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Thread: Salem/Portland OC LAWS?

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    Salem/Portland OC LAWS?

    I am from salem and am currently living in Virginia, I am coming home soon and would like to get some info about OC in the areas of Salem and Potland etc... laws and regs. about carring in a vehicle and on my person without a CHL (I will be getting my CHL while I am home but in the mean time I want to OC). I have done alot of looking around on this forum site and am confussed if OC is even allowed without a CHL? If it is not then I would like to know the laws. Thank you for the help.

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    Founder's Club Member - Moderator Grapeshot's Avatar
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    Sorry to be losing you to the west coast - life is better in Ol' Virginia.

    Good place to start on the laws and cities you question can be found on the OCDO link following:
    http://www.opencarry.org/or.html
    Old and treacherous will beat young and skilled every time.

    Yata hey

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    You'll need a CHL if you want to carry in Salem or Portland. If you're driving outside of those cities (and outside of the other cities with restricting loaded open carry to CHL holders) then you can open carry loaded. If you look at grapeshot's link, at the top there is a list of cities that require a CHL to open carry, and according to this thread the city of Newport and Astoria also have city ordinances requiring a CHL to OC.

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    Regular Member VW_Factor's Avatar
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    True dat.
    Last edited by VW_Factor; 05-14-2011 at 09:24 PM. Reason: clarity

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    But Without a CHL OC is still allowed but the gun has to be unloaded right? where does the mag have to be? and can the mag be loaded? also what applies while in the car for OC w/out a CHL?

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    Founder's Club Member - Moderator Grapeshot's Avatar
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    Quote Originally Posted by xdm_holder View Post
    But Without a CHL OC is still allowed but the gun has to be unloaded right? where does the mag have to be? and can the mag be loaded? also what applies while in the car for OC w/out a CHL?
    Did you read the links provided?
    Old and treacherous will beat young and skilled every time.

    Yata hey

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    In all cities except portland if you're weapon is unloaded you are good to go. Ie Salem. Those who OC in these cities without a CHL will carry loaded mags on them. However without a CHL the federal gun free school zone law applies for those not on private property within 1000 feet of a k-12 school. Since the courts have ruled that under the context of carry laws you re vehicle is considered a public place even driving through an area within that 1000 feet would technically be illegal. However cops here almost never enforce anything under USC etc.

    So outside of the cities that restrict loaded open carry (or the places that a city specially restricts, ie Independence City restricts only in parks) you can be loaded OC if your weapon is in plain view or in an open belt holster and not covered/concealed.


    Also the rules with Portland are kinda a big topic of legal debate as the state law in one area defines "Loaded Firearm" and only allows cities to restrict "Loaded Open Carry" for those w/o a CHL. Portland restricts having loaded mags on you regardless if they are in the weapon or not. You will notice this is talked about a lot on this forum. You can carry an unloaded weapon with no ammo on you in Portland, however expect police to get called and stop you. Also I would never recommend carrying without any ammo, almost no point.
    Last edited by Historyman1942; 05-16-2011 at 12:00 AM.

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    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by xdm_holder View Post
    But Without a CHL OC is still allowed but the gun has to be unloaded right? where does the mag have to be? and can the mag be loaded? also what applies while in the car for OC w/out a CHL?
    Quote Originally Posted by Grapeshot View Post
    Did you read the links provided?
    The only city that has ordinances to stop loaded magazine carry is PDX. However state law forbids the city from banning loaded magazines or clips, they only have the authority to ban loaded OC. (Such as Salem, where you can have your magazine loaded, but not attached to your firearm. This puts you in a similar situation as the guys in California who UOC)

    At any rate, while PDX may stop you, arrest you and ticket you for having loaded mags with you.. You could be the test case who takes it to court and fights against the unconstitutional (State) ordinance to have it stricken from the books. Money and time many people do not have.

    Personally I avoid PDX as much as I can, I do not enjoy the city at all. As well, I do not wish to be bothered in such a "hassle area" so I chose to CC there, especially with the tendency of the PDX police to shoot first and ask questions later. I would feel more comfortable if we held an OC event somewhere in PDX, hoping that we get CHL holders to attend so that we can all legally LOC and hopefully educate those who ask.

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Quote Originally Posted by VW_Factor View Post
    (Such as Salem, where you can have your magazine loaded, but not attached to your firearm. This puts you in a similar situation as the guys in California who UOC)
    Out of curiosity, is there a statute similar to California's 12031(e) that allows an officer to inspect the firearm to verify that it is loaded? Salem's loaded firearm code doesn't seem to mention it:

    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)

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    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by bigtoe416 View Post
    Out of curiosity, is there a statute similar to California's 12031(e) that allows an officer to inspect the firearm to verify that it is loaded? Salem's loaded firearm code doesn't seem to mention it:
    Oregon State ORS mentions no such thing, and I don't recall ever seeing it in Salem's ordinances either. Given the way the states constitution is written, I am unsure if they could even make that a requirement..

    Anyone up for "testing" that?

    I think we have a member here who UOC's in Salem without CHL. Perhaps he would have more insight about it..

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    Regular Member Lord Sega's Avatar
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    Correction...

    Quote Originally Posted by VW_Factor View Post
    The only city that has ordinances to stop loaded magazine carry is PDX.
    Actually you need to check each city, Astoria is like Portland and has UOC w/ unloaded mag/clip.

    ASTORIA
    5.010 Carrying Loaded Firearm Unlawful.

    (A) No person shall knowingly carry a firearm, loaded or unloaded, in a park, school ground or public building.
    (B) No person on a public street or in a public place shall knowingly carry a firearm upon the person, or in a vehicle under the person's control or in which the person is an occupant, unless all ammunition or missile has been removed from the chamber and from the cylinder, clip or magazine.
    (C) Subsections (A) and (B) of this section shall not apply to:
    ...
    (3) Any person having a valid permit issued to the person by lawful authority to carry or use concealed firearms;

    So for Astoria, 5.010 (B) is VOID per state preemption(ORS 166.170), and 5.010 (A) is also incorrect... they can make loaded illegal w/o a CHL, but not unloaded (ORS 166.173).
    Last edited by Lord Sega; 05-18-2011 at 01:34 AM.

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    Regular Member Lord Sega's Avatar
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    Quote Originally Posted by bigtoe416 View Post
    Out of curiosity, is there a statute similar to California's 12031(e) that allows an officer to inspect the firearm to verify that it is loaded? Salem's loaded firearm code doesn't seem to mention it:
    ORS 166.380
    Examination of firearm by peace officer

    * arrest for failure to allow examination

    (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]

    I use https://www.oregonlaws.org/ors/chapter/166 since it is easier to view and get around, but http://www.leg.state.or.us/ors/166.html is the official ORS listing.

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Thanks Lord Sega. I see there has already been some discussion regarding that code as well.

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