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Handgun in car in OR - locked container in backseat okay? Login/Join 
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Picture of konata88
posted
I'm trying to find, but yet to be successful, on what is allowed regarding concealed carry for non-residents w/out an OR based CHP/CCW permit.

Upon entering OR, can I keep the holstered weapon in a soft gun case/rug, locking the zipper to a d-ring on the case?

Does the case need to be more robust (ie- like a vault/safe; v-line, nano vault, etc)?

Does the weapon need to be unloaded (no rounds in chamber, no magazines in the container with the gun)?

Does the weapon / case need to be removed from the passenger area and placed in the trunk? And if in the trunk, can it be loaded? OR does it need to be completely unloaded and no magazines in the container?

Basically, just looking for what's allowed / not allowed in OR if I don't have an OR CHP/CCW permit.

This message has been edited. Last edited by: konata88,




"Wrong does not cease to be wrong because the majority share in it." L.Tolstoy
"A government is just a body of people, usually, notably, ungoverned." Shepherd Book
 
Posts: 12712 | Location: In the gilded cage | Registered: December 09, 2007Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
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Posts: 23366 | Location: Florida | Registered: November 07, 2008Reply With QuoteReport This Post
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Picture of konata88
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Thanks.

Double Ugh, legalese and still some ambiguity. Smile

If I'm reading it right, I should be okay with a handgun in a safe in the trunk (sounds like a locked container in the passenger compartment is also okay but a little ambiguous and also may be subject to local laws. Locked in a safe in the trunk sounds like it would be universally okay except for Portland? Portland is confusing so good thing I won't be in that area).

I'll go with:
Locked in a v-line safe in the trunk (safe is bolted to the trunk frame). Clear chamber, no magazine inserted. Rounds in magazine in the safe.

Good to go?

Oh, saw the link about knifes too. Forgot about that. I'm guessing that a Griptilian is okay. Especially the mini-Grip. I'll put a Grip in the safe and carry the mini-Grip. Good to go?




"Wrong does not cease to be wrong because the majority share in it." L.Tolstoy
"A government is just a body of people, usually, notably, ungoverned." Shepherd Book
 
Posts: 12712 | Location: In the gilded cage | Registered: December 09, 2007Reply With QuoteReport This Post
Ignored facts
still exist
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As for the knife, they allow automatic knives in Oregon. Just keep it open carry. And don't go to Washington with it.

Oregon is open carry without preemption. So Open carry is not allowed in about a dozen cities unless you have the permit. You can drive on most (but not all) of the interstate hiway segments with the gun loaded and on your belt in a holster. Just be careful in some of the non open carry cities.

as for how to bring a handgun through the state without a permit, I've not really thought about it. sorry.


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Posts: 10889 | Location: 45 miles from the Pacific Ocean | Registered: February 28, 2003Reply With QuoteReport This Post
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Oregon has no reciprocity with any other state.

You can get an out-of-state CHL here, but it's may issue, not shall issue (residents are shall-issue).

Unloaded, in the trunk is ok.

Oregon has pre-emption, but yes, cities make their own crazy rules anyways. I do not recall Portland being any different with regard to unloaded firearms in vehicles.

Beaverton and Portland have ordinances against automatic knives, but these are more like the push-button type. As far as I know, gravity-assisted knives are ok. Kershaw is here in Tualatin, Benchmade is in Oregon City.
 
Posts: 17733 | Registered: August 12, 2000Reply With QuoteReport This Post
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Picture of konata88
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Thanks for confirming guys. I'll play it safe with unloaded in a safe in the trunk. And carry the mini-Grip.




"Wrong does not cease to be wrong because the majority share in it." L.Tolstoy
"A government is just a body of people, usually, notably, ungoverned." Shepherd Book
 
Posts: 12712 | Location: In the gilded cage | Registered: December 09, 2007Reply With QuoteReport This Post
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Any size/type of non-auto pocket knife is fine. Autos just can't be "concealed." I'm no specific help on firearm rules in a car as I've had a CCW here in OR since the mid-nineties when I moved here. Locked, unloaded in the trunk is overkill, but def. OK.

