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Thread: "Hypothetical" OC loaded in vehicle on I 84

  1. #1
    Regular Member Lammo's Avatar
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    "Hypothetical" OC loaded in vehicle on I 84

    A story problem:

    If a Washington resident, holding a WA CPL and a Utah CFP, travels from Spokane, WA, to Boise, ID, via US 195 and US 95 to buy a horse trailer while CC'ing a loaded firearm, can he or she lawfully return to Spokane, WA, via I 84, turning off near Pendleton, OR, to go to Walla Walla, WA, by removing all covering garments, thus OC'ing the same loaded firearm, to wit: one Glock 36 in a SERPA belt/paddle holster?

    PS - - Yes, I've read through the pamphlet and checked through the statutes, or at least I would have done so on my BlackBerry if I thought about changing my return route due to a change in the weather and not wanting to pull a horse trailer in the really dark on a two-lane highway, hypothetically.
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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    No CHL is required to carry a loaded firearm in an automobile in Oregon. Just keep it openly visible and you should be fine. I've never been to NE Oregon, but I imagine the folks up there are pretty cool with firearms in general.

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    Regular Member Lammo's Avatar
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    Quote Originally Posted by bigtoe416 View Post
    No CHL is required to carry a loaded firearm in an automobile in Oregon. Just keep it openly visible and you should be fine. I've never been to NE Oregon, but I imagine the folks up there are pretty cool with firearms in general.
    That's the way I read it. Thanks!
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    Regular Member hermannr's Avatar
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    Quote Originally Posted by Lammo View Post
    A story problem:

    If a Washington resident, holding a WA CPL and a Utah CFP, travels from Spokane, WA, to Boise, ID, via US 195 and US 95 to buy a horse trailer while CC'ing a loaded firearm, can he or she lawfully return to Spokane, WA, via I 84, turning off near Pendleton, OR, to go to Walla Walla, WA, by removing all covering garments, thus OC'ing the same loaded firearm, to wit: one Glock 36 in a SERPA belt/paddle holster?

    PS - - Yes, I've read through the pamphlet and checked through the statutes, or at least I would have done so on my BlackBerry if I thought about changing my return route due to a change in the weather and not wanting to pull a horse trailer in the really dark on a two-lane highway, hypothetically.
    I am also a WA resident, and i found something in OR law that probably is not normally recognized. Yes, loaded OC is legal in OR everywhere in OR except certain cites (Portland, Salem, Astoria etc) that may restrict UNLICENSED OC.

    The interesting part is: even though your WA CPL is not recognized for the purpose of Concealed carry, it is recognized for purposes of loaded OC in OR. The law (and the city's ordenances) say except if you have a valid license from ANY governmental agency.

    So, not only do you not have to worry in OR about unlicensed loaded OC in a vehicle, you don't have to worry about what towns restrict loaded OC...

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    Quote Originally Posted by hermannr View Post
    I am also a WA resident, and i found something in OR law that probably is not normally recognized. Yes, loaded OC is legal in OR everywhere in OR except certain cites (Portland, Salem, Astoria etc) that may restrict UNLICENSED OC.

    The interesting part is: even though your WA CPL is not recognized for the purpose of Concealed carry, it is recognized for purposes of loaded OC in OR. The law (and the city's ordenances) say except if you have a valid license from ANY governmental agency.

    So, not only do you not have to worry in OR about unlicensed loaded OC in a vehicle, you don't have to worry about what towns restrict loaded OC...
    only if you want to be the test case
    *Disclaimer~ I am not an attorney, i do not give legal advice. Any opinion stated here is in no way meant to insinuate, imply, compel or encourage that you should do anything that is illegal either knowingly or otherwise. My answers however valid may not be complete or applicable to your individual situation. I strongly recommend that you do your own research, make your own decisions and hire an attorney for legal advice ~

  6. #6
    Regular Member hermannr's Avatar
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    I think the test case was the guy from WA that was cited in Astoria this summer. Released, given his gun back and sent on his way. He actually wasn't truly "arrested", but his pistol was taken, and he did have to go to the cop shop to retreive it.

    I actually did not know the wording of that loaded OC by any governmantal permit until researching that particular insident. Yep, If you want to Conceal, you best have an OR license...however, if you have a license from another state, you can, legally, loaded OC anywhere, including Portland, Salem, Beaverton, Tigard, Astoria and any other town I missed. I checked the town laws too, and that is how they read...look in the "WA guy gets arrested in Astoria for loaded carry" thread. I am pretty sure that is where the law was quoted.

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    i know the incident that you are refering to, i also know that that there is no reciprocation in oregon, so any other states concealed carry license is not recognized and regardless of how the law is worded i am sure that the prosecutors position will be that oregon statutes refer to oregon licenses.

    never assume that the government will do the smart or the right thing.

    are you willing to bet YOUR freedom on it?
    *Disclaimer~ I am not an attorney, i do not give legal advice. Any opinion stated here is in no way meant to insinuate, imply, compel or encourage that you should do anything that is illegal either knowingly or otherwise. My answers however valid may not be complete or applicable to your individual situation. I strongly recommend that you do your own research, make your own decisions and hire an attorney for legal advice ~

  8. #8
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Teddy is right. While the forum members here have surmised that out of state licenses would be enough to prevent arrest in those select cities, there isn't any proof that we are correct. We like to think our debates are proof enough, but I doubt a DA/city attorney/judge will think we're the utmost authority on Oregon law.

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    Regular Member J1MB0B's Avatar
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    Hey hermannr, you got a link for that law?

  10. #10
    Regular Member hermannr's Avatar
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    I'm sorry I don't have specific links, except for the other discussion. http://forum.opencarry.org/forums/sh...ted-in-Astoria

    Specifically look at post #19, post #26, and Post # 29. The whole tread is good, but those three address what we are talking about here.

    Law specifically relevant is Astoria Ordenance 5.010, and OR state law 166.173 2009 law http://www.leg.state.or.us/09reg/mea...463.intro.html

    specifically:

    { + (d) A person who is not a resident of this state and who
    is authorized to carry a concealed handgun pursuant to a valid
    license or permit that was issued in another state by a state or
    local law enforcement agency, a court or another issuing
    authority. + }


    the guy in post 29 did a good job of this, but I will reitterate a couple of the points.

    166.173 states "except for a concealed license holder" in other parts of 166, it specifically references a license issued under part 166....BUT! in 166.173, which is the law that specifically allows local goverment restriction of loaded OC there is no reference to the license having to be issued under 166.291-291


    Remember this!!!! Were are only discussing LOADED OC in a restricted city. That is all!!!! The way the whole of 166 is written, the OR CHL is absolutely necessary for CONCEALED carry!!!!

    HOWEVER!!!!

    OR has not made that distinction for OC. It only states a license....the Astoria ordenance actually states.."from a governmental entity", as does Portland's also.

    Every Comment that OR only recognizes it's own CONCEALED license for CONCEALED carry is 100% correct!!!!!! but we are only talking about loaded OC in a restriced city here, not CC,

    Edit to add Astoria 5.010: My bold.

    5.010 Carrying Loaded Firearm Unlawful.
    (A) No person shall knowingly carry a loaded firearm in a park, school ground or public building.
    (B) No person shall knowingly carry a loaded firearm on a public street or in a public place, or in a vehicle under the person's control or in which the person is an occupant.
    (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;

    It says absolutely nothing about a permit issued under 166.291-292, just a lawful authority. (in keeping with the wording in 166.173)
    Last edited by hermannr; 01-15-2012 at 01:18 AM.

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