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1/14/2017 8:11:35 PM
Posted: 12/18/2005 5:28:05 PM EST
Friend wants to know what the bottom line is on Oregon open carry?

What is the actual law concerning this? Can I LEGALLY carry my handgun and or rifle LEGALLY openly?
Link Posted: 12/18/2005 5:57:50 PM EST
When i researched this subject apperntly its legal to open carry anywhere outside of multnomah county...

would i recomend this.. probably not... but thats what the law stated...

check packing.org

Jess

Link Posted: 12/18/2005 6:37:35 PM EST
[Last Edit: 12/18/2005 6:41:41 PM EST by PromptCritical]
To the best of my knowledge, it's legal everywhere, unless a city prohibits it. Portland and Beaverton prohibit it without a license.



Authority to regulate firearms

166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

(2) Except as expressly authorized by state statute, 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. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]

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 §4; 1999 c.782 §8]





I guess I would have to look at the regulations for a specific city, but there is the law.
Link Posted: 12/18/2005 6:37:41 PM EST
[Last Edit: 12/18/2005 7:09:06 PM EST by GackMan]
It is not addressed in the ORS. So open carry is not illegal.

HOWEVER, there is no state preemption to open carry like CCW. So certain municipalities can/have enacted city laws that effect open carry.


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:
cops, soldiers, ccw holders



So you basically have to research any city or county you plan on carrying open...

Beaverton and Portland both have laws against open carry.


BC 5.08.240 Unlawful Carrying of a Loaded Firearm.
A. No person in a public place shall carry a firearm upon the
person unless all ammunition has been removed from the chamber and
from the cylinder, clip or magazine.
B. Blah blah doesn't apply to cops, soldiers, CCW holders, rent-a-cops, etc.



Edit to add: even if legal... never discount the problems that can be caused by a overly concerned citizen phoning in a "man with a gun" call.
Link Posted: 12/18/2005 6:38:18 PM EST
[Last Edit: 12/18/2005 6:53:19 PM EST by 45glockman]
Packing.org has a good summary of the applicable laws, including the text of Beaverton and Portland's anti open carry bans.

In general, it is legal to open carry. However, both Beaverton and Portland have local ordinaces against the practice. If your friend does not have a CHL he would be ill advised to carry in Portland or Beaverton. If he has a valid Oregon CHL he is protected by state law and language in the Portland/Beaverton ordinances. However, those who choose to carry openly will be stopped and hasseled by the police, who may or may not have a solid understanding of the laws.

I have never looked into the issue of open carrying a rifle versus a handgun...

ETA: Prompt and Gack beat me with their answers. Typing too slow I guess.


Link Posted: 12/18/2005 6:47:11 PM EST
[Last Edit: 12/18/2005 6:48:21 PM EST by PromptCritical]
I still say we should all get CHL's (if we don't already have them) and go Christmas shopping downtown as a group, wearing the biggest handguns we have in holsters in plain sight. Bring copies of the relevent laws so we can tell any whiners or cops that we're completely legal and they should mind theri own business.

<--- Has Chrome Desert Eagle w/ thigh holster.
Link Posted: 12/18/2005 6:49:09 PM EST
Yes, it is legal to open carry a handgun, and I have personally done it before. It was my "Open Carry Social Experiment"...hat
Here's a good place to start:

Oregon Firearm Laws

Here's a couple of my favorites:

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 §4; 1999 c.782 §8]


166.262 Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370. A peace officer may not arrest or charge a person for violating ORS 166.250 (1)(a) or (b) or 166.370 (1) if the person has in the person’s immediate possession a valid license to carry a firearm as provided in ORS 166.291 and 166.292. [1999 c.1040 §5]

So, if your friend has a CHP, he's pretty much good to go. Otherwise, watch out for Beaverton and the Portland/Gresham area. I believe they have local ordinances against it. Other than that, he should be okay. Just watch out for stupid laws such as "Menacing" or "Disorderly Conduct", which can be interpreted any way the officer likes...
Link Posted: 12/18/2005 6:54:21 PM EST
This is how I understand it.

http://www.leg.state.or.us/ors/166.html

1) State Pre-emption is defined in ORS 166.170
2) Counties and Cities may regulate the discharge of firearms per ORS 166.171/172 but such ordinances have a number of exceptions and exemptions.
3) Cities and Counties may regulate the posession of loaded firearms in public places but such ordinances may not apply to:

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

A check of Beaverton's city code specifically states:

5.08.240 Unlawful Carrying of a Loaded Firearm.

A. No person in a public place shall carry a firearm upon the person unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine.

