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Oregon - go to jail for a loaded clip/magazine ?!?

TheOneCalledDoc

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Mar 13, 2012
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This thread while old hardly clears anything up.

Actually it cleared MY questions right up. I'm not sure you ready my post correctly, but I now know I can OC with a loaded mag seperate from the weapon as long as I avoid the cities with constitutionally illegal statutes. That is correct, right?
 

bigtoe416

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Actually it cleared MY questions right up. I'm not sure you ready my post correctly, but I now know I can OC with a loaded mag seperate from the weapon as long as I avoid the cities with constitutionally illegal statutes. That is correct, right?

Assuming you don't have a CHL, if you're open carrying in a city that hasn't enacted an illegal statute, but has banned open carry, then you can carry a loaded magazine separate from your firearm without any worries. If you are going to be in a city with an illegal statute prohibiting loaded magazines then you should unload the magazines or risk being a test case. If you are in a normal city or in any unincorporated area then you can carry a loaded firearm.

If you have a CHL you can carry a loaded firearm in any of the above locations.
 

TheOneCalledDoc

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Assuming you don't have a CHL, if you're open carrying in a city that hasn't enacted an illegal statute, but has banned open carry, then you can carry a loaded magazine separate from your firearm without any worries. If you are going to be in a city with an illegal statute prohibiting loaded magazines then you should unload the magazines or risk being a test case. If you are in a normal city or in any unincorporated area then you can carry a loaded firearm.

If you have a CHL you can carry a loaded firearm in any of the above locations.

Most of my family lives in the sticks, I will only OC in Tillamook or Vernonia, and possibly the cities in between the two.
 

hermannr

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Mar 24, 2011
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Okanogan Highland
My I comment on a few things stated above.

Easiest is ORS 166.360 definitions are good for 166.360 to 166.380 only. It even specifically states such.

Second look at Astoria and Salem's exemptions. Astoria says license "issued by any lawful authority". Salem goes farther and gives this two exemption lines, (3 and 4) one for any authority, and a second one that specifically addresses an ORS. The reason behind the two lines is 166.370 specifically states to be able to enter a public building (loaded or unloaded) with a firearm you must be licensed under ORS 291 and 291. "Any license" will not do in a public building.

Now, for all of you doubters, there is proof I am correct in the proper understanding of ORS 166.173...for the purposes of OC ONLY...any license to carry is sufficient to carry loaded in a local government controlled area that restricts loaded OC..like Astoria, Portland and Salem.

If you have a license to carry (that is ANY license to carry issued by any legal authority) you can OC loaded EVERYWHERE (except a "public" building, but that is a state restriction) in OR. Local government restrictions do not apply to you.
 
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carracer

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Sep 28, 2008
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1,108
Location
Nampa, Idaho, USA
"recklessly having failed to remove all the ammunition from the clip or magazine."

So, if I intentionally and safely load and carry in a safe manner the magazine for my 1911, am I still "reckless"?
 

salemtactical

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Mar 10, 2014
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Salem, OR
You cannot carry a loaded gun without a concealed carry permit. You must unload the weapon. No mention of unloading a detached magazine is mentioned.
95.095. Loaded Firearms. (a) It shall be unlawful for any person to possess a loaded firearm, whether the shell or cartridge is a blank or is live ammunition, while in a public place as defined in ORS 161.015.
(b) Nothing in subsection (a) shall apply to:
(1) A law enforcement officer in the performance of official duty.
(2) A member of the military in the performance of official duty.
(3) A person licensed to carry a concealed handgun.
(4) A person authorized to possess a loaded firearm while in or on a public building under ORS 166.370.
(5) A government employee or contractor of the City of Salem engaged in flight safety hazard abatement to comply with Chapter 14 of the Code of Federal Regulations, Part 139.337 at McNary Field. (Ord No. 29-96; Ord No. 54-05)

A PUBLIC PLACE IS:
161.010(10) “Public place” means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.

Does this mean that you can not legally open carry an UNLOADED firearm in malls and on public transportation?
 

bigtoe416

Anti-Saldana Freedom Fighter
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Oregon
Does this mean that you can not legally open carry an UNLOADED firearm in malls and on public transportation?

The statute you quoted specifically mentions loaded firearms but you asked about unloaded firearms. It's fine to carry an unloaded firearms in a public space as long as it isn't against state/federal law (like in a public building or a post office).
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
Does this mean that you can not legally open carry an UNLOADED firearm in malls and on public transportation?

Short answer.....NO IT DOES NOT MEAN THAT.

Keep in mind the statute you quoted is only a local ordinance from the city of Salem. CHL holders are exempt from the local ordinance but there are other laws that must be followed from the state and federal levels.

Basically, avoid federal facilities (post office, recruiters office, Social Security, etc.).....whether loaded or not, CHL or not.

Without CHL, whether loaded or not, avoid state/local gov't owned buildings (and adjacent grounds) which would include most "districts" such as school, water, sewer, etc. Basically, if there is an elected or politically appointed board, it's a gov't subdivision and thus a "public building". Just how far does the "adjacent grounds" apply? I'm not sure that's been tested.
There is also the 1000 foot federal "GFSZ" issue to worry about.

With a CHL, you can go just about anywhere, LOADED, so long as it is not federally prohibited AND you get exemptions from some federal prohibitions such as the GFSZ.
 

Cletus

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May 1, 2015
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Amity
Assuming you don't have a CHL, if you're open carrying in a city that hasn't enacted an illegal statute, but has banned open carry, then you can carry a loaded magazine separate from your firearm without any worries. If you are going to be in a city with an illegal statute prohibiting loaded magazines then you should unload the magazines or risk being a test case. If you are in a normal city or in any unincorporated area then you can carry a loaded firearm.

If you have a CHL you can carry a loaded firearm in any of the above locations.

That is of course, "all fine and well" regarding the CHL. Frankly, the requirement of such a "permit" is infringement to say the least and I will not pay the tax to do so. I will continue to open carry as I have been. If carrying the magazine in my left pocket makes them feel better so be it. If my life (or that of another citizen) depends on it, I will load and use appropriately. Since the passing of SB941 we really, as a people of Oregon, need to insist on constitutional carry such as Kansas and 6 other states. Abolish the conceal carry "permit" altogether. We don't require a permit to a right to keep and bear arms. PERIOD.
 
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