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Thread: Once in the State of Oregon from a non-free state (like Kalifornia)

  1. #1
    Regular Member Window_Seat's Avatar
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    Can a person actually pull over on the side of the road (like at the nearest "wide spot" in the road), and load/holster up? This is what I prefer to do, but I want a safe place to do so without being run over or harassed by a "passing motorist" or LEO stopping to "check on my welfare". I prefer not to do it in a rest area because it involves getting out, unlocking the case, loading, chambering, etc in the presence of a bunch of "vacationers". The last thing I need is some painstream brady bunch cam-pain in the @$$ activist lying to 911 (anti's have suggested lying to LEOs to get RKBA carriers in trouble) and putting lives in danger by getting everyone in a panicked state (when I'm trying to get out of one). I could do it within the confines of the vehicle I'm traveling in, but that's a pain in the @$$, is it not, or is it the better thing to do? Advise on this would be much appreciated.

    BTW, this is my second trip to a free state, so I'm not as experienced at this as I should have been allowed.:X

    Erik.

  2. #2
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    My suggestion is that if your worried about someone calling the cops on you just do it in the car. It is illegal to stop on the side of the highway except for emergencies, Even though I would consider being unarmed an emergency I doubt the cops would.

  3. #3
    Regular Member We-the-People's Avatar
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    Man you can't swing a dead cat around in here without hitting a Marine......Oh wait, I recycled that from when I first signed on. LOL

    As for the OP and "loading up", in the PRK it is legal to transport your firearm within a locked container with the ammunition separate from the firearm (but can be in the same container and even in the magazine if an auto so long as the magazine is not inserted in the weapon). The container, so long as it is locked, can be concealed or exposed.Keep the weapon in the car and when you cross the border you can unlock the box and load up anytime you like. I would not stop ON the freeway but if you're concerned about rest area brady babies, then just pull over on the off-ramp before entering the rest area and insert the magazine (or load your wheel gun).

    My wife handles the function for me as I'm always driving when we travel and as she carries as well, she knows the proper procedure (for unloading and locking up as we near the PRK border as well).

    I too have heard of the brady babies calls to perjure themselves in order to cause problems for patriots, I just haven't personally come across anything on any sites yet where they are advocating that. If I do, I will be downloading the data and keeping it just in case I ever have such a problem.
    "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.

  4. #4
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    So say I'm going to visit my aunt in PRK can I lock it in a center console safe. It's the safe that is custom made for my truck. Or does it have to be "in a different compartment" or something. ANd correct me if I'm wrong here but you can OC in PRK without a mag, but have one in your pocket i'm assuming.

    Semper FI, We The People!

  5. #5
    Regular Member We-the-People's Avatar
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    First, I am not an expert on CA law, just someone who carries while there and knows some of the problems and how I keep from running afoul of the archaic and mystical laws there.

    The locked container can't be your glove box or console. I'm not sure how that would relate to the SAFE that you say was custom made for your truck and suspect it might depend on what it looks like (a subjective measure by the police and prosecutor??).

    If it is in a locked container it can be anywhere in the vehicle. The ammo can be in the container with the weapon but NOT loaded. A magazine not inserted in the weapon can be next to the weapon. It is legal to carry the weapon openly on the dash (or anywhere else) so long as it is not loaded but you can't be within 1000 feet of a school (unless in the locked container) and you will draw unwanted attention.

    You can NOT OC with a magazine in your pocket. Case law has somehow decided that the magazine being concealed in a pocket violates concealed carry law by somehow rationalizing that the magazine is an integral portion of the gun and therefore is a gun itself for purposes of concealed carry. Strangely, my understanding is that without the firearm in your posession, the magazine magically isn't a gun any more.
    "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
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    We the People is correct. Good post.



    The only thing I could add to it is that in CA wecan only have 10 round mags.

  7. #7
    Regular Member We-the-People's Avatar
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    Iopencarry wrote:
    We the People is correct. Good post.



    The only thing I could add to it is that in CA wecan only have 10 round mags.
    That is generally true but the law does have some exceptions. I'm not sure I'd want to push those exceptions as even I wastotally in the right, they can ruin your day (or week, or month, or...) just by saying "tell it to the judge" as the snatch your weapon and introduce you to the bracelets.

    As I was a Calif resident when I bought (preban) my S&W 9mm with12 round mags, then lawfully took them out of the state when I moved, I am able (legally, who knows about realistically) to lawfully return to the state with those preban mags and my weapon. The section of law is:

    12020 (a) -- The prohibition on "high cap" mags (among many other things)

    12020 (b) (23) -- The exemption which reads as below:

    (23) The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state.
    "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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