B. Subsection A of this section does not apply to or affect:

1. A law enforcement officer in the performance of official duty.

2. A member of the military in the performance of official duty.

3. A person licensed to carry a concealed handgun.

4. A person authorized to possess a loaded firearm while in or on a public building under ORS 166.370.

5. Any person summoned by any law enforcement officer to assist in making arrests or preserving the peace, while said person so summoned is actually engaged in assisting the officer.

6. A corrections officer while transporting or accompanying an individual convicted of or arrested for an offense and confined in a place of incarceration or detention while outside the confines of the place of incarceration or detention.

7. When authorized by the officer’s employer, a parole and probation officer, as defined in ORS 181.610, may carry a firearm while engaged in official duties if the officer has completed: (1) A firearms training program recognized by the Board on Public Safety Standards and Training; and (2) A psychological screening.

8. An armed private security officer, proprietary security manager or security contractor certified and permitted by the Department of Public Safety Standards and Training to possess a firearm while in the performance of their duties.

C. A person who violates this section commits a Class A misdemeanor. [BC 5.08.240, added by Ordinance No. 4084, 2/7/00]

I have heard that so long as you have your CHL, you're legally untouchable, but will likely find your self arrested at gunpoint in Portland and Beaverton. (I believe both have ordinances) and even if they later find your CHL, the cops will hit you for some charge of terrifying Soccer Moms, or some such.

Cheers
7.62
Link Posted: 12/18/2005 6:55:09 PM EST
I can't believe you guys all responded while I was typing up my reply... I need to type faster or something...h=85%


Edit to add: even if legal... never discount the problems that can be caused by a overly concerned citizen phoning in a "man with a gun" call. hr


That's funny... I'm a "Concerned Citizen", and also "a man with a gun"...
Link Posted: 12/18/2005 6:59:46 PM EST

Originally Posted By PromptCritical:
I still say we should all get CHL's (if we don't already have them) and go Christmas shopping downtown as a group, wearing the biggest handguns we have in holsters in plain sight. Bring copies of the relevent laws so we can tell any whiners or cops that we're completely legal and they should mind theri own business.

<--- Has Chrome Desert Eagle w/ thigh holster.hr


heh! Everyone beat me to the ORS stuff.

I'd probably want to inform LEO's as a courtesy as this would bring countless "man with gun" calls. Remember, we're dealing with numerous Immigrant Intel/Nike weenies and Soccer Moms in Beaverton. Pushing the issue could give a lever to restrict open carry across the state through the legislature. Burdick et-al would love that.

Cheers
7.62
Link Posted: 12/18/2005 7:01:25 PM EST

Originally Posted By PromptCritical:
I still say we should all get CHL's (if we don't already have them) and go Christmas shopping downtown as a group, wearing the biggest handguns we have in holsters in plain sight. Bring copies of the relevent laws so we can tell any whiners or cops that we're completely legal and they should mind theri own business.

<--- Has Chrome Desert Eagle w/ thigh holster.hr


I'd be up for that anytime!!! I've got a nice stainless .357 Magnum that would work just fine...

Just keep in mind, you always run the risk of being detained or arrested until the officers in question get the laws figured out. That's why I always keep a written copy of the law with me any time I open carry. (I've actually had to argue with a police officer over the meaning of a law before, and he actually had to look it up before he realized I was correct. It didn't have to do with open carry, but it's still a good example of something to be cautious about.)
Link Posted: 12/18/2005 7:08:24 PM EST
[Last Edit: 12/18/2005 7:09:51 PM EST by GackMan]

Originally Posted By ConcernedCitizen:
I can't believe you guys all responded while I was typing up my reply... I need to type faster or something...



Edit to add: even if legal... never discount the problems that can be caused by a overly concerned citizen phoning in a "man with a gun" call.



That's funny... I'm a "Concerned Citizen", and also "a man with a gun"...





generally, it is a little old lady...

