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Thread: open carry in my car???

  1. #1
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    open carry in my car???

    can someone please help me understand the laws for carrying a gun in my vehicle in Oregon? can i wear it in a holster on my belt? on the passenger seat? on the dash? i tried looking up the exact law but i dont really understand all the legal mumbo jumbo. thanks

  2. #2
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    You can wear it in your holster, you can throw it on the dash, you can put in on the passenger seat, you can tape it to your steering wheel if you even wanted to. Keep it plainly visible and you should be okay. I'd suggest keeping it in your holster though. Keeps the trigger protected, keeps the firearm under your control, and keeps the firearm from sliding into a concealed position (although if you have an Oregon CHL, that'd be legal too).

  3. #3
    Regular Member We-the-People's Avatar
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    Don't forget.....Without a CHL you are subject to local ordinances that prohibit the carry of loaded firearms in public. In an Oregon case, the court ruled that the inside of your vehicle is a "public place" and so you can't carry it LOADED in your car in those locales unless you have a CHL.

    ORS 166.170 is state pre emption

    ORS 166.173 Gives cities and counties ONLY, NO OTHER SUBDIVISION, the authority to regulate the carry of LOADED firearms. It also exempts CHL holders from any such local ordinances.

    For the specific locations that have such ordinances, you can check out the "OC PAMPHLET" thread that is at the top of the forum page but you also need to check the cities that you're going to be in as these laws can change.

    Mandatory disclaimer:
    I am NOT a lawyer and this is NOT legal advice.
    "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
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    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.

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    I'll mostly be carrying in the Grants Pass, Medford area. as far as i know these places dont have any laws against carrying loaded, but i will find out before i decide to carry openly.

  5. #5
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by Marko View Post
    I'll mostly be carrying in the Grants Pass, Medford area. as far as i know these places dont have any laws against carrying loaded, but i will find out before i decide to carry openly.
    You should be good in both the Medford and GP areas. I'm not aware of any local ordinances in either and I live in Medford. Been OC for two years and have never had an LEO contact that was more than being observed. That was only once that I'm aware of.

    There have been some LEO interactions at one of the Medford parks but from the sounds of those they were mostly cordial. Nothing like the horror stories of Kali or the BS of Portland.

    Then again, your mileage may vary.

    And the mandtory dislaimer....I am not a Lawyer, this is not legal advice.
    "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
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    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.

  6. #6
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    I will be going through OR on way to WA next week. Mostly I-84. I do not have a OR CHL. Since car carry can be iffy in some cities, do I need to unload and just case it?

  7. #7
    Regular Member DocWalker's Avatar
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    Quote Originally Posted by Vegassteve View Post
    I will be going through OR on way to WA next week. Mostly I-84. I do not have a OR CHL. Since car carry can be iffy in some cities, do I need to unload and just case it?
    I drive up I-84 from Boise through the Tri-cities to Spokane 4-5 times a year. You need to unload unless you have a CPL for Oregon. I have a Idaho CWP and find myself in the same situation. I just drop the clip but keep it handy as there is a lot of open space through the blues. Other thing to remember is you need to crawl through the state, they post at 65mph (Idaho 75mph and Washington 70mph). This is expecially true around Baker; Good luck.

    "your personal car is considered Public Property" is the most #$&^#&$^# thing I have ever heard. Does that mean I can sit in the back of the Gov's personal car anytime I want? Hey its PUBLIC PROPERTY.

  8. #8
    Regular Member We-the-People's Avatar
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    If you're going through Portland (don't think any others have it), the magazine must also be empty. It's questionable if they can do that with their ordinance but it has not been challenged yet.
    "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
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    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.

  9. #9
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    Found this on handgunlaw. So does this mean if a city has no ordinance that it can be on my hip in the open in the car?

    From the Oregon Firearms Federation:
    OREGON has no STATE law against carrying a loaded handgun in your car as long as it’s :
    (a) Not concealed or
    (b) “Not readily accessible.”
    “Not readily accessible" (for now) means:
    (4)(a) Except as provided in paragraph (b) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.
    (b) If a vehicle has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:
    (A) The handgun is stored in a closed and locked glove compartment, center console or other container; and (B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.

  10. #10
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    Quote Originally Posted by Vegassteve View Post
    Found this on handgunlaw. So does this mean if a city has no ordinance that it can be on my hip in the open in the car?
    yes, on your hip is considered "in plain view" ..... also can be on the dash , on the passenger seat etc etc

  11. #11
    Regular Member hermannr's Avatar
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    Open Carry means it can be seen and recognized as a pistol without being uncovered. Other than Portland, Salem and a couple other places (Cities) loaded on your hip in a car is legal without a permit. With a Permit that is legal everywhere.

    Use your cruise control and don't rush, and you will do just fine. OR likes out of state fine money.. Remember the old Oregon State motto from the 70's?: Come, leave your money, then go back to where you came from.

  12. #12
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by hermannr View Post
    Remember the old Oregon State motto from the 70's?: Come, leave your money, then go back to where you came from.
    Isn't that still our motto?
    "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
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    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.

  13. #13
    Founder's Club Member ed's Avatar
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    Quote Originally Posted by DocWalker View Post
    I just drop the clip
    What's a clip?
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  14. #14
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    Quote Originally Posted by ed View Post
    What's a clip?
    Really? Seriously? You revived a two year old thread to post that! You have no life do you.

  15. #15
    Regular Member nilla's Avatar
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    Quote Originally Posted by Sethrotull View Post
    Really? Seriously? You revived a two year old thread to post that! You have no life do you.
    Wether or not Ed has a life, what he has shown us is that he has a sense of humor.
    Thank you, Ed. I found humor in it, and I think this thread, even with as old as it is, is a good reminder to the current laws and city ordinances in Oregon.

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