I'm getting ready for a vacation which includes a few days in CA, so my P225 (with non-scary 8rd mags) will be unloaded and locked in a case for that portion of the trip... Roll Eyes




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Posts: 5043 | Location: Oregon | Registered: October 02, 2005Reply With QuoteReport This Post
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Picture of konata88
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To anyone who knows -- just one quick clarification please, if you can.

From the Oregon Firearms Federation:
Oregon has no State law against carrying a loaded handgun in your car as long as it’s :
(a) Not concealed or
(b) “Not readily accessible.” (If Concealed)
“Not readily accessible" (for now) means:
(4)(a) Except as provided in paragraph (b) 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 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.


If I have a trunk, is it okay for me to transport a handgun in a locked container (assume anything lockable is okay, doesn't need to be 'safe' like) in the passenger compartment? For example, can I keep a handgun, unloaded, loaded magazine removed but all in the same locked container, in the backseat? Seems like it should be okay. Why should a car w/ a trunk be more restrictive than a car without a trunk? Or, as soon as I cross the border, do I need to get out of the car and put everything in the trunk?

There is no subsection above that explicitly addresses (in my limited legalese) keeping a handgun in the passenger compartment that is not readily accessible but the vehicle has a trunk (storage location outside the passenger compartment).




"Wrong does not cease to be wrong because the majority share in it." L.Tolstoy
"A government is just a body of people, usually, notably, ungoverned." Shepherd Book
 
Posts: 12712 | Location: In the gilded cage | Registered: December 09, 2007Reply With QuoteReport This Post
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Picture of Expert308
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My suspicion is that the legislature only included (4)(b) as a bone to the OGA or other pro-gun lobbying organizations when they protested "Hey, what about the poor schmuck who drives a CUV?" to avoid an instant lawsuit, and that their (the legislature's) intent is that if you DO have a trunk, (4)(b) doesn't apply. In that case the answer to your question would be No.

Of course that's just my own cynical take on it, and as far as I know it's never been tested in court. I'd be happy to be wrong on that, but I also wouldn't want to be the test case.
 
Posts: 7260 | Location: Idaho | Registered: February 12, 2007Reply With QuoteReport This Post
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Picture of konata88
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I don't want to be a test case either Smile

Around here (with a much more restrictive 2A environment), I think we're allowed to have a locked container in the passenger compartment (I have a CCW so haven't kept abreast with any changes, if any on laws re: this).

I assume that OR would allow it as well but not sure given the wording I found above (which may be interpreted as not allowed if a trunk is available). Which again, to me, sounds stupid.

I'm just trying to figure out if I need to stop and unload before crossing the border or if I can just put it into a locked container in the backseat while on the road.

ETA: maybe I should find a SO that allows non-resident permits since I intend to explore the rural areas of OR more in the future.




"Wrong does not cease to be wrong because the majority share in it." L.Tolstoy
"A government is just a body of people, usually, notably, ungoverned." Shepherd Book
 
Posts: 12712 | Location: In the gilded cage | Registered: December 09, 2007Reply With QuoteReport This Post
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quote:
ETA: maybe I should find a SO that allows non-resident permits since I intend to explore the rural areas of OR more in the future.

That's probably worth the effort if you're planning more than just a trip or two. I know that one or two SF members (WA residents, IIRC) have gone that route successfully. Maybe they'll pop in here.
 
Posts: 7260 | Location: Idaho | Registered: February 12, 2007Reply With QuoteReport This Post
Crusty old
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Picture of Jimbo54
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We travel into Or. and Ca. often and researched what I needed to do to be compliant. First off, both states have Castle Doctrines in place so you can have a loaded gun in your motel/hotel rooms. I have a lock box that I lock around a rear seat support with a cable that the empty gun goes into and the unloaded 8 rd 1911 mags are in one of the suitcases in the back of our SUV. Don't load the gun till you are in your room.

We don't ever travel to Portland or San Francisco to avoid their crazy ass local restrictions. We're good to go anywhere else though. It seems like a lot of hoops to jump through, but it's worth the peace of mind.

Jim


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Posts: 9791 | Location: The right side of Washington State | Registered: September 14, 2008Reply With QuoteReport This Post
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Picture of konata88
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Thanks Jimbo.

