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Thread: Few open carry questions.

  1. #1
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    Hey, I was just gonna ask and make sure the OC age in Oregon is 18.

    Also, I live in Salem, a city that has a loaded firearms ban. So If I open carry does that mean I just cant have something in the chamber? or do I have to remove the magazine completely?

    I'm 20, my parents freaked out about the idea, but from what I can tell it looks like its somewhat legal. Am I wrong?

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    Regular Member Ironbar's Avatar
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    First of all, kudos to you for taking steps to protect yourself.

    Secondly, to answer your questions, yes you must be 18 or older in order to legally carry in Oreogn.

    Thirdly, in order to openly carry a loaded handgun in Salem, you must have a valid Concealed Handgun License from Marion County. (Yes, this does sound weird). Salem does indeed have an open carry ban, however, State law preempts city statutes on the matter. Therefore, until you have that CHL, you cannot openly carry a loded firearm in Salem.

    Lastly, I'd suggest purchasing this book:



    Readit from cover to cover, then read it again. About half the book is actual material related to the subject at hand. The second half of the bookcontains the Oregon Revised Statues related specifically to guns. Still worth it.

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    Regular Member FREEDOM_FOREVER's Avatar
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    Great book!!

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    Dang, months to go for that, Ill be so much wiser by then right.

    Anyone know how they define loaded gun and the best way to get around that? If I keep the mag out of the gun and in one of those mag pouches is that legal?

    Or would they consider that loaded? haha


    I will order that book though, is it completely or as far as your guys know up to date?

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    Regular Member Cremator75's Avatar
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    Ironbar wrote:
    Thirdly, in order to openly carry a loaded handgun in Salem, you must have a valid Concealed Handgun License from Marion County.
    I under stand the answer since the OP lives in Salem.

    But one minor correction for those reading who are not from here. It does not HAVE to be from Marion County. Any OR CHL will work.

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    Regular Member Ironbar's Avatar
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    Martial024 wrote:
    Anyone know how they define loaded gun and the best way to get around that?

    Dude, seriously, I wouldn't even try this one. Be patient. You've lived 20 years without carrying, you can survive a few more months without it.

    Also, if you truly intend to open carry, don't be surprised if you're the target of regular run-in's with the law. At age 43, and with my stature, most people assume I am a cop. People are genuinely suprised when I tell them I'm not.

    At your age, I would veture a guess that people could view your openly carried gun as a reason to dial 911 and scream bloody murder about a kid with a gun. (No offense). Think about these things in your decision to carry. What are you going to do? I didn't open carry for many, many months after I started to carry a gun. I had to get comfortable with the very fact that I was armed before I ever took the plunge into letting people actually SEE my weapon at my side. I'd be seriously concerned if you were in a hurry to start open carrying.

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    Regular Member We-the-People's Avatar
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    The Salem municipal code is here:

    http://www.cityofsalem.net/Departmen...cellaneous.pdf

    Section 95.095 is the part you're looking for concerning carry of a loaded firearm. Don't beconfused with section 95.100 which concerns concealed weapons (which are not firearms by state definition).

    Also, be aware that many of the cities with loaded bans also attempt to make a loaded magazine for the weapon unlawful.

    KNOW THE LAW WELL before carrying.

    I am not a lawyer. READ
    "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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    The thing is Ive asked lawyers, gun buff lawyers, they tell me they will get back to me in a few days then come back to tell me the same damn thing and its all things I have been able to find for myself. I know you can't have a loaded gun in Salem, or other cities that have banned loaded firearms, I can find that in the books and thats what is consistently told to me by the lawyers.

    Yet I have yet to find anything to say that I cant remove the ammunition from the firearm and keep it on my person, the gun would not be loaded and it would not be concealed.

    If Cops don't know, Lawyers don't know, where should I prod next? Can I just call our Governor and ask him? Maybe my Representative?

    Also, yes, I want to get around whatever forbids my right to bear arms, I don't feel I need to apologize for believing in the Constitution. As our soldiers and politicians are still swearing to protect it.. I have 2 ARs, AR15, and an M4, I'm doing this for self defense, I don't care if it scares the sheep. We live in America!

    All throughout school I was thought how free and just our country was. What a crock of ****.

    Thanks again for your time, and insight everybody.. More advice would be wonderful, I want to get to the bottom of this. Please don't tell me to just wait, I'm not deaf nor blind.


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    We-the-People wrote:
    The Salem municipal code is here:

    http://www.cityofsalem.net/Departmen...cellaneous.pdf

    Section 95.095 is the part you're looking for concerning carry of a loaded firearm. Don't beconfused with section 95.100 which concerns concealed weapons (which are not firearms by state definition).

