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Thread: Questions on Oregon Law

  1. #1
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    I seem to see over and over again the same questions pertaining to lawful carry here or there. I suggest everyone bookmark this page https://www.oregonlaws.org/ . All you have to do is type in a few words into the search and you are ready to rock. That being said I will now post all the laws, that I can find pertaining to guns. I will post short description so you don't get critted with a wall of text. Remember if it's not specifically restricted then it's legal. Keep in mind these are summaries and could have left out important details that could pertain to you.

    OC banned cities
    http://forum.opencarry.org/forums/sh...rry-Ban-Cities
    CHL holders are exempt

    166.170 State Preemption
    https://www.oregonlaws.org/ors/166.1...hlight=166.170
    The state has express authority to restrict gun use, carry, transfers, etc..

    166.173 City, County, etc. right to restrict firearms in a public building.
    https://www.oregonlaws.org/ors/166.1...hlight=166.173
    These lesser forms of gov can restrict the possession of loaded firearms. CHL holders are exempt.

    166.250 Unlawful Possession
    https://www.oregonlaws.org/ors/166.2...hlight=166.250
    If your a minor, felon, legally crazy, carrying concealed it's a felony. For minors this doesn't include legally transferred long guns or temporarily loaned to him/her. read more for specifics about vehicles and more.

    166.292 Issuing a CHL
    https://www.oregonlaws.org/ors/166.2...hlight=166.292
    The Sheriffs Dept shall issue, as a licensed individual you shall have it on you while carrying concealed.

    166.350 Unlawful possession ammo
    https://www.oregonlaws.org/ors/166.3...hlight=166.350
    Don't buy, posses, use, etc. armor piercing ammo

    166.663 Artificial light from a vehicle.
    https://www.oregonlaws.org/ors/166.6...hlight=166.663
    Basically your not allowed to shine spotlights from you car if you have a gun inside. CHL holders are exempt. If the gun is stored or ammo separate then it's ok.

    166.370 Possession in a public building
    https://www.oregonlaws.org/ors/166.3...hlight=166.370
    Don't carry a firearm IN a public BUILDING unless you have a CHL or a desire to become a resident of the state prison system.

    166.380 Examination of firearm
    https://www.oregonlaws.org/ors/166.3...hlight=166.380
    A police officer can examine your firearm to determine if it is loaded while in a public building. (Pointless law IMO)

    166.190 "Brandishing"
    https://www.oregonlaws.org/ors/166.1...hlight=166.190
    You can't point a weapon at anyone else except for self defense.

    164.265 Trespassing
    https://www.oregonlaws.org/ors/164.2...hlight=164.265
    If you are asked to leave a private business then leave

    There are other gun laws that may pertain to you. Most of them are about how to renew a license or transfer firearms across state lines. I encourage anyone who owns a gun to know all these laws or possibly carry a copy in your vehicle or on your person.

    I HIGHLY suggest everyone gets a CHL for the sole purpose of the exemptions it gives you. I also suggest you get Utah's non-resident CHL as well. Utah has reciprocity agreements with 31 other states including Washington State. You also get to carry concealed if the situation calls for it. i.e a SPEC OP to grandma's house to get a taste of her new pie recipe.

    Common mis-perceptions

    There are NO LAWS in Oregon restricting carrying a gun loaded or unloaded if you have a CHL. Your gun should be loaded or it's an expensive club. Some cities may have restrictions check the above thread on banned cities.

    There is no such thing in Oregon as an illegal gun.
    http://www.atf.gov/regulations-rulings/regulations/
    Some guns are regulated by the Federal government. These are:
    1. Machine guns- you pull the trigger once and bullets keep coming
    2. SBR- (short barreled rifles) has a stock from the factory, barrel under 16"
    3. SBS- (short barreled shotguns) has a stock from the factory, barrels under 18"
    4. DD- (destructive device) Anything that goes boom or shoots something that goes boom
    5.AOW- (any other weapon) Anything else that can shoot a projectile from a powder actuated system. This includes shotguns that come with a pistol grip from the factory under 18"
    6. Silencers

    All of these require a 200 dollar tax stamp from the ATF with the exception of the AOW which requires a 5 dollar tax. You have to submit a form to the ATF with the cash and they will do a back round check on you and then send you the stamp. You will most likely be required to pay for the weapon before you apply for the stamp because the seller will have to hold it off the market while your approved. It behooves you then to ensure that you will pass a back round check from the ATF. Finding out if you will is up to you.

