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robbobbert
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Posted: 5/24/2012 2:23:38 AM
That's what I thought. At least that is what my CHL instructor told me. Stands to reason that he would know.
SMPrider112
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Posted: 5/24/2012 7:00:11 AM
[Last Edit: 5/24/2012 7:05:53 AM by SMPrider112]
Originally Posted By smithc6:
Originally Posted By robbobbert:
Yes, I have a CHL. That's why an AR pistol will work for me.

BTW, the jig is up. I went to the Albany Bi-mart, and the XM193 is now $6.99/box.

Oh well... hopefully somebody else benefitted from it while it lasted. I know I did!


Maybe one of the HTF cops can chime in, and I may be wrong, but I dont think the CHL says it needs to be a pistol does it? I know its a handgun license but arent the terms/regs ambiguous enough that carrying a rifle concealed is ok as long as you have the CHL?


ORS 166.250 unlawful possession of a firearm (the law that pertains to carrying a concealed firearm) says accept as provided under ORS 166.260 The exemptions to unlawful possession of a firearm (having a CHL as well as other exemptions). Looks good to go! The fir
st ORS says it's unlawful to "carry any firearm concealed upon your person" and since the other ORS says "a person who is licensed to carry a concealed handgun" is exempt. I wouldn't make the arrest, as it reads as exempted. Though standard disclaimer, consult an attorney first

However I will add this...do you really wanna A) have to justify to a jury why u were packing around an AR-15 SBR for SD, if u have to use it? Or B) Want yer fancy, expensive weapon tied up in evidence for several months/years while the case is pending? Or getting tossed around, test fired, and possibly damaged while being held? I pack a Glock, granted it will probably get replaced with a loaner by my agency if I'm in a shooting, but if not, I don't wanna be out something nice and expensive either!
robbobbert
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Posted: 5/24/2012 9:27:48 AM
[Last Edit: 5/24/2012 9:34:45 AM by robbobbert]
God forbid I ever have to fire anything in self defense. But if I need to, and me and my family are safe because of it, then they can keep the AR pistol. Money well spent.

But it is definitely a pistol.

I'm not saying I would pack an AR pistol all the time. Once in a while (hiking), I need something that reaches a little further than pistol range. I'm not going to try to conceal the thing under a duster and go shopping at the mini-mall with it!
benjio
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Posted: 5/24/2012 10:03:41 AM
[Last Edit: 5/24/2012 10:05:05 AM by benjio]
This is funny, eh Hobbit? How many threads, no matter what the original subject was, end up asking which knives or firearms are legal to carry concealed...

I carry a Glock cause it works; the fact that I can easily replace it is convenient. I wouldn't hesitate to use a suppressed SBR in defense of myself or family in the home if that's what I had closest, but I'm guessing the courtroom explanation and wait to get it back would suck.
M-60
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Posted: 5/24/2012 10:37:58 PM
[Last Edit: 5/24/2012 10:39:42 PM by M-60]
166.250 Unlawful possession of firearms. (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

(c) Possesses a firearm and:

(A) Is under 18 years of age;

(B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

(ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;

(C) Has been convicted of a felony;

(D) Was committed to the Oregon Health Authority under ORS 426.130;

(E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or

(F) Has been found guilty except for insanity under ORS 161.295 of a felony.

(2) This section does not prohibit:

(a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

(A) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or

(B) Temporarily for hunting, target practice or any other lawful purpose; or

(b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

(3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

(4)(a) Except as provided in paragraphs (b) and (c) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.

(b) If a vehicle, other than a vehicle described in paragraph (c) of this subsection, has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:

(A) The handgun is stored in a closed and locked glove compartment, center console or other container; and

(B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.

(c) If a vehicle is a motorcycle, an all-terrain vehicle or a snowmobile, a handgun is not readily accessible within the meaning of this section if:

(A) The handgun is in a locked container within or affixed to the vehicle; or

(B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm.

(5) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8; 2009 c.499 §1; 2009 c.595 §112; 2009 c.826 §8a; 2011 c.662 §1]

166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect:
(a) Sheriffs, constables, marshals, parole and probation officers, police officers, whether active or honorably retired, or other duly appointed peace officers.

(b) Any person summoned by any such officer to assist in making arrests or preserving the peace, while said person so summoned is actually engaged in assisting the officer.

(c) The possession or transportation by any merchant of unloaded firearms as merchandise.

(d) Active or reserve members of the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the National Guard, when on duty.

(e) Organizations which are by law authorized to purchase or receive weapons described in ORS 166.250 from the United States, or from this state.

(f) Duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their organization.

(g) 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.

(h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
(2) It is an affirmative defense to a charge of violating ORS 166.250 (1)(c)(C) that the person has been granted relief from the disability under ORS 166.274.

(3) Except for persons who are otherwise prohibited from possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS 166.250 does not apply to or affect:

(a) Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 upon such target ranges, or while going to and from such ranges.

(b) Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.

(4) The exceptions listed in subsection (1)(b) to (h) of this section constitute affirmative defenses to a charge of violating ORS 166.250. [Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1; 1995 c.670 §2; 1999 c.1040 §3; 2009 c.316 §2; 2009 c.499 §4]


The Hobbit can correct me if I’m wrong, but I don't see anything in the ORS that says you can't conceal a rifle if you have a CHL.

What say you Hobbit?

