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Thread: Unloaded Carry??

  1. #1
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    Unloaded Carry??

    I had some questions about carrying without a CHL.

    Is it okay to:

    1. Carry an unloaded handgun in a holster, with a loaded magazine in your pants pocket or a magazine holster?
    1a. If so, is this permissible even in the cities with regulations?

    2. Carry an unloaded handgun in a backpack or coat pocket, with a loaded magazine in your pants pocket or magazine holster?

    3. This relates to the questions above: if a handgun is unloaded, can it be concealed without a CHL?

    4. Is it any different for a revolver? Could you open carry an empty revolver in a holster, but have bullets in your pocket?

    5. Carry a loaded magazine in your pocket or in a holster, but have the unloaded handgun locked in a backpack?
    5a. Carry a loaded magazine, but have the unloaded handgun locked in the glovebox of a car?

    Any input would be great. Thanks in advance.
    Last edited by orqusgu; 09-05-2010 at 10:43 PM.

  2. #2
    Regular Member sultan62's Avatar
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    The answers to these questions will vary greatly depending on what state you are in. You would be better off asking in the state forum, or at least updating your profile to reflect your location or mentioning it here.

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    Quote Originally Posted by sultan62 View Post
    The answers to these questions will vary greatly depending on what state you are in. You would be better off asking in the state forum, or at least updating your profile to reflect your location or mentioning it here.
    Oregon/Washington

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    Unloaded Carry??

    Edited - duplicate posting

    Merged threads - moderator

  5. #5
    Regular Member 1245A Defender's Avatar
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    some answers

    Quote Originally Posted by orqusgu View Post
    I had some questions about carrying without a CHL.

    Is it okay to:

    1. Carry an unloaded handgun in a holster, with a loaded magazine in your pants pocket or a magazine holster?
    in oregon, it is OK, unless youre in OC banned cities
    1a. If so, is this permissible even in the cities with regulations?
    no!

    2. Carry an unloaded handgun in a backpack or coat pocket, with a loaded magazine in your pants pocket or magazine holster?
    only 3 states, alaska, arizona, and vermont allow CC without a permit. any gun in a coat pocket is CC. transporting an unloaded gun in a pack pack, a fanny pack, or alock box, is almost always lawful.

    3. This relates to the questions above: if a handgun is unloaded, can it be concealed without a CHL?
    see above!

    4. Is it any different for a revolver? Could you open carry an empty revolver in a holster, but have bullets in your pocket?
    the type of concealable gun doesnt matter, bullets in your pocket is AOK. everywhere except OC banned cities.

    5. Carry a loaded magazine in your pocket or in a holster, but have the unloaded handgun locked in a backpack?
    call the magazine full or empty, again see banned cities.
    5a. Carry a loaded magazine, but have the unloaded handgun locked in the glovebox of a car?
    this is usually lawful.

    go to the washington and oregon forums and down load the OC pamphlets from the stickied threads at the top, much good info to carry around share with others and study!



    Any input would be great. Thanks in advance.
    say hi in those forums, get to know us!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by orqusgu View Post
    snip........
    You asked the exact same series of questions on Oregon forum - once is enough, no need to start multiple threads on the same subject.
    http://forum.opencarry.org/forums/sh...Unloaded-Carry
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    if you are going to carry a pistol unloaded you might as well open carry a hammer, they make an excellent bludgeon!

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    Quote Originally Posted by 1245A Defender View Post
    say hi in those forums, get to know us!
    Thanks very much for the info!

    Can you help me on 5. Are you saying you cannot carry loaded magazines in banned cities?

    If I am in a banned city, but have an unloaded handgun locked in my backpack (a lock around the zippers so it is not accessible) with a magazine in my pocket, is that oaky?

    Also, is this an acceptable container? http://cgi.ebay.com/SOFT-CASE-GUN-PI...-/120617535850
    Last edited by orqusgu; 09-06-2010 at 07:54 PM.

  9. #9
    Regular Member 1245A Defender's Avatar
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    you need to start doing your own reserch

    Quote Originally Posted by orqusgu View Post
    Thanks very much for the info!

    Can you help me on 5. Are you saying you cannot carry loaded magazines in banned cities?

    If I am in a banned city, but have an unloaded handgun locked in my backpack (a lock around the zippers so it is not accessible) with a magazine in my pocket, is that oaky?

    Also, is this an acceptable container? http://cgi.ebay.com/SOFT-CASE-GUN-PI...-/120617535850
    i think the case is fine for transport, but in portland, a banned city,
    even the magazine must be empty, if you have a gun!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

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    Quote Originally Posted by 1245A Defender View Post
    i think the case is fine for transport, but in portland, a banned city,
    even the magazine must be empty, if you have a gun!
    Not wanting to appear rude or condescending, but you need to go read the actual LAWS before passing out information.


