Oregon Open Carry - Revisited

U

USP45usp

Moderator
Just a heads up. Oregon State law does not ban open carry. Many people emailed and posted that maybe, just maybe, cities can ban open carry. I just pulled this off the Oregon State Statues:

"No county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition,
transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition."

No wonder the Sheriff thought I was stupid when I asked this question. He did ask WHY I felt the need to carry a gun; I asked him the same and he just mumbled "whatever floats your boat". I have found that it's almost impossible to get the Sheriff or the AG to answer any specific questions. I've just became a member of one of the local shooting ranges and asked them to clarify this:

"It is unlawful to carry concealed upon the person or concealed about one's person in
a vehicle any firearm unless one has a license to carry a concealed weapon.
Exceptions to the above prohibition are:

5. Members of a shooting club while at a range or going to and from a range."

I asked three diff. people: Sheriff, AG, and local DA. I got three diff. answers. Sheriff said that if I said I was going (or coming) and had my membership card, No Problem and that I could stop along the way. AG said that was TO and FROM only with no stops and the local DA had no idea if he could bring you up on charges or not.

I then complicated matters further when I asked: (this coincides with the paragraph above about unlawful carry)

6. Licensed hunters or fishermen, while engaged in hunting or fishing or going to and
from a hunting or fishing expedition."

I asked the same three people. I just recieved my fishing license and, by throwing a pole and tackle box into the back of my car, am constantly on a fishing expedition. Same thing, three different answsers.

All in all, the finally question to me was, "why do you want to make trouble?" I don't want to make trouble, I'm just a law abiding citizen, who wants to remain lawful but at the same time wants to ensure that I remain alive. I know, stupid concept, but I like it.

USP45usp
 
You got me curious, since I love Oregon's southern coastal area. Might make it my home when I retire. Anyway, regarding CCW, is Oregon a "may" issue or "shall/will" issue state. Have you ever investigated what hoops you have to jump through legally to carry concealed?

I do remember when CA had legal open carry. That was until the Black Panthers started doing it, then Gov. Reagan banned it.

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Just one of the Good Guys
 
Good Guy:

Oregon is a shall issue. A $35 "safety class", which is a one hour lecture/question and answer period (No test) is part one. I understand that proof of military service may be substituted for the class. The second part is a county background check, which costs $65. The CHL is good for 2 years, with a $50 renewal every 2 years thereafter.


USP45usp:

The best thing is just to get a CHL. It's a good insurance policy, even if it is probably unconstitutional.

There is a growing pro-gun sentiment in Oregon. Over half of us are reported to be gun owners, although I suspect it is more.

Our local media has a liberal bias (surprised?). This is evident in both print and broadcast. However, I think some people are getting tired of it because it is so blatantly obvious.

In my opinion, it is not worth the potential hassle to open-carry. The reason I feel this way is because the wrong cop coupled with the wrong judge can make your life pure living hell. With a little effort, they could pin a charge on you that would prevent you from obtaining a CHL. At that point, you would be obliged to appeal, and that takes money. If you want to go that route, and are willing to risk losing the right to carry in order to make a statement, then you are a brave man...and I mean that sincerely. Personally, I'd just wait out the CHL process and use whatever loopholes you need to until then.

I'd like to suggest that you join the Oregon chapter of the Tyranny Response Team. They are a grassroots organization.

Here's a link to their national website:
http://www.trteam.com/

Here's a link to the Oregon site:
http://www.clatskanie.com/trtoregon/

Also, consider supporting the Oregon Firearms Federation. The link is in my signature. Kevin Starrett is tied to Gun Owners of America, and is a no-compromise guy. He sends out email alerts, and is frequently at our state capitol lobbying for the rights of gun owners. The liberals can't stand him! He's awesome, and his sister Mary has a radio show on truetalk 800am. You can listen to it webcast if you are out of range. Go here and click on the 800am logo on the top right side of the screen. She's on from 2pm to 4pm weekdays:
http://www.kpdq.com

Take it easy, and I hope that book I sent you was of some help.

Longshot

------------------
NRA/GOA/SAF/USMC

Oregon residents please support the Oregon Firearms Federation, our only "No compromise" gun lobby. http://www.oregonfirearms.org

[This message has been edited by Longshot (edited August 13, 2000).]
 
USP45usp, you are indeed, "trying to make trouble." You are, to the politicians and bureaucrats, a "troublemaker" because, horror-of-horrors, you actually believe in the Constitution! Shame on you!

J.B.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR> Just a heads up. Oregon State law does not ban open carry. Many people emailed and posted that maybe, just maybe, cities can ban open carry.

"No county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition,
transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition." [/quote]

Sorry USP45usp, I am afraid you are incorrect. A couple of paragraphs below the statute you quote above is this statute:

ORS 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. [1995 s.s. c.1 s.4; 1999 c.782 s.8]


Which means that cities can and do restrict open carry. (It is understood by authorities that the possession of a concealed handgun license provides for concealed carry only and does not authorize open carry.)

In the city of Portland for example, the open carry of a loaded firearm is prohibited. The following section of city code was retrieved from http://ordlink.com/codes/portland/index.htm

14.32.010 Carrying or Discharge of Firearms.
(Amended by Ord. No. 165441, May 13, 1992.)
A. As used in this Chapter, "firearm" means a pistol, revolver, gun, rifle, or other ordnance, including a miniature weapon, which projects a missile or shot by force of gunpowder or any other explosive, by spring or by compressed air.
B. It is unlawful for any person to carry a firearm, loaded or unloaded, upon one's person in a park, school, or public building.
C. It is unlawful for any person on a public street or in a public place to carry a firearm upon his person, or in a vehicle under his control or in which he is an occupant, unless all ammunition has been removed from the chamber and from the cylinder, clip, or magazine.
D. It is unlawful for any person to fire or discharge a firearm within the boundaries of the City.
E. The prohibitions in Subsections (b), (c), and (d) of this Section do not apply to a peace officer acting within the scope of his duty; to any government employee authorized or required by his employment or office to carry or use firearms; or to any person having a valid permit issued to him by lawful authority to carry or use firearms.
F. It is unlawful for any person carrying a firearm upon his person, or in a vehicle under his control or in which he is an occupant, to refuse to permit a peace officer to inspect that firearm after the peace officer has identified himself as such.
G. The prohibition in Subsection (d) of this Section does not apply to:
1. Any person justified in using deadly physical force under the provisions of ORS 161.195 to 161.275.
2. The member or guest of any licensed organization who, for the purpose of shooting practice, discharges a firearm at a target upon an established target range of that organization;
3. A person conducting an athletic contest who fires blank ammunition toward the sky;
4. Members of the armed forces firing blank ammunition at military ceremonies;
5. Persons authorized by permit of the Chief of Police to discharge blank ammunition for a lawful purpose; or
6. Hunter safety instructors of the Oregon State Game Commission or their pupils who are engaged in hunter safety training classes sponsored by the Commission.

So, in short, be careful where you open carry in Oregon. Better check with local police departments wherever you intend to go. Otherwise, good luck :)

tstr




[This message has been edited by tstr (edited August 14, 2000).]
 
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