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Thread: Still Confused about OC with CHL

  1. #1
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    I've read the thread

    http://opencarry.mywowbb.com/forum45/923.html

    And I am still confused about rather or not it is illegal to OC with a CHL.

    I was told you could lose your CHL if your gun is not fully concealed. Meaning that if your gun becomes visible you are breaking the law.

    After reading this:

    ORS 166.173:

    ORS 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]


    I am still confused, can I OC in any city in oregon or not? Can I open carry in any place but the places I am not allowed to conceal in? Can help me here? thanks

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    Who told you you could loose your CHL if you carried openly?

    This one is really easy. Open Carry of a loaded firearm is 100% completely legal anywhere in the State of Oregon (excepting off limit places such as court houses, jails and federal property) if you have a CHL.

    There is ZERO requirement anywhere to conceal just because you have a CHL. Or put another way, anywhere you can carry it concealed you can carry it openly.

    -adamsesq

  3. #3
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    In simple terms:

    IF YOU HAVE A VALID OREGON CHL you may carry your sidearm openly or concealed, loaded or empty in ANY location where you are not specifically prohibited by law from carrying a firearm (courthouse, jail, etc.).

    Remember.... a CHL is LICENSE (permission) to engage in an otherwise prohibited activity (concealing a sidearm)....it does NOT establish a requirement to do so.

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    thanks for clearing that up for me. I live in salem and got my chl yesterday. My only pistol at the moment is a full size HK USP which is sort of tough to conceal with certain attire. I specificaly want to carry when walking my dog around town. anyway, thanks again

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    RallySoob wrote:
    thanks for clearing that up for me. I live in salem and got my chl yesterday. My only pistol at the moment is a full size HK USP which is sort of tough to conceal with certain attire. I specificaly want to carry when walking my dog around town. anyway, thanks again
    Salem is not too far. Come up to our lunch on the 19th in Hillsboro. See the thread in the Oregon section about it. Lots of good food and good people to meet.

    -adamsesq

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    RallySoob wrote:
    thanks for clearing that up for me. I live in salem and got my chl yesterday. My only pistol at the moment is a full size HK USP which is sort of tough to conceal with certain attire. I specificaly want to carry when walking my dog around town. anyway, thanks again
    Rally:

    What makes the HK USP tough to conceal? I ask seriously because I carry a fully size HK USP Tactical which is just a hair larger. How do you carry it? What do you wear to conceal it? I carry mine in a Blackhawk Serpa Lvl II holster with a 5.11 'Shoot-Me-First' vest. Just want to figure out how others are carrying while concealing. Who knows, maybe we could do an open carry meet some time to talk about how to conceal :P

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    Deleted by moderator known troll.

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    MousePrifeII wrote:
    When you are in a city that prohibits open carry, do you HAVE to give a cop your CHL license? do you have to give up your pistol for inspection?

    No city in Oregon can prohibit Open Carry.

    Anytime you are carrying in a manner that might require your CHL you have to provide it if asked for. In a city that prohibits loaded carry without a CHL you kind of are going to have to pick and choose at least one - either you prove to the officer your pistol (and in Portland your magazine) are not loaded OR you show him your CHL. If you are in a public building you don't get the choice...

    Let's go to the statutes for the exact rules to answer your question:

    166.380 Examination of firearm by peace officer; arrest for failure to allow examination. (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.[/b]

    (2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310.
    and

    133.310 Authority of peace officer to arrest without warrant. (1) A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed any of the following:[/b]

    (a) A felony.

    (b) A misdemeanor.

    (c) An unclassified offense for which the maximum penalty allowed by law is equal to or greater than the maximum penalty allowed for a Class C misdemeanor.

    (d) Any other crime committed in the officer’s presence.

    and it goes on...
    -adamsesq

  9. #9
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    So there is places you can not OC with your pistol loaded, even if you have your CHL?



