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Thread: First time open carrying

  1. #1
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    I've had a CHL in the past and allowed it to expire. I'm applying to have it renewed but in the mean time I found this site, read up on the laws (no I didn't just take the the posts as law, I actually verified the law lol) and open carried for the first time tonight. Needed something from the convenience store down the street so I decided to walk down and get it open carrying. Fairly safe neighborhood but it being midnight I'm still uncomfortable not being armed. I don't think the clerk even noticed.

    I'm very glad I found this site and learned the law. When I went though the CHL class years ago the instructor made it seem like it was a crime to allow anyone to see me carrying a gun. Kind of lived in fear that I would get caught even though I had a permit. Now I'm going to open carry even more often. I was always a pain in the butt to keep it concealed. I know the nervousness will wear off and I'll get more comfortable with the looks and questions.

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    Regular Member Ironbar's Avatar
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    WARNING! WARNING! Danger Will Robinson!

    Openly carrying a loaded firearm in Beaverton is not legal without a valid CHL!! This is taken directly from the Beaverton Municipal Codes:


    5.08.240 Unlawful Carrying of a Loaded Firearm.
    A.No person in a public place shall carry a firearm upon the person unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine.

    B.Subsection A of this section does not apply to or affect:

    1.A law enforcement officer in the performance of official duty.

    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.Any person summoned by any law enforcement officer to assist in making arrests or preserving the peace, while said person so summoned is actually engaged in assisting the officer.

    6.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.

    7.When authorized by the officer’s employer, a parole and probation officer, as defined in ORS 181.610, may carry a firearm while engaged in official duties if the officer has completed: (1) A firearms training program recognized by the Board on Public Safety Standards and Training; and (2) A psychological screening.

    8.An armed private security officer, proprietary security manager or security contractor certified and permitted by the Department of Public Safety Standards and Training to possess a firearm while in the performance of their duties.

    C.A person who violates this section commits a Class A misdemeanor. [BC 5.08.240, added by Ordinance No. 4084, 2/7/00]

  3. #3
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    Thanks for the warning ironbar. I should clarify that thanks to Nike the area I carried in is outside of Beaverton city limits even though the post office lists it as Beaverton. (I actually pulled up the city limits map on the city of Beaverton website to confirm it)

  4. #4
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    Sounds we need to have a holiday open carry meet and greet.

  5. #5
    Regular Member We-the-People's Avatar
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    Welcome to the "club". As you get more comfortable and when you get your CHL renewed, you'll find yourself feeling strange NOT carrying openly or "sneaky" when you conceal.


    "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.

  6. #6
    Regular Member Ironbar's Avatar
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    During these winter months, I don't really see a way to carry openly unless I'm indoors.

  7. #7
    Regular Member We-the-People's Avatar
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    Ironbar wrote:
    During these winter months, I don't really see a way to carry openly unless I'm indoors.
    Yeah, it makes it tough but with the right weapon and coat, it can be managed.
    "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.

  8. #8
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    Buckeye Tuck-It... always works for me..

  9. #9
    Regular Member We-the-People's Avatar
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    That's what I do with my FiveSeveN and my Taurus Judge Public Defender. I carry them in a Serpa retention holster and tuck the jacket behind my belt.

    For those not from Ohio who haven't read about Ohio OC and CC, the "Buckeye Tuck" is a term coined from the requirement to have a concealed pistol openly carried when in a vehicle as best I've determined from my reading.
    "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.

  10. #10
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    That is correct, but we do not have to do that anymore. We have gotten that part remove from the ORC.

    Now if we can just get rid of this Need to Notify we will be moving along.

  11. #11
    Regular Member We-the-People's Avatar
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    Lthrnck wrote:
    That is correct, but we do not have to do that anymore. We have gotten that part remove from the ORC.

    Now if we can just get rid of this Need to Notify we will be moving along.
    We don't have "notify" requirements here in Oregon and it is certainly nice that it removes the possibility of such a charge. I, however, do voluntarilly notify officers when I've been pulled over for traffic stops our of courtesy when CCing and to prevent any surprises for them when OCing (that strong side holster is invisible to an officer in the drivers window even though perfectly legal.

    I never thought it would be an issue if one simply notified the officer until I saw the Dan Sayers video and learned that they tried to hit him with a "failure to notify" charge after that fiasco.
    "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.

  12. #12
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    We-the-People wrote:
    Ironbar wrote:
    During these winter months, I don't really see a way to carry openly unless I'm indoors.
    Yeah, it makes it tough but with the right weapon and coat, it can be managed.
    That's why I like my 5-in-1 jacket from 5.11; I can unzip the side so my pistol hangs out, then zip down around it so the jacket doesn't interfere with the firearm. Works really well, got a chance to try it out for real tonight being that I'm in town again and renewed my CHL today.

  13. #13
    Regular Member We-the-People's Avatar
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    Sounds interesting. Never heard of 5.11 though. Is that the brand, the website, or????
    "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.

  14. #14
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    5.08.240 Unlawful Carrying of a Loaded Firearm.
    A.No person in a public place shall carry a firearm upon the person unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine.

    This reads like mud. So I read it to mean no loaded magazine in the gun. The wife says it means all ammo out of the magazine too. (like the Portland ban) Anyone know for sure? I know calling PD isn't going to help. They will just say no loaded mag. or not know for sure. Would calling the city attorney be a better bet?

  16. #16
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    ORS 166.360 defines loaded as:

    (3) “Loaded firearm” means:

    (a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.

    (b) A muzzle-loading firearm which is capped or primed and has a powder charge and ball, shot or projectile in the barrel or cylinder.


    I intrepret this aslong as there is not a live round in the firearm. I don't thinkit addresses having a loaded magazine on your body. The key word here is 'attached'.

    Thoughts?


    Ruger9mm wrote:

    5.08.240 Unlawful Carrying of a Loaded Firearm.
    A.No person in a public place shall carry a firearm upon the person unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine.

    This reads like mud. So I read it to mean no loaded magazine in the gun. The wife says it means all ammo out of the magazine too. (like the Portland ban) Anyone know for sure? I know calling PD isn't going to help. They will just say no loaded mag. or not know for sure. Would calling the city attorney be a better bet?

  17. #17
    Regular Member We-the-People's Avatar
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    Hello from the European Union!!!

    The state law and premption SHOULD trump any local ordinance but we all know how the courts follow the letter of the law right?

    Best bet is to get the CHL ASAP and not have to deal with POS town local ordinances.
    "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.

  18. #18
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    I have an appointment with WCSO on 1/12/2010 to get my CHL renewed so I'll be good to go after that. :celebrate

  19. #19
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    Ruger9mm wrote:
    5.08.240 Unlawful Carrying of a Loaded Firearm.
    A.No person in a public place shall carry a firearm upon the person unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine.
    I think the key there is ammunition has been removed from the chamber AND from the cylinder, clip or magazine. The and to me says that the ammunition has to be removed from the magazine as well. Not a lawyer, do research, and blah blah blah so don't take my word for it

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