"there is a man with a gun!"
"what did he do with it? did he point it at anyone? do anything theatening?"
"No, it was in a case, and he put it in the trunk of his car."
"Uh... Ma'am, don't call the police anymore, ok?"

Link Posted: 12/19/2005 12:14:03 AM EST
[Last Edit: 12/19/2005 12:36:36 AM EST by PromptCritical]

Originally Posted By seven-six-two:

Originally Posted By PromptCritical:
I still say we should all get CHL's (if we don't already have them) and go Christmas shopping downtown as a group, wearing the biggest handguns we have in holsters in plain sight. Bring copies of the relevent laws so we can tell any whiners or cops that we're completely legal and they should mind theri own business.

<--- Has Chrome Desert Eagle w/ thigh holster.



heh! Everyone beat me to the ORS stuff.

I'd probably want to inform LEO's as a courtesy as this would bring countless "man with gun" calls. Remember, we're dealing with numerous Immigrant Intel/Nike weenies and Soccer Moms in Beaverton. Pushing the issue could give a lever to restrict open carry across the state through the legislature. Burdick et-al would love that.

Cheers
7.62



What's the point of having rights if you don't exercise them? They might as well ban open carry everywhere since hardly anyone does it, right?

When looking at gun laws, always look at the number of people most affected. Why is there a difference between the legal lengths of rifle and shotgun barrels? Answer: Because there were many people who had carbine rifles with barrels between 16 and 18 inches, but most shotguns were over 18". Handguns were originally included too, but were wisely removed since too many people owned them. You can get away with a lot of shit as long as you limit the number of people you directly piss off.

NFA: Not a "ban", affected very few people = mostly OK
GCA: Not a ban either, "tolerable" restrictions, directly affected few people = OK
FOPA: Made things better for the majority, fucked a very few people = OK
AWB: Affected very few people = OK
.50 Ban: Affected very, very few people = OK

There are a few others that I haven't listed (probably because they haven't directly fucked me), but you get the drift.

If the dems get ahold of .gov again, I fully expect a new law (with no sunset) banning .50 cal centerfire rifles (not just BMG), Kali style AWB including "new" evil features such as lasers, flashlights, forward grips, and NV gear, and probably something equally absurd like banning all black guns because they are "easily concealed at night" or some such shit that I can make up on the spot.

ETA: list of future bans in order of people pissed off:

Stronger AW ban (few people fucked)
Ban on ALL detachable mag semi-auto rifles and shotguns (not reeeaaallly necessary for hunting)
Ban on all semi auto shotguns (who needs to fire that fast anyway? It is a shotgun, afterall)
Ban on all semi auto rifles (one shot is enough for deer right?)
Ban on all detachable mag semi-auto handguns (just too easy to reload and keep killing children)
ATF ruling that revolvers with removable cylinders constitute the above (cause they're experts, right?)
Capacity limit on pump shotguns (hunting regs right?)
Ban on rifles with scopes (Sniper rifles)
Ban on pump shotguns (any decent hunter really needs only one or two shots)
Ban on all handguns (only used by criminals to kill cops. And children. Don't forget about the children.)
Ban on shotguns and rifles (Why not, there's only a few left right? Hunters should use a bow)
Ban on muskets (not usefull for any practical purpose anyhow)
Ban on air guns, airsoft, and potato guns (why not? Everything else is banned)
Ban on blank guns and starter pistols (can easily ba made into a real gun)
Ban on toy guns and anything resembling a gun (guns are scary, people have a right not to be frightened.)
ban on large knives (too many stabbings)
ban on folding knifes (call them switchblades, only criminals use those)
ban on small knives (too concealable)
ban on sharpened sticks (why not, can't sharpen sticks without knives anyway)

"Hey buddy, yo got a permit for that rock?"
Link Posted: 12/19/2005 6:38:33 AM EST
OK, the politcial reality of Oregon is that the state is quickly becoming populated by bliss-ninnys from Kalifornia and doubtless other high cost liberal states. It's also getting full of illegals and Asian immigrants who (unlike those of us who follow the laws of this land) are encouraged by Democrats to register to vote, and for the most part have a "fear" of firearms.

One individual open carrying, isn't a big deal, and if you want to, go for it. The problem is with forcing the issue by doing it in such a large group. You'll make it into a Media Circus, which will be followed by KATU pronouncements of "Something must be done" and long interviews with Ginny Burdick about how it's outrageous this kind of thing can happen, even in in Portland and Beaverton that have local ordinances.