    Also, be aware that many of the cities with loaded bans also attempt to make a loaded magazine for the weapon unlawful.

    KNOW THE LAW WELL before carrying.

    I am not a lawyer. READ
    I have read sir, It all says the same things that the lawyers say. What I am trying to find out is can a police officer be an ******* and arrest me for having a loaded gun when the gun is not technically loaded. When I have an empty firearm(Completely) in my holster with all my ammunition either close by or on my person.

    There really isn't much to read. Its quite simple, no loaded guns, and open carry.


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    In my 20 years I have been mugged 3 or 4 times downtown Salem, my house has been broken into and robbed 4 times, they snuck in and robbed it another time. I can't even count how many times I've been approached by a crackhead that towers me and asks me for money, I always say no. But if he wanted to take it all I have to fight back with is my martial arts.

    I have been attacked for looking at people, people start @#$% for the dumbest reasons, you should know that by now... I'm only 20 and that is old news to me.

    The PORTLAND NEWSPAPER is actually advising people to not call 911 in crisis situations. Yet, you advise me to walk around naked? While I'm a predator magnet? Haha, No thank you sir. You have no more of a right to defend your self than I do, saying that I have survived to till this point does not work, I could die tomorrow. Its all about Vigilance and training.

    http://www.examiner.com/x-31400-Portland-Mental-Health-Examiner~y2010m2d17-As-Jesse-Jackson-rallies-Portlanders-newspaper-tells-locals-not-to-call-911-in-crisis



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    As Ironbar said I would go CHL 1st for awhile befor going OC to get used to it.

    City's can't ban OC but they can say no ammo.

    Beaverton says you can't even have any round in a mag. If your going to go OC just get the CHL, that way your not carying a expensive club in a holster, and don't have to worry if your coat is going to cover it in the winter.

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    Regular Member Ironbar's Avatar
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    Martial024 wrote:
    In my 20 years I have been mugged 3 or 4 times downtown Salem, my house has been broken into and robbed 4 times, they snuck in and robbed it another time. I can't even count how many times I've been approached by a crackhead that towers me and asks me for money, I always say no. But if he wanted to take it all I have to fight back with is my martial arts.
    OK, that statement right there lets me know that you're flat out lying. Either that, or you're a stupid kid who's intentionally puttinghimself at risk by walking around downtown Salem at hours that are likely to get you mugged.

    Salem is not exactly a hot bed of crime ridden streets. I grew up and lived in Salem for more years than you've been alive. I travel there frequently. You're completely full of it.

    To everyone else, this kid (if he even is a20 year old kid), is pulling everyone's leg, or is just an attention *****. Ignore him.



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    Ironbar wrote:
    Martial024 wrote:
    In my 20 years I have been mugged 3 or 4 times downtown Salem, my house has been broken into and robbed 4 times, they snuck in and robbed it another time. I can't even count how many times I've been approached by a crackhead that towers me and asks me for money, I always say no. But if he wanted to take it all I have to fight back with is my martial arts.
    OK, that statement right there lets me know that you're flat out lying. Either that, or you're a stupid kid who's intentionally puttinghimself at risk by walking around downtown Salem at hours that are likely to get you mugged.

    Salem is not exactly a hot bed of crime ridden streets. I grew up and lived in Salem for more years than you've been alive. I travel there frequently. You're completely full of it.

    To everyone else, this kid (if he even is a20 year old kid), is pulling everyone's leg, or is just an attention *****. Ignore him.

    I'm 22 and have been living in west Salem for 20 years and I have to say I kind of agree with Ironbar here. Would you mind giving us some more details about these incidents, 'cause they seem a bit far fetched.

    As for the original question, the Salem ordinance doesn't actually define 'loaded,' so if you want to press the issue it would be you versus the DA; not exactly a situation you want to be in.

    PS Open carry of fixed blades is 18+, and is not restricted by Oregon statue or Salem ordinance.

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    I agree with Ironbar as well, your story doesn't add up. You seem to be seeking out bad situations and not practicing situational awareness and avoidance. If your home is being repeatedly broken into then why not move? If you get mugged downtown, why are you still going there? For work maybe? Find a new job. If you see a crackhead, why not just cross the street? Is the risk of being burned worth playing in the fire?

    Yes, there are going to be times when you can't avoid bad situations and times when the bad situations fall into your lap. These are the times I prepare for by carrying a firearm. I don't however, carry a firearm so I can see how many gangsters I can walk past without confrontation. Being prepared for something and seeking out something are two different things. You might consider your own definition of each before taking on the responsibility of carrying a firearm.

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    Regular Member Ironbar's Avatar
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    As I said, the guy is flat out lying. I lived in Salem for a very long time, and the only trouble I ever had on the streets of downtown was getting pulled over once for a broken tail light.

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