Unloaded Carry??

sultan62 said:

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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orqusgu said:

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.

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orqusgu said:

snip........

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1245A Defender said:

say hi in those forums, get to know us!

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orqusgu said:

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-PISTOL-STORAGE-SAFETY-NCSTAR-NEW-BLACK-/120617535850

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Teddybearfrmhell said:

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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1245A Defender said:

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!

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Phssthpok said:

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).

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1245A Defender said:

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.

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Grapeshot said:

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...ayor-Adams-5-gun-law-rules-will-not-work.html

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1245A Defender said:

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!

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