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Question About long guns

BadMoon Risin68

Regular Member
Joined
Oct 3, 2011
Messages
53
Location
Portland, OR
Sometimes I like to have a little extra fire power when leaving the house and my AR fits snug in the back of my truck. when I do get my concealed permit does this apply to all guns or just handguns? I have heard a lot of rumor that it goes both ways. Just wondering if it will apply to long guns as well because as of right now I must have bullets and clips separate from the gun (not convenient). I don't know if this is redundant question, but any information will be helpful!
 

marksrig

New member
Joined
May 22, 2011
Messages
9
Location
Salem Oregon
Long gun concealed

From what I understand, It applies to handguns only. CHL...Concealed Handgun License. Does not allow you to carry any weapon such as knives, brass knuckles, batons, tasters, rifles. Only handguns. Rifles still need to be carried unloaded in a vehicle.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
I occasionally travel in Oregon. What is your state's definition of "unloaded" for long guns in a vehicle? I can have a full magazine in the gun, but nothing in the chamber in Nevada, and that is how our laws define "unloaded."

Also, my next trip up there will probably see me get my nonresident CCW permit for Oregon. Does that change how you OC or have non-CCW weapons in the vehicle? My reading of the OP was making me think that maybe it does.
 

Warren Drouin

Regular Member
Joined
May 27, 2011
Messages
125
Location
Medford, Oregon, United States
Read this Statue: 166.173 Authority of city or county to regulate possession of loaded FIREARMS in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.

(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

(a) A law enforcement officer in the performance of official duty.

(b) A member of the military in the performance of official duty.

(c) A person licensed to carry a concealed handgun.

(d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.

(e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3]

From what I read is that you only need a CHL to be exempt from all FIREARMS bans, even thought it stand for Concealed Handgun License. If you read the beginning of the statue, it clearly says FIREARMS and then who it does not apply to: a PERSON licensed to carry a concealed handgun. A person license to carry a concealed handgun means a person with a CHL license. So let say it this way: A person who is license to carry concealed handgun (CHL) is exempt to ORS 166.173.

I hope that help out.


disclaimer: This is not legal advice, please seek a lawyer for legal advice.
 

Warren Drouin

Regular Member
Joined
May 27, 2011
Messages
125
Location
Medford, Oregon, United States
@MAC702

166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise:

(1) “Capitol building” means the Capitol, the State Office Building, the State Library Building, the Labor and Industries Building, the State Transportation Building, the Agriculture Building or the Public Service Building and includes any new buildings which may be constructed on the same grounds as an addition to the group of buildings listed in this subsection.

(2) “Court facility” means a courthouse or that portion of any other building occupied by a circuit court, the Court of Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel related to the operations of those courts, or in which activities related to the operations of those courts take place.

(3) "Loaded firearm” means:

(a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.

(b) A muzzle-loading firearm which is capped or primed and has a powder charge and ball, shot or projectile in the barrel or cylinder.

(4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.

(5) “Weapon” means:

(a) A firearm;

(b) Any dirk, dagger, ice pick, slingshot, metal knuckles or any similar instrument or a knife other than an ordinary pocket knife, the use of which could inflict injury upon a person or property;

(c) Mace, tear gas, pepper mace or any similar deleterious agent as defined in ORS 163.211;

(d) An electrical stun gun or any similar instrument;

(e) A tear gas weapon as defined in ORS 163.211;

(f) A club, bat, baton, billy club, bludgeon, knobkerrie, nunchaku, nightstick, truncheon or any similar instrument, the use of which could inflict injury upon a person or property; or

(g) A dangerous or deadly weapon as those terms are defined in ORS 161.015. [1969 c.705 §1; 1977 c.769 §2; 1979 c.398 §1; 1989 c.982 §4; 1993 c.741 §2; 1999 c.577 §2; 1999 c.782 §6; 2001 c.201 §1]
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
When you read ORS 166.360 you will see that the definitions within it are specifically applicable to ORS 166.360 to 166.380. In ORS's other than 166.360-380 those definitions may not apply.

ORS 166.210 provides definitions for use in ORS 166.250 to 166.270, 166.291 to 166.295 and 166.410 to 166.470 but DOES NOT include a definition of "loaded". It may be that Oregon case law has applied the loaded definition from 166.360 to other firearms sections.


ORS 166.250 is "Unlawful possession of firearms"

166.250. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470 or section 5, chapter 826, Oregon Laws 2009, a person commits the crime of unlawful possession of a firearm if the person knowingly:

(a) Carries any firearm concealed upon the person;

(b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or

(continues with minors, felons, etc. but you shouild read it in it's entirety)


ALSO OF CONCERN ORS 166.173 allows cities and counties to regulate the carry of loaded firearms in public places AND CASE LAW IN OREGON is that the interior of your vehicle is a public place. Note that 166.173 is not handgun specific so long guns are also subject to local restrictions.

166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.

AGAIN, there is more to the ORS so you should read it yourself.


As I understand it, but I am not a lawyer, if you're not in a city or county with a local ban on loaded firearms, then it would be legal to have a loaded long gun in the vehicle and it can even be concealed. HOWEVER that something is legal does not mean that the police will know that it is and that you won't have any issues.

Again, I AM NOT A LAWYER, READ MY SIG LINE TO THAT EFFECT.
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
I will be looking into it more I appreciate the use of ORS citations. Thanks everybody!

When you read the ORS's on the legislative site, be sure to pay attention to the notes. Some sections are "printed" more than once due to changes in the laws. You need to be sure that you're reading the section that applies. Currently, 166.250 is listed multiple times.
 
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