    DenWin wrote:
    RallySoob wrote:
    thanks for clearing that up for me. I live in salem and got my chl yesterday. My only pistol at the moment is a full size HK USP which is sort of tough to conceal with certain attire. I specificaly want to carry when walking my dog around town. anyway, thanks again
    Rally:

    What makes the HK USP tough to conceal? I ask seriously because I carry a fully size HK USP Tactical which is just a hair larger. How do you carry it? What do you wear to conceal it? I carry mine in a Blackhawk Serpa Lvl II holster with a 5.11 'Shoot-Me-First' vest. Just want to figure out how others are carrying while concealing. Who knows, maybe we could do an open carry meet some time to talk about how to conceal :P

    I have the black hawk serpa holster also. Not sure which lvl it is but it has the locking device on it so the pistol won't ever fall out. I need some type of way to conceal it closer to my body other than a belt mounted holster.

    I'll look into the Hilsboro meet, sounds like a good time.

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    RallySoob wrote:
    So there is places you can not OC with your pistol loaded, even if you have your CHL?
    Ah, yes. Courthouses, jails and places owned by the Federal Government immediately come to mind. And any place that the private owner has asked you to not to do so.


    RallySoob wrote:
    I have the black hawk serpa holster also. Not sure which lvl it is but it has the locking device on it so the pistol won't ever fall out. I need some type of way to conceal it closer to my body other than a belt mounted holster.

    I'll look into the Hilsboro meet, sounds like a good time.
    If you are going to make it say so and I'd be happy to bring a variety of different holster/carry options to show you.

    And you still never answered the question "Who told you you could loose your CHL if your gun is not fully concealed?"

    -adamsesq

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    adamsesq wrote:
    RallySoob wrote:
    So there is places you can not OC with your pistol loaded, even if you have your CHL?
    Ah, yes. Courthouses, jails and places owned by the Federal Government immediately come to mind. And any place that the private owner has asked you to not to do so.


    RallySoob wrote:
    I have the black hawk serpa holster also. Not sure which lvl it is but it has the locking device on it so the pistol won't ever fall out. I need some type of way to conceal it closer to my body other than a belt mounted holster.

    I'll look into the Hilsboro meet, sounds like a good time.
    If you are going to make it say so and I'd be happy to bring a variety of different holster/carry options to show you.

    And you still never answered the question "Who told you you could loose your CHL if your gun is not fully concealed?"

    -adamsesq
    That is what I was told by Jim Jacobe, Intsructor in Salem. Maybe I misunderstood what he was saying but that it is what I got from it.

    As far as carrying loaded firearm I figured as much at the mentioned places as you are not allowed to carry a gun there anyway. But are there places you can carry a gun but arent allowed to have it loaded?

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    RallySoob wrote:
    That is what I was told by Jim Jacobe, Intsructor in Salem. Maybe I misunderstood what he was saying but I that it is what I got from it.

    As far as carrying loaded firearm I figured as much at the mentioned places as you are not allowed to carry a gun there anyway. But are there places you can carry a gun but arent allowed to have it loaded?
    Only if you do not possess a valid Oregon CHL.

    If you DO possess a valid Oregon CHL then you are legally entitled to carry your sidearm loaded in any location where the sidearm is legal to be carried.

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    One thing I will tell you is that Jim Jacobe Is a great instructor, and i wouldn't suggest anyone take the class from anyone but him but the minute you ask him about oc... he will Talk against it and Strongly Disagrees with it... because A few guys in My class asked him about it and he Seemed to be upset and irritated. and just advised us " Not to Bother"

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    Glockguy wrote:
    One thing I will tell you is that Jim Jacobe Is a great instructor, and i wouldn't suggest anyone take the class from anyone but him but the minute you ask him about oc... he will Talk against it and Strongly Disagrees with it... because A few guys in My class asked him about it and he Seemed to be upset and irritated. and just advised us " Not to Bother"
    That is the easy way out. I don't have a problem with an instructor giving a personal opinion and even emphasizing the negative aspects of OC (there are quite a few) but the proper way to teach is to understand both sides and instruct on the legalities and the pros/cons of both sides.

    -adamsesq

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    i oc'd at the tea party and everything went fine

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    Got pictures?

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