The Soccer-Moms will band together and demand legislation, and you'll find the Legislature passing laws to ban open carry inside any city limit. My bet would be that this kind of legislation would pass through both houses in Oregon, and would then be used to harrass CHL holders who "print".

I know it sucks, but Democracy sucks when you're a minority, and the majority feel like limiting your rights.

Cheers
7.62
Link Posted: 12/19/2005 6:57:32 AM EST
Link Posted: 12/19/2005 7:09:52 AM EST
Not looking for opinion or what would happen.......

ONLY if it is LEGAL OR NOT LEGAL.
Link Posted: 12/19/2005 7:50:59 AM EST
[Last Edit: 12/19/2005 7:58:04 AM EST by pattymcn]

Originally Posted By WS4LIF:
Friend wants to know what the bottom line is on Oregon open carry?

What is the actual law concerning this? Can I LEGALLY carry my handgun and or rifle LEGALLY openly?



Of course you can. Hang on I'll forward you the law. Patty

*ETA* LINK

Firearms carried openly in belt holsters are not considered to be "concealed."

Interesting: It is unlawful to possess a firearm loaded or unloaded in a public building. "Public building" means a hospital, capitol building, a public or private school, college or university, a courthouse, city hall, or residence of any state official and the grounds adjacent to each such building. This restriction does not apply to individuals licensed under Oregon law to carry concealed weapons.
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. This is the pudding that really lights a fire under the brady bunches butts.
Link Posted: 12/19/2005 9:44:27 AM EST
I think that we can summarize:

1) Open Carry is legal unless their is a local city or county ordinance prohibiting loaded firearms.
2) If there is a local ordinance, having a CHL exempts your from that ordinance.

Link Posted: 12/19/2005 9:47:13 AM EST
So can we do an open carry meet? Maybe at the local mall?
Link Posted: 12/19/2005 9:52:33 AM EST

Originally Posted By WS4LIF:
So can we do an open carry meet? Maybe at the local mall?



Sure. I'll be a little late. I'll send some of my other open carry friends down. They'll be wearing the blue uniforms.
Link Posted: 12/19/2005 11:04:59 AM EST
[Last Edit: 12/19/2005 11:11:26 AM EST by GackMan]

Originally Posted By WS4LIF:
Not looking for opinion or what would happen.......

ONLY if it is LEGAL OR NOT LEGAL.



dude... did you miss all the laws that were posted?

It is legal, unless it is illegal in a specific city.

you have to check each individual locality. it is illegal in Beaverton, unless you have a CCW. gotta have a CCW to carry openly in BV.


orgainzing a gathering on private property just to stir the pot might not be a good idea... but hey, feel free to be a test case.



Link Posted: 12/19/2005 11:09:45 AM EST

Originally Posted By WS4LIF:
So can we do an open carry meet? Maybe at the local mall?



I tried to talk Don McIntyr into having a picnic with me in Pioneer Square with our ARs. He's yet to confirm.

Now the Mall might be a bit tricky. It depends upon who owns the mall. A private enterprise or individual can refuse business to an individual for any reason they wish as long as they do not accept public funding.

Patty
Link Posted: 12/19/2005 11:21:29 AM EST
Does it count if half of my face-to-face sales have taken place in Hotel/Mall parking lots?
Link Posted: 12/19/2005 11:34:15 AM EST
[Last Edit: 12/19/2005 11:51:13 AM EST by Glack]
While we are on the subject... What are the laws regarding keeping an AR in your vehicle?
Link Posted: 12/19/2005 11:47:46 AM EST
The problem with open carry is that you run the risk of having some dumb cop point his gun at you. And having some dumb cop pointing his gun at you is just one step shy of some dumb cop accidentally shooting you.

Link Posted: 12/19/2005 2:49:35 PM EST

Originally Posted By Glack:
While we are on the subject... What are the laws regarding keeping an AR in your vehicle?



Click on the link I posted above. The NRA keeps details on each state's laws.
Link Posted: 12/19/2005 2:53:14 PM EST

Originally Posted By WS4LIF:
So can we do an open carry meet? Maybe at the local mall?



Clackamas town center has a "no weapons, legal or illegal allowed" policy. Saw the sign today.

