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Thread: Being 'made' while carrying

  1. #1
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    Being 'made' while carrying

    I've seen frequent conversations about people discovering that a member of one forum or another was carrying concealed. The implication is that this is illegal.

    I assume that being discovered is illegal as open carry is illegal in the states being discussed. Since Oregon permits open loaded carry, is being "made" while carrying concealed an issue here?

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    Huh? Could you repeat that using different words so we can understand. Just clear it up a little.

    While bearing in mind that OCDO has zero tolerance for advocating illegal activity--like carry a concealed handgun without being licensed to do so.

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    I assume the person carrying concealed has a permit in each case.

    On other boards there is discussion about carrying concealed with a permit. Often the stories are about how someone around them in the grocery or whatever noticed or almost noticed their concealed carry. Apparently it is illegal--misdemeanor or some such--if someone notices the firearm. The drift seems to be that the permit is for CONCEALED carry in a state where OPEN LOADED carry is not permitted--period.

    I understand that open loaded carry is permitted in Oregon by an individual who has a concealed carry permit. Given that open loaded carry is permitted, is there concern that someone carrying concealed with a permit is noticed by a third party?

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    Founder's Club Member thebigsd's Avatar
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    If you're "made" while concealing, that should be your first clue that you are not concealing well. Just OC so you don't have to worry about it. If you really want to conceal, look into holsters that are designed for concealment like IWB or belly band holsters. Good luck.
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    Quote Originally Posted by Guy B. Meredith View Post
    I assume the person carrying concealed has a permit in each case.

    On other boards there is discussion about carrying concealed with a permit. Often the stories are about how someone around them in the grocery or whatever noticed or almost noticed their concealed carry. Apparently it is illegal--misdemeanor or some such--if someone notices the firearm. The drift seems to be that the permit is for CONCEALED carry in a state where OPEN LOADED carry is not permitted--period.

    I understand that open loaded carry is permitted in Oregon by an individual who has a concealed carry permit. Given that open loaded carry is permitted, is there concern that someone carrying concealed with a permit is noticed by a third party?
    OK. Thanks. Appreciate it.

    As to your state, I cannot say. I'll have to await the answer, too.

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    Quote Originally Posted by Citizen View Post
    Huh? Could you repeat that using different words so we can understand. Just clear it up a little.

    While bearing in mind that OCDO has zero tolerance for advocating illegal activity--like carry a concealed handgun without being licensed to do so.
    Good work, citizen.

    We must be ever vigilant . . .

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    It's not illegal to carry concealed (with a permit) and have it be shown in Oregon. The reason why this is so is because it is legal to carry openly in Oregon. In Texas (and a few other states), open carry is illegal, but concealed carry (with a permit) is legal. In those states you risk violating the law if you are showing your firearm. Hope that helps.
    Last edited by bigtoe416; 07-18-2011 at 11:49 AM. Reason: grammar

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    Regular Member VW_Factor's Avatar
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    Yup, OC is perfectly legal in Oregon. Also having a permit does not "remove your right" to OC, and in fact allows you to OC in more places because a CHL holder is preempted from city ordinances.

    Whoever told you "being made" was illegal in Oregon is blowin smoke ...

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    I was not told that the exposure in Oregon is illegal, but after reading endless exposure stories in states like California where the exposure is illegal, I was curious as to whether there are any "gotchas" in Oregon. Oregon seems to have taken the sensible path.

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    Regular Member hermannr's Avatar
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    Having someone see that you are carrying is only a problem in places like TX and FL where OC is not legal. OR and WA do not have that problem as OC is totally legal.

    Why should you care if someone sees your weapon or not? Just OC and forget hiding something that is perfectly legal to do.

  11. #11
    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by Guy B. Meredith View Post
    I was not told that the exposure in Oregon is illegal, but after reading endless exposure stories in states like California where the exposure is illegal, I was curious as to whether there are any "gotchas" in Oregon. Oregon seems to have taken the sensible path.
    "Exposure" in California would be silly. In reality (unless you are "important") the only way to carry in California is openly and unloaded.