    Other Facts
    Oddly enough rifle caliber weapons without a stock from the factory are considered a pistol and need no special tax stamp.

    You can build your own SBRs, SBS, AOW, DD and silencers with an ATF form.

    Ronald Regan implemented a ban on machine guns made after 1986. If someone can explain how machine guns made after 1986 are more deadly than ones before you would be king of the world.

    You can request a back round check on someone you are selling a gun to privately. If you do I will promptly kick you in the nuts. It's none of their damn business what we do with our property.

    Just because you have CHL doesn't mean you have to conceal it. Including in public buildings.

    Oregon has no reciprocal concealed weapons license agreements with other states. Meaning we do not honor other states CHLs

    The 1986 Firearm Owners Protection Act, the one that banned new machine guns, also allows you free passage through states with more restrictive gun laws than your own and the one you are traveling to. Your weapons just have to be locked up.

    Interactive map for CCW reciprocity laws
    http://www.usacarry.com/concealed_ca...city_maps.html

    I may have missed something but that pretty much covers it. I'll edit if someone comes up with one that seems important to be listed. Again this is not a comprehensive list of Oregon gun laws, just the most important. It is up to you to ensure you are in compliance with local city, county laws. Some cities have banned OC without a CHL.

    Know your rights, and NEVER talk to police who are questioning you. Get a lawyer!
    http://www.youtube.com/watch?v=6wXkI4t7nuc

    Kinda dumb but helpful as well when talking to cops
    http://www.youtube.com/watch?v=yqMjM...p;feature=fvwp

    Important laws added by posters.

    ORS 401.198 Seizure of firearms during a state of emergency.
    https://www.oregonlaws.org/ors/401.198
    Basically says that the authorities cannot take your guns during a state of emergency, and if they due they will have to pay any costs, to you, to get your guns back from them.
    Last edited by TheHossUSMC; 08-02-2010 at 04:14 AM.

  2. #2
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    Lane Community College Firearms Policy:

    LCC is no different from the majority of campus' in Oregon with its hippies, left leaning professors and liberal agenda. But one thing has really made this school stand out for many patriots who are the sheepdogs of the Eugene and surrounding areas. A concealed handgun licensed individual is allowed to carry on campus. For most gun advocates this is shocking news that there is finally a school that is not violating our second amendment rights outright. Granted there is some work to be done, but I have decided to lead the charge at LCC by handing out pamphlets and encouraging people to get their Oregon CHLs.

    POLICY NUMBER: D.030 POLICY TYPE: MISCELLANEOUS
    POLICY TITLE: POSSESSION OF FIREARMS

    No person, including students, employees, college patrons and vendors may bring, possess, conceal, brandish, use or be in possession of a firearm, destructive device, or other dangerous weapons as defined by law, or give the appearance of being in possession on college-owned or controlled property or at activities under the jurisdiction or sponsorship of the college, except as provided by ORS 166.370 and federal law. As authorized by ORS 659A.001(4), the exceptions provided by state and federal law do not apply to Lane employees while engaged in work activities. Permitted exceptions include use in conjunction with approved instructional demonstration.
    ADOPTED: November 9, 1998
    REVISED: November 16, 2004
    REVISED: February 15, 2006
    REVISED: April 8, 2009

    As posted in the first post ORS 166.370 allows holders of a valid Oregon CHL to carry into a public building!



    In The News
    This was written by Jacob Leonard and was published in the Jan 29 2009 edition of "The Torch" which is the LCC paper.