    See HERE for discussion.


    In a nutshell:

    1: The state legislature has preempted ALL firearms related law in the State and political sub-division may only pass firearms laws that they are AUTHORIZED TO by the legislature.

    2: The legislature HAS authorized permission to enact laws for the restriction of carrying a LOADED firearm.

    3: The legislature HAS NOT authorized permission to enact any laws for the restriction of loaded magazines (a magazine being firearm component and not a firearm in and of itself).

  11. #11
    Regular Member 1245A Defender's Avatar
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    me too!!

    Quote Originally Posted by Phssthpok View Post
    Not wanting to appear rude or condescending, but you need to go read the actual LAWS before passing out information.


    See HERE for discussion.
    BTW,,i remember reading that thread,, i too thought that recklessly, was a strange word in the law, and liked the poster that said he didnt recklessly fail to remove the ammo,,, he intentionally
    fail to remove the ammo!


    In a nutshell:

    1: The state legislature has preempted ALL firearms related law in the State and political sub-division may only pass firearms laws that they are AUTHORIZED TO by the legislature.

    2: The legislature HAS authorized permission to enact laws for the restriction of carrying a LOADED firearm.

    3: The legislature HAS NOT authorized permission to enact any laws for the restriction of loaded magazines (a magazine being firearm component and not a firearm in and of itself).
    from the oregon tri-fold, its in the stickies.
    city of portland 14.A.60.010 (B)
    it is unlawful to carry a fire arm and its magazine in a public place,
    recklessly having failed to remove the ammo from the magazine! (paraphrased)

    i see now that your real argument with me here, is really about your feeling about the validity of the law itself.
    I agree with you,, preemption should be complete or not at all!
    i only wished to give my best take, to the OP, about what was wrote down as to the legal requirements
    for carrying a gun in banned cities, in this case portland.
    Last edited by 1245A Defender; 09-12-2010 at 12:19 PM.
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  12. #12
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by 1245A Defender View Post
    from the oregon tri-fold, its in the stickies.
    city of portland 14.A.60.010 (B)
    it is unlawful to carry a fire arm and its magazine in a public place,
    recklessly having failed to remove the ammo from the magazine! (paraphrased)

    i see now that your real argument with me here, is really about your feeling about the validity of the law itself.
    I agree with you,, preemption should be complete or not at all!
    i only wished to give my best take, to the OP, about what was wrote down as to the legal requirements
    for carrying a gun in banned cities, in this case portland.
    IMO - Portland has no authority to ban loaded handguns nor magazines - I am not alone in that judgment.

    "restrict the gun rights of law-abiding citizens and will also likely end up in court because they violate Oregon's firearms pre-emption law."
    http://www.oregoncatalyst.com/index....-not-work.html
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  13. #13
    Regular Member 1245A Defender's Avatar
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    how helpful

    Quote Originally Posted by Grapeshot View Post
    IMO - Portland has no authority to ban loaded handguns nor magazines - I am not alone in that judgment.

    "restrict the gun rights of law-abiding citizens and will also likely end up in court because they violate Oregon's firearms pre-emption law."
    http://www.oregoncatalyst.com/index....-not-work.html
    i like the way neither you nor psstpoc?, bothered to answer the OPs questions,
    or to offer guidence in following the law, so he can stay out of trouble..
    but you come on here, after i have done my best to expose the hoops he must jump thru.
    and bring up all the counter laws to justify pushing the outer edges of sanity.
    every state has some crazy crap in the rules, and there is always someone that
    points out that it is unenforceable.
    who will post his bail, pay his lawyer, feed his family while he sits in a cell??
    because all you have done for him, is to set him up to become a test case
    for your grand ideas about how the laws should be interpreted in your perfect world view.
    you could be more helpful!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  14. #14
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by 1245A Defender View Post
    i like the way neither you nor psstpoc?, bothered to answer the OPs questions,
    or to offer guidence in following the law, so he can stay out of trouble..
    but you come on here, after i have done my best to expose the hoops he must jump thru.
    and bring up all the counter laws to justify pushing the outer edges of sanity.
    every state has some crazy crap in the rules, and there is always someone that
    points out that it is unenforceable.
    who will post his bail, pay his lawyer, feed his family while he sits in a cell??
    because all you have done for him, is to set him up to become a test case
    for your grand ideas about how the laws should be interpreted in your perfect world view.
    you could be more helpful!
    Who exactly suggested that anybody should be the poster boy for the local Seppuku Society?

    This is not an "I" vs "you" issue nor is an effective reply limited to one perspective. Preemption is not a "counter law," it is the paramount issue. Illegal rules and rogue politicians become more formidable by acquiescence - that is the real world.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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