Jeffytune wrote:I added a little highlight of my own in there.Hi Mike.
Ok, in response to your question about weather if you are carrying your pistol unloaded in a case to the indoor shooting range here in Oregon if that constitutes a concealed carry.
Here is the law for you......
14A.60.010 Possession of a Loaded Firearm in a Public Place. class="small"- Printable Version
A. It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the firearm.
B. It is unlawful for any person to knowingly possess or carry a firearm and that firearm’s clip or magazine, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the clip or magazine.
C. The following are exceptions and constitute affirmative defenses to a violation of this Section:1. A police officer or other duly appointed peace officers, whether active or honorably retired.D. It is unlawful for any person who possesses a firearm, clip or magazine in or upon a public place, or while in a vehicle in a public place, to refuse to permit a police officer to inspect that firearm after the police officer has identified him or herself as a police officer. This Section does not apply to law enforcement officers or members of the military in the performance of official duties, nor persons licensed to carry a concealed handgun or persons authorized to possess a loaded firearm, clip or magazine while in or on a public building or court facility.
2. A member of the military in the performance of official duty.
3. A person licensed to carry a concealed handgun.
4. A person authorized to possess a loaded firearm while in or on a public building under ORS 166.370.
5. A government employee authorized or required by his or her employment or office to carry firearms.
6. A person summoned by a police officer to assist in making arrests or preserving the peace, while such person is actually engaged in assisting the officer.
7. A merchant who possesses or is engaged in lawfully transporting unloaded firearms as merchandise.
8. Organizations which are by law authorized to purchase or receive weapons from the United States or from this state.
9. Duly authorized military or civil organizations while parading, or their members when going to and from the places of meeting of their organization.
10. A corrections officer while transporting or accompanying an individual convicted of or arrested for an offense and confined in a place of incarceration or detention while outside the confines of the place of incarceration or detention.
11. Persons traveling to and from an established target range, whether public or private, for the purpose of practicing shooting targets at the target ranges.
12. Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.
13. A person authorized by permit of the Chief of Police to possess a loaded firearm, clip, or magazine in a public place in the City of Portland.
14. A security guard employed at a financial institution insured by the Federal Deposit Insurance Corporation while the security guard is on duty.
I was told by the range officer you will be just fine, and if you are asked by a LEO, either show him the receipt from the range if on your way home, or tell them your on the way to the range.
Keep it in the case on the front seat in plain view.
Or better yet, get a Oregon CHP.
I hope this helps.
My quandary was not in relation to carrying a LOADED firearm. I already knew of the shooting range defense for that one. My question had to do with CONCEALED firearms, since there is no exception in the legal definition for a firearm that is carried in a case, whether loaded or not.
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:
(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]
166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect: (a) Sheriffs, constables, marshals, police officers, whether active or honorably retired, parole and probation officers or other duly appointed peace officers.
(b) Any person summoned by any such officer to assist in making arrests or preserving the peace, while said person so summoned is actually engaged in assisting the officer.
(c) The possession or transportation by any merchant of unloaded firearms as merchandise.
(d) Active or reserve members of the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the National Guard, when on duty.
(e) Organizations which are by law authorized to purchase or receive weapons described in ORS 166.250 from the United States, or from this state.
(f) Duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their organization.
(g) A corrections officer while transporting or accompanying an individual convicted of or arrested for an offense and confined in a place of incarceration or detention while outside the confines of the place of incarceration or detention.
(h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
(2) Except for persons who are otherwise prohibited from possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS 166.250 does not apply to or affect:
(a) Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 upon such target ranges, or while going to and from such ranges.
(b) Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.
(3) The exceptions listed in subsection (1)(b) to (h) of this section constitute affirmative defenses to a charge of violating ORS 166.250. [Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1; 1995 c.670 §2; 1999 c.1040 §3]
Since I am not a 'member' of any club or organization, and given Oregons tendency tpo play fast and loose with interpretations of the law (see: your car on a public road is a public place), I'm sure you can see the legal dillema.