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Unlawful firearm possesion

B

btrombl

New member
Joined
Aug 30, 2008
Messages
8
Location
, Oregon, USA
imported post

What do you guys think?

According to ORS 166.250 " It is unlawful to possess a handgun that is concealed and readily accessible to the person within any vehicle".

But one of the defences to the crime states " Firearms carried openly in belt holsters are not concealed within the meaning of this section".

If I am carrying my gun on my right side and I am stopped by a LEO who cannot see my weapon, is this considered "carried openly" or would I be charged for concealing it?"

Also the law states a person can carry a handgun concealed if they are in engaged in licensed fishing or hunting. What about crabbing? Reason I ask is because you don't have to have a fishing license to crab, just a shellfish license.

Just some things to think about
 
H

Heartless_Conservative

Regular Member
Joined
Oct 3, 2007
Messages
269
Location
, Oregon, USA
imported post

IANAL, but I'm fairly certain that it's been ruled that just because a LEO can't see it from one angle, it doesn't count as concealed (otherwise a LEO could close his eyes and claim everyone in the room was 'evading an officer'). Of course, if a LEO really wanted to, you'd probably spend the night in jail before a magistrate threw out the charge. Also, some localities ban the carriage of firearms for those not in possession of a valid state issued license to concel.
 
S

SpizyChicken

Regular Member
Joined
Nov 30, 2008
Messages
29
Location
, Oregon, USA
imported post

In Oregon, Beaverton, Tigard, Portland, Oregon City, and others, they have a BAN on OPEN CARRY in Cars, public places, etc, if you don't have a CCL.

So be careful.
 
P

Phssthpok

Regular Member
Joined
Jul 17, 2007
Messages
1,026
Location
, ,
imported post

SpizyChicken wrote:
In Oregon, Beaverton, Tigard, Portland, Oregon City, and others, they have a BAN on OPEN CARRY in Cars, public places, etc, if you don't have a CCL.

So be careful.
Click to expand...

*TWEEEEEEET!!!!*
thumb_20060216-yellow%20flag.jpg


Flag on the play! Offense. False statement, incomplete information. Five post penalty. FIRST DOWN!


To be more precise, the ban is on LOADED carry...not OPEN carry.;)
 
A

adamsesq

Regular Member
Joined
Oct 1, 2008
Messages
367
Location
, Oregon, USA
imported post

Phssthpok wrote:
SpizyChicken wrote:
In Oregon, Beaverton, Tigard, Portland, Oregon City, and others, they have a BAN on OPEN CARRY in Cars, public places, etc, if you don't have a CCL.

So be careful.
Click to expand...

*TWEEEEEEET!!!!*
thumb_20060216-yellow%20flag.jpg


Flag on the play! Offense. False statement, incomplete information. Five post penalty. FIRST DOWN!


To be more precise, the ban is on LOADED carry...not OPEN carry.;)
Click to expand...
And for a little hint, I direct you to ORS 166.173. 166.170 is another good one to know.

-adamsesq
 
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