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    Quote Originally Posted by Guy B. Meredith View Post
    Oregon seems to have taken the sensible path.
    when compared to california, this is true about most things...

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    Quote Originally Posted by VW_Factor View Post
    "Exposure" in California would be silly. In reality (unless you are "important") the only way to carry in California is openly and unloaded.
    That is currently up for debate. Politico from San Diego wants to have OC banned whether loaded or unloaded. I haven't followed recently to see where that is going.

  14. #14
    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by Guy B. Meredith View Post
    That is currently up for debate. Politico from San Diego wants to have OC banned whether loaded or unloaded. I haven't followed recently to see where that is going.
    I actually know some people who are looking forward to that. In the sense, that if that passes, it effectively bans exercising the 2nd amendment.. Which would end up in court either forcing them to allow OC again (hopefully loaded) or going from CC MAY issue to SHALL issue.

    However, as it currently stands, I understand that OC is still legal in CA.
    Last edited by VW_Factor; 07-20-2011 at 01:48 PM.

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    Quote Originally Posted by VW_Factor View Post
    However, as it currently stands, I understand that OC is still legal in CA.
    Unloaded OC. That means being "made" puts the concealed carrier in violation of the law. Gotta be deep cover to carry with permit.

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    Regular Member We-the-People's Avatar
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    Quote Originally Posted by VW_Factor View Post
    "Exposure" in California would be silly. In reality (unless you are "important") the only way to carry in California is openly and unloaded.
    That's not true in all jurisdictions. I had a CCW (Cali's name for it) and so did many others in the county I lived in. Sacramento county is now a defacto "shall issue" county due to some negotiations that took place there between gun rights groups and the Sheriff (I think OC was the mechanism that got those negotiations started but don't quote me on that).

    The heavily populated areas, LA, San Diego, San Fran....they are where the problem lies in getting a concealed license. When I had mine San Fran actually had an ordinance that said they didn't recognize the (state issued) CCW. I carried there anyway when I went there.

    Cali has some serious issues with firearms laws but the CCW issue is more of a "populated area" issue and not the entire state.
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    Regular Member We-the-People's Avatar
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    Quote Originally Posted by VW_Factor View Post
    I actually know some people who are looking forward to that. In the sense, that if that passes, it effectively bans exercising the 2nd amendment.. Which would end up in court either forcing them to allow OC again (hopefully loaded) or going from CC MAY issue to SHALL issue.

    However, as it currently stands, I understand that OC is still legal in CA.

    My understanding is that the proposed legislation would only ban unloaded open carry of handguns and not affect the other variety offirearms that we're not supposed to talk about here. And boy that WILL open up a can of worms in that regard.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
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    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  18. #18
    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by We-the-People View Post
    My understanding is that the proposed legislation would only ban unloaded open carry of handguns and not affect the other variety offirearms that we're not supposed to talk about here. And boy that WILL open up a can of worms in that regard.
    I did read about that as well, that the OC'ers in Cali would switch to the legal sort of firearm, which is indeed a bit more noticeable than a sidearm.

  19. #19
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by VW_Factor View Post
    I did read about that as well, that the OC'ers in Cali would switch to the legal sort of firearm, which is indeed a bit more noticeable than a sidearm.
    I believe there are some implications with them about not having to worry about GFSZ's as well.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
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    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  20. #20
    Regular Member MKEgal's Avatar
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    (In speaking of CA):
    Quote Originally Posted by Guy
    Unloaded OC. That means being "made" puts the concealed carrier in violation of the law. Gotta be deep cover to carry with permit.
    Depends on the type of permit.
    According to http://www.handgunlaw.us/states/california.pdf there are 2 flavors:
    1) carrying concealed (though as quoted the law doesn't mention loaded or un-)
    2) carrying "loaded & exposed" (issued by a county w/ less than 200K population)

    So type 2 requires being carried openly, & type 1 specifies concealed... which seems to me to be defined only in contrast to 'exposed', so printing would still be concealed.

    Look at it this way: if someone w/o a permit carried that way, would they be arrested for carrying concealed?
    Yes, so it's concealed.
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