Stop & I.D Oregon

Historyman1942 · Jul 22, 2011

VW_Factor said:
You may carry fully loaded +1 (with one in the chamber) permitted or not.

You also while open carry, are not required to show ID nor your permit, UNLESS you are in a city who has written ordinances against loaded carry. Having a CHL preempts you from the restrictions, however I am sure the LEO would use it as an excuse to check you out.

In terms of OC:

Officers would still have to have reasonable suspension (ability to detain) that you committed a crime or that a crime is about to be committed to stop and ID. They cannot know if the weapon you OC on you is loaded or not. They could try saying that them not knowing is reasonable suspicion but that's pushing it. For them to know or not they would have to examine the firearm and that definitely should not happen unless they have reasonable suspension (ability to detain). ORS 166.380 is the only provision which allows a LEO to examine a firearm posses by anyone on their person while IN or ON a PUBLIC BUILDING. Public buildings are defined as a hospital, a capitol building, a public or private school, a college or university, a city hall....

However to carry in these places one needs a CHL and can carry loaded or unloaded.... so whats the point of 166.380? To allow a LEO to harass if he is the type.

YoungBlackMale · Jul 22, 2011

Historyman1942 said:
In terms of OC:

Officers would still have to have reasonable suspension (ability to detain) that you committed a crime or that a crime is about to be committed to stop and ID. They cannot know if the weapon you OC on you is loaded or not. They could try saying that them not knowing is reasonable suspicion but that's pushing it. For them to know or not they would have to examine the firearm and that definitely should not happen unless they have reasonable suspension (ability to detain). ORS 166.380 is the only provision which allows a LEO to examine a firearm posses by anyone on their person while IN or ON a PUBLIC BUILDING. Public buildings are defined as a hospital, a capitol building, a public or private school, a college or university, a city hall....

However to carry in these places one needs a CHL and can carry loaded or unloaded.... so whats the point of 166.380? To allow a LEO to harass if he is the type.

I can truely relate to that.An by me being a darker skin color it makes things even harder when stopped for open carry..They think every black male who are not in the military are gang members an criminals.It's a shame how they even waste their time.Guess I'll just have to enforce the law myself.:cuss:

VW_Factor · Jul 22, 2011

VW_Factor said:
You also while open carry, are not required to show ID nor your permit, UNLESS you are in a city who has written ordinances against loaded carry. Having a CHL preempts you from the restrictions, however I am sure the LEO would use it as an excuse to check you out.

Historyman1942 said:
Officers would still have to have reasonable suspension (ability to detain) that you committed a crime or that a crime is about to be committed to stop and ID. They cannot know if the weapon you OC on you is loaded or not. They could try saying that them not knowing is reasonable suspicion but that's pushing it.

Pretty much what I was getting at. I can see where officers in those towns/cities would abuse the law just to check you out or hassle you.

KenHorse · Jul 23, 2011

While I am a newcomer to this forum, I have had an Oregon and Utah CHL for many many years. I am also very proficient and train regularly

My comments are:

1) An Oregon CHL is not limited to the country in which it is issued. It is valid statewide (and in some other states), ORS and other states' restrictions notwithstanding.

2) There is no prohibition on carrying with a chambered round, period. The LEO who said/inferred that is plain wrong.

3) Portland sucks

That is all

Badger Johnson · Jul 23, 2011

Though I don't currently OC due to a slight disability, I'd suggest the following for beginners, since I have studied the paradigm:

1. OC at first in small groups of like minds, each person OC-ing in a good holster;
2. Carry a recorder, or two, activated WHEN you leave the house;
3. Know the handful of statutes which apply to having a HG, especially in California;
4. Print out and carry the CHL/CHP guidelines, even though you are OC-ing, have on hand the 'notify' rules, esp. in Ohio if you operate a MV while OC-ing;
5. Don't go to stupid places with stupid people, don't consume intoxicants, be alert.

I'd strongly emphasize #2 - it's your only defense against false charges.

Good luck!

We-the-People · Jul 23, 2011

Historyman1942 said:
However to carry in these places one needs a CHL and can carry loaded or unloaded.... so whats the point of 166.380? To allow a LEO to harass if he is the type.

We need to get rid of ORS 166.380. It is unnecessary. If you do not have a CHL you can't carry, if you do have one you can and it can be loaded. The only thing the officer should be allowed to do is ask foryour CHL. Hand him a CHL and he's done, end of story. 166.380 creates the unsafe and unconstitutional condition. Unsafe because a holstered firearm isn't going to go off but when deputy Fife starts fiddling with it to check whether it's loaded or not, the probability goes WAY up. Unconstitutional because a law abiding citizen is being deprived of his fourth amendment right to be secure in his person and property by deputy Fife who decides to inspect the load condition of a weapon which is lawfully allowed to be loaded.

