    I'd much rather depend on myself, as I know you would as well.
    "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
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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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    "Pretty much on the spot. One final note: There is also a law that says that you may not emit an artificial light from within your vehicle while carrying a handgun, unless you have a CHL. This is probably intended mostly as a hunting regulation, but is so broadly written that, if pulled over OCing a handgun w/o a CHL at night, it's illegal for you to turn your dome light on so that the officer can see into your vehicle better. :quirky"



    Does a match count as artificial? What about a candle? Should I replace all my dome lights with candles???

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    ORS 166.250 says I can't carry a concealed firearm, and it can't be concealed within a motor vehicle if it is readily accessable to any occupant, but carried openly in a belt holster is NOT considered to be concealed for the purposes of the Statute.




    with this in mind, what do i do with the magazine? lock it away in the clove compartment? not easily accessible, and securely locked away? or what should i do?

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    RevolverPride7 wrote:
    ORS 166.250 says I can't carry a concealed firearm, and it can't be concealed within a motor vehicle if it is readily accessable to any occupant, but carried openly in a belt holster is NOT considered to be concealed for the purposes of the Statute.




    with this in mind, what do i do with the magazine? lock it away in the clove compartment? not easily accessible, and securely locked away? or what should i do?
    It's not really clear what to do with the magazine, cause it almost sounds like you could carry the magazine in a mag carrier on your belt also, or on the seat next to you. Except in Portland where they have their no loaded magazines rule, which I believe is not legal to enforce. I'd recommend getting a CHL so you can carry it loaded in the ban cities and in your car.

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    GSXRrider wrote:
    RevolverPride7 wrote:
    ORS 166.250 says I can't carry a concealed firearm, and it can't be concealed within a motor vehicle if it is readily accessable to any occupant, but carried openly in a belt holster is NOT considered to be concealed for the purposes of the Statute.




    with this in mind, what do i do with the magazine? lock it away in the clove compartment? not easily accessible, and securely locked away? or what should i do?
    It's not really clear what to do with the magazine, cause it almost sounds like you could carry the magazine in a mag carrier on your belt also, or on the seat next to you. Except in Portland where they have their no loaded magazines rule, which I believe is not legal to enforce. I'd recommend getting a CHL so you can carry it loaded in the ban cities and in your car.

    ok thank you. i think i have gotten enough info i need. i do not have a DHL but plan on getting one soon. in the meantime, i will continue to express my 2nd amendment right and OC were its legal. ill start a new thread about my experiences with OC in Central Oregon. BTW i also carry two pamphlets on me or in my vehicle for the circumstance that i can leave one with a store owner or to show a employee that is not sure what to think about OC. its just a good idea.

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    I wouldn't think you would have much trouble in central oregon. I've been on a motorcycle trip to baker city a couple times, last time I saw a lady in some small town riding a quad w/ a rifle in a rack. Just going down the street....pretty cool

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