    Campus Public Safety officers want guns to give them the ability to defend students and staff from possible danger. PSOs like W.D. Perkins want firearms to protect students and themselves from the worst. Officers wear bullet-resistant vests for protection from gunfire, but cannot defend themselves or students from possible gun violence. In the event of gun violence at LCC, Perkins suggests that students should look to the Lane County Sheriffs department for resolution. According to the LCC Department of Public Safety, the officers at LCC are not equipped to handle school-shooting situations like what happened at Thurston High School or Virginia Tech. In the 20 minutes the sheriff would take to arrive, students in danger are advised by LCC procedure to lock classroom doors and hide. Perkins would like to protect LCC students from shootings and possible gun violence. A baton and mace would not be effective against an assailant who brandishes a firearm. LCC’s policy prevents any employee from carrying a firearm. “There could be a revision in Oregon Statutes for students and staff both to be prohibited from carrying weapons,” political science instructor Steve Candee said. At this time, students with a valid concealed weapon permit may legally carry their weapon on campus. Under the current circumstances, PSOs like Perkins are prohibited from carrying firearms, at any time, on campus. Coming from a police background he feels that the need for firearms is just as valid for campus safety as it is for the police force. Since the downward spiral of the economy, officers like Perkins and Jim Harris have noticed a rise of possibly dangerous situations. PSOs have confiscated weapons, such as 45-caliber handguns and butterfly knives from suspects on campus.
    Financial and insurance liability issues fuel LCC policy against firearms. An armed security force on campus would entail training, different retirement packages and a divergence from Oregon University System norms.
    “No university campus in Oregon has armed Public Safety officers,” Chief Financial Officer Greg Morgan said. “That would make LCC uniquely liable.”
    Morgan admires the desire to protect the students from possible danger and wants PSOs at LCC to be as safe as possible as they perform the requirements of their job, which include assisting authorities and facilitating evacuation procedures without entering into a situation that may result in harm. “It is a worthy ambition to want to do more, but it is not always wise to do so,” Morgan said.
    The equipment provided to the PSOs was issued in response to grievance complaints made by officers after they had been assaulted on duty. Handcuffs were issued after a physical assault on a PSO, pepper spray wasn’t issued until two officers had been sprayed with mace, and batons came to use after another chemical-spray incident.
    “I hope no one will have to get shot for us to be allowed to use appropriate force,” Perkins said.
    Harris would be willing to compromise for non-lethal force like tasers. Tasers have a close resemblance to a gun and have a 99 percent effectiveness rate, according to Harris.
    “Public Safety officers should be able to carry and be armed with guns, just like police do,” student Lizzy Beemer said.
    Student Daniel Marciniak suggested that LCC staff should be permitted to carry concealed weapons in case of an emergency.
    According to Harris and Perkins, PSOs have a limited staff and outsource their nighttime dispatch to Junction City. Taking away the haven that the LCC onsite dispatch provides and the intimate knowledge of campus that a dispatcher there would have, robs PSOs of valuable resources, which could save a PSO or a student from harm.
    Experience with deadly force is not new to LCC officers. Every PSO has at least two years experience in police work as required by LCC’s job description of PSO levels one and two. Most of the PSOs have over 20 years experience in law enforcement to draw from.


    I'm not super excited about rent a cops getting guns or tasers, they don't have a good reputation around Eugene, but better they have them as well as the sheepdogs on campus than the bad guys!

    Quote from "active shooter on campus policy" that I thought was funny
    Quietly discuss with others in the room what you will do if the shooter enters the room. If that happens do not “duck for cover”, and become a partially exposed, passive target. If possible try to get away. Evaluate the situation as best you can before following any directions from the shooter.

    "If possible try to get away" What happened to us? America needs some serious depussification! It should read something like this...

    If the shooter enters and no one was smart enough to bring a handgun themselves smash the shooter in the face with a blunt object or jab him in the neck with a writing implement.


  3. #3
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    Portland Community College Firearms Policy

    http://www.pcc.edu/about/policy/stud...tudent-conduct

    This is as of fall 2008 Students rights and responsibilities, section code of student conduct, under violations #17a









    17. Failure to comply with the following rules regarding firearms and weapons:




    a. The use, carrying, exhibiting, or displaying of any weapon (as defined by Oregon Revised Statute 161.015), or facsimiles thereof, is prohibited on or in College facilities, except as provided by Oregon law or when approved by College administration for official College activities.



    I read this aswith a valid Oregon CHL, legally, you can carry on campus. Just because something is legal and in their policy doesn't meanthey might give you a hard time or even suspend you. It's up to you.

    I have been told by a student there that he carries every day OC or CC and has had no problems.




  4. #4
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    Mt. Hood Community College Firearms Policy

    http://www.mhcc.edu/docs/BoardofEd/Policies_Bylaws.pdf

    I found this off their website today in their school policies.

    Code 5040, adopted 3/8/06



    DRUG-, ALCOHOL-, TOBACCO-, AND FIREARM-FREE WORKPLACE

    The College is committed to maintaining a drug-, alcohol-, tobacco-, and firearm-free workplace and will comply with all applicable local, state, and federal laws.

    END OF POLICY

    I read this as you legally can carry on campus with a valid Oregon CHL. Just because something is legal and in their policy doesn't mean they might give you a hard time or even suspend you. It's your choice.