Unsat on TWO COUNTS. Prozanski will probably still kill any attempt to remove it.

We-the-People · Jul 23, 2011

Badger Johnson said:
Though I don't currently OC due to a slight disability, I'd suggest the following for beginners, since I have studied the paradigm:

1. OC at first in small groups of like minds, each person OC-ing in a good holster;
2. Carry a recorder, or two, activated WHEN you leave the house;
3. Know the handful of statutes which apply to having a HG, especially in California;
4. Print out and carry the CHL/CHP guidelines, even though you are OC-ing, have on hand the 'notify' rules, esp. in Ohio if you operate a MV while OC-ing;
5. Don't go to stupid places with stupid people, don't consume intoxicants, be alert.

I'd strongly emphasize #2 - it's your only defense against false charges.

Good luck!

#2 is difficult in Oregon. We are a "must inform" state when it comes to audio recording. So, if you turn on the recorder when you leave the house, in order to comply with the letter of the law, you're going to have to "inform" everyone that you talk to or that you can overhear. It sucks but that's the state of the law in this state and they DO use it against people who record the police.

Historyman1942 · Jul 25, 2011

We-the-People said:
We need to get rid of ORS 166.380. It is unnecessary. If you do not have a CHL you can't carry, if you do have one you can and it can be loaded. The only thing the officer should be allowed to do is ask foryour CHL. Hand him a CHL and he's done, end of story. 166.380 creates the unsafe and unconstitutional condition. Unsafe because a holstered firearm isn't going to go off but when deputy Fife starts fiddling with it to check whether it's loaded or not, the probability goes WAY up. Unconstitutional because a law abiding citizen is being deprived of his fourth amendment right to be secure in his person and property by deputy Fife who decides to inspect the load condition of a weapon which is lawfully allowed to be loaded.

Unsat on TWO COUNTS. Prozanski will probably still kill any attempt to remove it.

I agree completely. Prozanski is a nut case, and the story he put about about the photoshopped images he claims Kevin at OFF created was funny because of how stupid the claim was. Wonder why he could never show the famed picture anyway. Glad some more good folks like my friend Vance Day have been getting involved with Kevin at OFF, including the recent lawsuit against the OUS (Oregon University System) filed by Day on behalf of OFF. They are waiting to hear back with the courts ruling now. What happened to Jeff Maxwell was a disgrace... and if he sees this by chance... SEMPER FI Marine!

We-the-People · Jul 26, 2011

Historyman1942 said:
I agree completely. Prozanski is a nut case, and the story he put about about the photoshopped images he claims Kevin at OFF created was funny because of how stupid the claim was. Wonder why he could never show the famed picture anyway. Glad some more good folks like my friend Vance Day have been getting involved with Kevin at OFF, including the recent lawsuit against the OUS (Oregon University System) filed by Day on behalf of OFF. They are waiting to hear back with the courts ruling now. What happened to Jeff Maxwell was a disgrace... and if he sees this by chance... SEMPER FI Marine!

Yes the Maxwell case was rediculous. One of the reasons I take great pleasure in never letting security know if I'm carrying or not...but really making them wonder... I have been asked "are you carrying a weapon"...my reply is always "I will neither confirm nor deny that". End of story.

I do have to say that most of them aren't a pain and the one that REALLY was is no longer a security officer.

Like I said...Maxwell's treatment was rediculous. So I'm gettin a little "payback" so to speak while educating the students on the legality of firearms carry and even carry on campus. They usually start listening after I explain that their (or a friends) pepper spray is also against the schools policy, lumped in with firearms, and they could be expelled for carrying it....without benefit of state premption to back their case.

SoldierForFreedom · Sep 10, 2011

Just to chime in and offer my 2 cents, I would always be cautious in the Portland area due to their mostly overzealous law enforcement officers. My in-laws live in the Beaverton area and I have been accosted multiple times even within their quiet neighborhood by pretentious police officers. It usually stops when I show my military ID, but nonetheless it is cause for concern.

This notwithstanding, don't let liberal cops discourage you from exercising your Constitutional rights, just be mindful!

Ironbar · Sep 13, 2011

Dear YBM,

I took the same class at Gunbroker in Tigard years ago, and I agree with you that it was complete horse manure. No real information presented on CC or OC. It came full of speculation, personal opinion, and outright misinformation (as I learned later). The fact that it was required prior to obtaining my CHL is a joke.

Stop & I.D Oregon

Historyman1942

Regular Member

YoungBlackMale

Regular Member

VW_Factor

Regular Member

KenHorse

New member

Badger Johnson

Regular Member

We-the-People

Regular Member

We-the-People

Regular Member

Historyman1942

Regular Member

We-the-People

Regular Member

SoldierForFreedom

New member

Ironbar

Regular Member