imported post
Glockguy wrote:
Pretty much.... Open carry laws confuse me lol... I guess im just kinda scared how a police officer would react if i was seen OCing, or if im OC'ing in a place i shouldnt and didnt realize it..
I've been open carrying for the past three weeks in and around Eugene/Springfield, and although I haven't had any contact with police officers, some people around me have taken notice. No negative comments yet, one kid asked if I was a cop.
I've carried into three different banks (Oregon Community CU and SELCO CU), stores, the kids' orthodontist, while riding bikes on the bike paths down by the Willamette, and no problems.
I am prepared if I am confronted by a police officer. My cell phone is set as a voice recorder with only two quick button presses, and I have a printout of all the relevant Oregon Revised Statutes from chapter 166 in my pocket at all times when I'm open carrying. I intend to comply with any lawful orders, and although I'm sure I'm going to be scared s#$%less, I'll do my best to remain respectful and helpful to the police officer while still retaining my rights.
Since there's no law specifically allowing open carry, you almost have to connect the dots between the different Statutes to see if you're legal or not. What isn't prohibited is allowed.
I've been meaning to write this out for some time, perhaps to make up a plain english pamplet explaining the laws in case I wanted to explain them to someone. I am not an lawyer, but I think I have it nailed down pretty well.
My interpretation of the Oregon Revised Statutes, chapter 166 (
http://www.leg.state.or.us/ors/166.html) is this:
ORS 166.250 says I can't carry a concealed firearm, and it can't be concealed within a motor vehicle if it is readily accessable to any occupant, but carried openly in a belt holster is NOT considered to be concealed for the purposes of the Statute. I understand this to mean that even while in a vehicle, I can have it in my belt holster. Even if it can't be seen by a police officer at my window, it CANNOT be considered concealed because it is in a holster, not covered!
ORS 166.250 also says felons, mentally ill, children under 18 with juvie records, etc. can't have a gun. Children under 18 may have posession of long guns if given with parent or guardian's consent, and pistols temporarily for lawful purposes. So If I wanted to, I could send my kids walking around town with rifles slung over their shoulders, and it would be legal (as long as they don't violate other laws).
ORS 166.260 tells me I
can carry concealed (it says the concealed prohibition does not apply) if I have a hunting or fishing license, and am going to or from a hunting or fishing expedition.If I'm a member of a gun organization/club, I can carry concealed to and from the club's shooting range. It also says if I have a CHL (which I applied for last week and should have before the end of July) I can carry concealed on my person, or in my vehicle.
ORS 166.370 tells me I cannot carry any firearm in any court facility, public building (including hospitals, city hall, public or private schools, colleges, universities, residence of any state elected official, or ANY building occupied by an "agency of the state or municipal corporation", and the grounds adjacent to the buildings.I take that to mean I can't carry in any city, county, or state government office, including police stations, libraries, etc, and the property up to the public street. If I pick up my kids from school, I have to make sure my handgun is unloaded, and locked in the vehicle. To comply, I unload it and lock it in the glove compartment (It's concealed, but I believe because it's locked, it's not readily accessable), ortrunk.If I am open carrying while riding my bicycle, I cannot ride on the grounds around a public building or school, and must stay in the street or opposite sidewalk. However, when I get my CHL, the ONLY one of these places still prohibited is court facilities, everything else is legal to concealed OR open carry.
ORS 166.170 (preemption) tells me that the State Legislature is the only government entity in the state of Oregon that can pass laws relating to sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or ammunition.
However, ORS 166.171 and .172 allow cities and counties to regulate where firearms may be fired, with exceptions for lawful hunting & self defense.
Here's the one I really dislike:
ORS 166.173 allows cities or counties to make laws prohibiting LOADED firearms in public places, but this does
not apply to people with a CHL. So far the only cities I know of prohibiting loaded firearms are:
The Dalles
Beaverton
Oregon City
Bend
Independence
Salem
Tigard
Portland
The point of Preemption (ORS 166.170) is to keep from having to watch out for a patchwork of gun regulations, but unless you have a CHL, you still have to know city and county laws for possession of loaded firearms. I have heard mentioned that INSIDE your car is not a public place, so you can still have a loaded firearm inside a motor vehicle in those cities without a CHL, but I wouldn't want to be the test case for that
If ever threatened with Disordertly Conduct or Intimidation, ORS Chapter 166 also deals with Disorderly Conduct (166.023-.025) and Intimidation (166.065). Read those statutes and you'll see that peacefully carrying a handgun in an open belt holster cannot possibly fall within the definitions of those laws.
SUMMARY:
Without a CHL, you have to open carry, and can't carry in any "public buildings" or on the property adjacent to them. Watch out for specific cities that ban carrying loaded firearms.
WITH a CHL, you're good to go ANYWHERE in the state, carrying open, or concealed, except "court facilities." Local ordinances against carrying a loaded firearm do not apply to you.
Whether licenced with a CHL or not,watch out for FEDERAL buildings and property (have to check federal laws for those).
Last note: There's one other statute that states you cannot carry a loaded firearm while riding an ATV. I know the legislature is trying to make CHL holders exempt, but that hasn't passed yet.
GlockGuy, did this clear up Oregon law?
Does anyone have any comments, corrections, or arguments or affirmations?
...Orygunner...