  5. #5
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    Univesity of Oregon Firearms Policy

    http://dps.uoregon.edu/node/178

    This is pulled directly from the above link on the public saftey website for the UofO.


    OAR 580-022-0045(3) specifically states:

    Procedures to impose applicable sanctions may be instituted against any person engaging in any of the following proscribed conduct:

    (3) Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on institutionally owned or controlled property, unless expressly authorized by law, Board, or institutional rules (for purposes of this section, absence of criminal penalties shall not be considered express authorization);


    (WARNING) This is the same rule that Western Oregon University suspended USMC veteran, and valid Oregon CHL holder,Jeff Maxwell citing the parenthesis potion of the law.


    They get a little fancy with the wording here but I read this as with a valid CHL you can carry on campus. Just because something is legal and in their policy doesn't mean that you might get harassed or even suspended by the school. It's your choice.


  6. #6
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    Oregon State University Firearms Policy

    I am currently waiting for a reply from the school as to where to find their policies online. I will update as soon as they reply.

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    If its legal to carry a loaded firearm...whats up with this law?

    §166.380¹
    Examination of firearm by peace officer (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.
    (2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310 (Authority of peace officer to arrest without warrant). [1969 c.705 §3]


    And can anyone actually point me to the exact law that states we can open carry? Or is it assumed that we can due to the state constitution? Because I cant find anything.

    And go OREGON on this one!!! :celebrate


    Seizure of firearms during emergency
    (1) As used in this section, "unit of government" means any department or agency of the federal government and any public body as defined by ORS 174.109 ("Public body" defined).
    (2) Notwithstanding ORS 401.165 (Declaration of state of emergency) to 401.236 (Rules), a unit of government may not seize a firearm from an individual who lawfully possesses the firearm during a state of emergency declared under ORS 401.165 (Declaration of state of emergency).
    (3) If a unit of government seizes a firearm from an individual during a state of emergency in violation of this section, the individual may recover from the unit of government that seized the firearm all costs incurred in the recovery of the firearm, including attorney fees, court costs and any other costs incurred in the recovery of the firearm. [Formerly 401.039 (Seizure of firearms during state of emergency)]


  8. #8
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    Quote Originally Posted by tofubento View Post
    If its legal to carry a loaded firearm...whats up with this law?

    §166.380¹
    Examination of firearm by peace officer (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.
    (2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310 (Authority of peace officer to arrest without warrant). [1969 c.705 §3]


    And can anyone actually point me to the exact law that states we can open carry? Or is it assumed that we can due to the state constitution? Because I cant find anything.

    And go OREGON on this one!!! :celebrate


    Seizure of firearms during emergency
    (1) As used in this section, "unit of government" means any department or agency of the federal government and any public body as defined by ORS 174.109 ("Public body" defined).
    (2) Notwithstanding ORS 401.165 (Declaration of state of emergency) to 401.236 (Rules), a unit of government may not seize a firearm from an individual who lawfully possesses the firearm during a state of emergency declared under ORS 401.165 (Declaration of state of emergency).
    (3) If a unit of government seizes a firearm from an individual during a state of emergency in violation of this section, the individual may recover from the unit of government that seized the firearm all costs incurred in the recovery of the firearm, including attorney fees, court costs and any other costs incurred in the recovery of the firearm. [Formerly 401.039 (Seizure of firearms during state of emergency)]

    We all wonder why the law you stated first exists. It seems stupid as it wouldn't matter if it was loaded or not.

    As to your second question we live in a society that only makes laws to restrict liberties not the other way around. So unless the act that you desire to do is specifically prohibited then it is legal. This is why open carry is legal in Oregon.

    Thanks for the quoted Oregon laws I'll add those to the OP.

    The new forums unstickied this post, can a mod please make this a sticky again for us Oregonians.

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    Thank you for the response, and the explanation.

    Happy i could contribute with the bit I found!

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    Can you tell me the list of updated County/City bans? The link in the OP is dead.

    I'm planning a road trip out to Oregon at the end of this month and we'll be in a few different counties/cities and definitely do not want to throw myself under the bus.

    Thanks,
    Robert

  11. #11
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    Thanks, that helps.
    What about carry in a vehicle? Are there any laws on it? Does it have to be concealed, open, unloaded, covering in mayonaise?

  12. #12
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    Your car is considered "public" by Oregon meaning that if it's on a public street the same rules apply as if you were walking down the street.

    I also updated the link in my OP.

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    Will a mod please sticky this. It was stickied before the forums were moved.

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