Should be a sticky!!! Cape!! STickY!!


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smithc6
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Posted: 5/25/2012 12:53:22 AM
[Last Edit: 5/25/2012 12:53:50 AM by smithc6]
Originally Posted By M-60:
166.250 Unlawful possession of firearms. (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

(c) Possesses a firearm and:

(A) Is under 18 years of age;

(B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

(ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;

(C) Has been convicted of a felony;

(D) Was committed to the Oregon Health Authority under ORS 426.130;

(E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or

(F) Has been found guilty except for insanity under ORS 161.295 of a felony.

(2) This section does not prohibit:

(a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

(A) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or

(B) Temporarily for hunting, target practice or any other lawful purpose; or

(b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

(3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

(4)(a) Except as provided in paragraphs (b) and (c) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.

(b) If a vehicle, other than a vehicle described in paragraph (c) of this subsection, has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:

(A) The handgun is stored in a closed and locked glove compartment, center console or other container; and

(B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.

(c) If a vehicle is a motorcycle, an all-terrain vehicle or a snowmobile, a handgun is not readily accessible within the meaning of this section if:

(A) The handgun is in a locked container within or affixed to the vehicle; or

(B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm.

(5) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8; 2009 c.499 §1; 2009 c.595 §112; 2009 c.826 §8a; 2011 c.662 §1]

166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect:
(a) Sheriffs, constables, marshals, parole and probation officers, police officers, whether active or honorably retired, or other duly appointed peace officers.

(b) Any person summoned by any such officer to assist in making arrests or preserving the peace, while said person so summoned is actually engaged in assisting the officer.

(c) The possession or transportation by any merchant of unloaded firearms as merchandise.

(d) Active or reserve members of the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the National Guard, when on duty.

(e) Organizations which are by law authorized to purchase or receive weapons described in ORS 166.250 from the United States, or from this state.

(f) Duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their organization.

(g) 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.

(h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
(2) It is an affirmative defense to a charge of violating ORS 166.250 (1)(c)(C) that the person has been granted relief from the disability under ORS 166.274.

(3) Except for persons who are otherwise prohibited from possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS 166.250 does not apply to or affect:

(a) Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 upon such target ranges, or while going to and from such ranges.

(b) Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.

(4) The exceptions listed in subsection (1)(b) to (h) of this section constitute affirmative defenses to a charge of violating ORS 166.250. [Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1; 1995 c.670 §2; 1999 c.1040 §3; 2009 c.316 §2; 2009 c.499 §4]


The Hobbit can correct me if I’m wrong, but I don't see anything in the ORS that says you can't conceal a rifle if you have a CHL.

What say you Hobbit?

Should be a sticky!!! Cape!! STickY!!




This is what Im referring to. Ambiguous enough wording in the ORS regulations that if you have a CHL it doesnt say it has to be a handgun...
"F that guy. F his apathetic old man. F everything he holds dear until it's bleeding from the ass and crying into a pillow." ~Evil_ATF on JustinWB
robbobbert
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Posted: 5/25/2012 1:46:02 AM
The wording in the statutes is vague, but the wording of the "concealed handgun license" is not. It mentions "handgun" specifically. I am not an attorney, but I still think in my case, having an AR pistol registered and engraved as such will be a better bet for me to pack. LEO's don't have every word in the ORS's memorized, and if an LEO is dubious about the SBR in my pack, he will err on the side of caution and detain me, and confiscate the SBR. Maybe.

It's all a moot point anyways. My AR pistol will have a shorter OAL than an SBR and that is what I am looking for.

Man, did this thread get derailed. It's all good stuff, anyways.

I think I will call two people I know, one is an attorney with BRD, and the other is a law school grad who is an NRA instructor and an NFA expert. Maybe I'll even send a letter to my friendly local sheriff. If I find out something solid about having a CHL and concealing a loaded rifle or shotgun, I'll start a new thread.

This thread is irrelevant now.
SMPrider112
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Posted: 5/25/2012 6:02:29 AM
It's legal...though yer right we dont have all the ORS's memorized, we do carry pocket ORS books. I know the essentials of common laws I enforce and arrest on. If I'm dealing with something I'm not sure about, I check my book. Nobody wants to make an unlawful arrest and this one is pretty clear that a CHL is an exemption from unlawful possession.
smithc6
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Posted: 5/25/2012 11:29:22 AM
Originally Posted By SMPrider112:
It's legal...though yer right we dont have all the ORS's memorized, we do carry pocket ORS books. I know the essentials of common laws I enforce and arrest on. If I'm dealing with something I'm not sure about, I check my book. Nobody wants to make an unlawful arrest and this one is pretty clear that a CHL is an exemption from unlawful possession.


Thanks for the heads up
"F that guy. F his apathetic old man. F everything he holds dear until it's bleeding from the ass and crying into a pillow." ~Evil_ATF on JustinWB
frogwater
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Posted: 5/25/2012 11:59:36 AM

Originally Posted By SMPrider112:
It's legal...though yer right we dont have all the ORS's memorized, we do carry pocket ORS books. I know the essentials of common laws I enforce and arrest on. If I'm dealing with something I'm not sure about, I check my book. Nobody wants to make an unlawful arrest and this one is pretty clear that a CHL is an exemption from unlawful possession.
Sweet! Now I have two things I'm going to start saving my pennies for.



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