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Thread: Fishing, no CHL, open carry?

  1. #1
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    I'm new to open carrying, so this is probably a simple question to answer. I'm going on a fishing trip with a friend on Monday, and would like to hip carry my pistol. I do not have a CHL, and the more I try to read and understand when/where/how I can legally open carry I just get puzzled.

    The only thing I found that seems to shed any light on the subject is a passage from Portland Code chapter 14A.60.010: Possession of a Loaded Firearm in a Public Place.



    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:

    12. Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.
    So, unless I'm reading this wrong, I'm fully within my rights to carry my pistol on my hip, with a loaded magazine. Correct, or am I missing something?

  2. #2
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    Unless your going fishing within Portland's city limits I'm not sure that really helps you. Unless your talking about the "going to or returningfrom" part and you live in P-town.

    While fishing, as long as your not in on NPS land(until Feb) and not on an ATV you should be good. There may be other provisions and IANAL.

  3. #3
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    Portland isn't where I'm fishing. I'm actually not sure where I'm fishing yet, but that passage I quoted there was the first I found that was worded in plain English, and I figured it was a good start, knowing that Portland is one of the areas in Oregon that has special a special ordinance concerning the carry of firearms.

    I think there's a good possibility that we will be fishing down near Green Peter/Foster, but I'm not 100% sure yet.

  4. #4
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    Hey, good news you don't even have to open carry your firearm. Below are the exemptions to carrying a concealed weapon. Pay special attention to subsection 2(b).

    ORS166.260 Exemptions to unlawful possession of firearms

    (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.
    { + (i) A person who has purchased a firearm and was
    subjected to a criminal history record check under ORS 166.412,
    166.434 or 166.436 as part of the purchase, if the record of the
    information obtained during the request for the criminal history
    record check is being retained by the Department of State Police
    under ORS 166.412 (7) or 166.436 (5). + }
    (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) - }
    { + (i) + } of this section constitute affirmative defenses to
    a charge of violating ORS 166.250.








  5. #5
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    Unless you aren't in a city or town that restricts open carry without a CHL then I believe you can open or concealed carry while fishing. Loaded yes, which other way would you carry? :P

  6. #6
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    GSXRrider wrote:
    Unless you aren't in a city or town that restricts open carry without a CHL then I believe you can open or concealed carry while fishing. Loaded yes, which other way would you carry? :P
    That's confusing, a double negative perhaps?

    Do you mean "Unless you're in a town that restricts without a CHL then I believe you can open or concealed carry while fishing......."

    I read the law as the hunting/fishing exemption doesn't help when in a city with restrictions. i.e. in Portland (etc) you can't carry loaded and open or concealed at all with just the hunting/fishing license and no CHL.

    I have a CHL so I'm more well versed on the "with CHL" nuances of the laws.


    "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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