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Thread: Can you OPEN CARRY on Private Property in Cities that DON'T allow open carry?

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    Can you OPEN CARRY on your own property, yard, backyard, with out a CHL in cities that have BANS on OPEN carry with out a CHL? Such as Beaveton, Tigard, Portland, etc.

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    Yes.

    The prohibition is only valid for 'public places'.

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    SWEET! Time to mow the grass!

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    Just know this my friend, that a liberal will see you, the liberal will be astonished and over react or just call the cops to harass You and then and you may get a "man with a gun on the porch" response from the local police.

    Depending on how you handle your 1st encounter with police while openly armed.

    Because the local cop's will be walking up to you and asking you a bunch of questions after answering a radio call from a frantic liberal ( they the cops , they may be trespassing in your view, ( walking onto your property as you sip a beer while rocking on the front porch swing Colt 45 or Glock on your hip while they tell you they are "investigating a complaint" and acting under the right of way of the law ( debatable ) you may have a half dozen cops on your front porch.

    If you are Mr Cool and calm then you will get cool calm cop's almost 99% of the time.

    99% of all cop's are ok with OC and CCW, regardless of whether its legal or not they are for the most part 2nd Amendment friendly guys. >>>>> BUT If you come off as a conspiracy kook, Jetho Bodine hill billy yahoo KuKluxKlan anit social hate monger skin head dirt bag joker they just mite use any excuse to disarm You and or run you threw the mill and harass you as a threat.


    When you OC = open carry you are now in "public relations" & "diplomacy" , not many people can wear those 2 hats well and remain calm when liberal's and or cop's get up in your grill and start spouting and acting authoritarian just for your peaceful exhibition of your right.


    (( tune from the TV show Mission Impossible )) Dat ta Data ta ta ta ta ta Taaaaaaa

    (( announcer )) "Good luck Jim, as always if You or your gun should be caught or killed the secretary will disastrous any knowledge of your operation "





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    Yah, I hear you. Sense I posted that I now have my CHL and almost ALWAYS CC. I do OPEN CARRY in my yard while doing yard work simply because it's easier on me.

    I have been pulled over once and treated very well and even "let go" on a minor NO U-TURN violation.
    I just always show my CHL with my Oregon DL if they asked to see my DL.
    They ask if I'm carrying and where it is and that's it.

    I haven't been harassed yet about OPEN CARRY, so we will see if and when that time comes.

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    The questions was CAN YOU "OPEN" carry on your own private property at HOME. Not Conceal Carry.

    I have my CHL now so I'm fine either way. But just wondered if you were doing yard work at home if you could "OPEN CARRY" with out a CHL.



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    The answer is no. You do not own property in the United States of America. That's not how socialism works, friends.

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    Now how about an answer that's: 1) Not a Troll and 2) Correct.

    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.

    ORS161.015(10):

    Public place” means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation. [1971 c.743 §3; 1973 c.139 §1; 1979 c.656 §3; 1991 c.67 §33; 1993 c.625 §4; 1995 c.651 §5]782 §8]
    The law allowing local municipalities to suborn our 2nd amendment rights only applies to "Public Places" - your front yard while perhaps VIEWABLE to the public, is strictly PRIVATE PROPERTY and not subject to these laws.

    Yes - perfectly legal as I read the laws. However, IANAL. I recommend having a copy of both ordinances handy.

    Keep in mind, however, that most private property is also subject to easement by the local municipality for the purposes of sidewalks and the like, which is how people can legally walk in front of your house on the sidewalk without trespass.

    This essentially makes the sidewalk "public property" under 161.015, so be careful exactly where in your front yard you are. I would recommend looking up your property's tax lot to see just how far in to your property the easement goes - mine extends 30 feet from the center of the road towards my property, but yours may very well be much different.

    While it may be overkill to paint a bright yellow line in your front yard to mark where the easement ends, some clever landscaping might be a good idea...

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    SpizyChicken wrote:
    Can you OPEN CARRY on your own property, yard, backyard, with out a CHL in cities that have BANS on OPEN carry with out a CHL? Such as Beaveton, Tigard, Portland, etc.
    As far as I understand, you can CC or OC on your property that you own or are living in or on. At an apartment complex you could inside your apartment, but as far as in the community areas that would be the rules of the complex. I'm not sure about at a friends house. If you own your own business you can OC or CC there, or if you own the property. If you are an employee you should be able to CC but the judge decided otherwise in the case stated, so you cannot CC without a CHL on private business property unless you own it, but you could OC.

    I hope I got that right....never really looked into carrying at a friends CC or OC. But does not matter if you have a CHL and they don't care.

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    The issue is, who is 'In Charge' of that private property?

    If you are the owner or the manager of a particular piece of private property, you get to say if OC is acceptable or not. So if you are at your friend's house, and he's 'In Charge', and he's cool with you carrying, then you should be fine.

    This concept of 'In Charge' is important and is why it's been stressed time and time again that when an employee of a store confronts you and says "That's illegal" that you should politely ask for the manager, owner, or the person (note the singular) in charge. If a manager or owner of a store comes up and tells you "not in my store", they are within their right to do so, and you really should put it away or face a "Criminal trespass while in possession of firearm" charge (ORS 164.265), a class A misdemeanor.

    You can also let them know you won't be coming back, and will tell everyone you know not to use their business. Impress upon them the understanding that if they scare away all the law-abiding customers, they will be left with just the not-law-abiding customers. Ask them if that's the demographic they are really targeting. In these bad economic times, few businesses can afford to purposefully piss off their customers.

    Reference: ORS- 164 http://www.leg.state.or.us/ors/164.html

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