I hate malls.
Link Posted: 12/19/2005 3:46:15 PM EST

Originally Posted By PromptCritical:

Originally Posted By WS4LIF:
So can we do an open carry meet? Maybe at the local mall?



Clackamas town center has a "no weapons, legal or illegal allowed" policy. Saw the sign today.

I hate malls.



No Guns, No Money!!!
Link Posted: 12/19/2005 4:15:39 PM EST

Originally Posted By PromptCritical:
I hate malls.



I only go to Washington Square. They give out free See's candy there.
Link Posted: 12/19/2005 4:50:27 PM EST

Originally Posted By PromptCritical:

Clackamas town center has a "no weapons, legal or illegal allowed" policy. Saw the sign today.

I hate malls.



Lloyd has a sign up for the holiday's. it has the malls rules of propper mall etiquite. First on the list is no weapons even if you have a license. ...I didnt notice it though.

back on task,
I asked a deputy at mult. co sherrifs office if it's legal to open carry, locked and loaded. he said yes. (but not always the wisest idea). my CHL class confused me a little on that and I thougt I read it somewhere that no mag could be in it, I musta been drinking drano again.
Link Posted: 12/19/2005 6:50:54 PM EST

Originally Posted By TaskyZZ:
The problem with open carry is that you run the risk of having some dumb cop point his gun at you. And having some dumb cop pointing his gun at you is just one step shy of some dumb cop accidentally shooting you.




Although I would imagine that were we to have an AR-toting picnic with about 50 participants in Pioneer Square, the "dumb cop" would take one look from his cruiser and tell himself "fuck that"!
Link Posted: 12/19/2005 7:20:47 PM EST
[Last Edit: 12/19/2005 7:21:09 PM EST by NoAim]

Originally Posted By seven-six-two:
Although I would imagine that were we to have an AR-toting picnic with about 50 participants in Pioneer Square, the "dumb cop" would take one look from his cruiser and tell himself "fuck that"!



And then call in the SWAT guys!

"The Freemen are marching on Portland!"
Link Posted: 12/19/2005 7:43:33 PM EST
I suspect any called in "50 men with Assault rifles" would lead to a very "careful" assessment of the situation as opposed to the normal "OK, we have a nutcase with a handgun that probably doesn't work, holed up in this crack house." scenario.

Link Posted: 12/19/2005 7:53:15 PM EST

Originally Posted By seven-six-two:
I suspect any called in "50 49 men and 1 woman with Assault rifles" would lead to a very "careful" assessment of the situation as opposed to the normal "OK, we have a nutcase with a handgun that probably doesn't work, holed up in this crack house." scenario.




Fixed it for you! I wouldn't miss that picnic for the world!
Link Posted: 12/20/2005 11:58:00 AM EST
[Last Edit: 12/20/2005 11:59:38 AM EST by TaskyZZ]
Here is a story along those lines. Some of you may have heard about this a couple months back.

Down here in Albany, my kids go to the Karate For Kids Tae Kwon Do school. The guy who owns the school is really nice guy, owns and operates a shooting range, NRA CHL instructor, and other stuff. Anyway, back to the story, he also teaches Krav Maga at the school.

One day, the Krav Maga class decides to hold their class outside the back of the school because it is very hot insidethe building. They are practicing disarming techniques with two big red fake guns. The guys are all wearing their black class uniforms (T-shirt and sweats) and gloves (small padded ones). Well, my understanding is that some people driving by noticed them back there and called the cops that there was gang fighting with guns in the alleyway.

The local police, Albany's finest :( , show up in force, and surround them from either side. At gun point, they make them all lay on the ground (even some of the particpants' children that were just watching). After seeing what was really going on, instead of apologizing for over reacting, they ticketed every single person out there and cuffed a few of them.

But the instructor of the class says he never felt so scared in his life as to have the local PD pointing guns at him. Even after it was very obvious to the police that they were just holding a self defence class.
Link Posted: 12/20/2005 12:40:38 PM EST
[Last Edit: 12/20/2005 12:40:57 PM EST by Noxspector]
What did they get ticketed for?


Link Posted: 12/20/2005 2:30:00 PM EST
Disturbing the peace or something really dumb like that.

Something like a $500 fine... It ended up that all but the instructor's fine was dropped.
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