So, it sounds like locked container in the passenger compartment is okay as long as loaded mags are not accessible (ie - in the trunk). If gun and mags need to be separated, I might as well keep it all in the v-line in the trunk. Weird that OR is more restrictive than CA on this.

I know unloaded mags and the gun in the trunk is okay. I can do that, it's just a hassle to reload the mags.

As long as the gun is unloaded, can i keep loaded mags in the safe in the trunk along with the gun? Or should I unload all mags as well?

Seriously, what a pain this is. Stupid, non-intuitive laws that make no sense that varies state to state and no easy way to find state and local laws. Sounds like this has been discussed time and again in the WYD forum. Smile




"Wrong does not cease to be wrong because the majority share in it." L.Tolstoy
"A government is just a body of people, usually, notably, ungoverned." Shepherd Book
 
Posts: 12712 | Location: In the gilded cage | Registered: December 09, 2007Reply With QuoteReport This Post
Conveniently located directly
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here's some fresh information:
https://www.usacarry.com/orego...mit_information.html

and
http://www.oregonfirearms.org/faq

don't forget to access the ORS gun laws code, sorry, don't have the link.

These sources seem to cover most of your inquiries.

Good luck.


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Posts: 9853 | Location: sunny Orygun | Registered: September 27, 2009Reply With QuoteReport This Post
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The once great state of Or. is nothing more than a shithole now.

As someone who loved the state at one time. Will find it very hard to ever go back. At least the NW side.

To bad too.



"Practice like you want to play in the game"
 
Posts: 19155 | Registered: September 21, 2005Reply With QuoteReport This Post
Crusty old
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Picture of Jimbo54
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quote:
Originally posted by old rugged cross:
The once great state of Or. is nothing more than a shithole now.

As someone who loved the state at one time. Will find it very hard to ever go back. At least the NW side.

To bad too.


Actually, most of Oregon is still great to visit with mostly conservative populations. The same can be said for northern Ca. We love going down the coast once or twice a year as far as Eureka Ca. We have friends in Crescent City and you won't a more conservative couple.

Jim


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"If you can't be a good example, then you'll have to be a horrible warning" -Catherine Aird
 
Posts: 9791 | Location: The right side of Washington State | Registered: September 14, 2008Reply With QuoteReport This Post
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Picture of sigcrazy7
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You are overthinking this. Carry it loaded on a belt holster unless you will be traveling through Portland, Beaverton, Tigard, Oregon City, Salem, and Independence.



Demand not that events should happen as you wish; but wish them to happen as they do happen, and you will go on well. -Epictetus
 
Posts: 8212 | Location: Utah | Registered: December 18, 2008Reply With QuoteReport This Post
Smarter than the
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quote:
Originally posted by konata88:

So, it sounds like locked container in the passenger compartment is okay as long as loaded mags are not accessible (ie - in the trunk)...


Your statement above is INCORRECT. According to the language quoted by you above, ie.:

"Oregon has no State law against carrying a loaded handgun in your car as long as it’s :
(a) Not concealed or
(b) “Not readily accessible.” (If Concealed)
“Not readily accessible" (for now) means:
(4)(a) Except as provided in paragraph (b) 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 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.",

if your vehicle has a storage location outside the passenger compartment, as in a trunk, then you cannot have the handgun in the passenger compartment. If you DON'T have a trunk, it is okay to lock it up in the passenger compartment.

That is from a plain reading of the language. Court cases may say otherwise.
 
Posts: 3435 | Location: Baton Rouge, Louisiana | Registered: June 20, 2006Reply With QuoteReport This Post
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Picture of konata88
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I understand but hence my confusion:

1) makes no sense to have different allowances for SUV vs car with trunk. If one allows for passenger compartment, why not all?

2) as written, it's more stupid and restrictive than even CA. Which is somewhat incredulous given CA laws (rosters, no NFA, no flash hiders, blah blah blah).

This may suggest that one can not carry a handgun in a locked container in a backpack while walking around. Again, more restrictive than CA. All while allowing open carry? Crazy.




"Wrong does not cease to be wrong because the majority share in it." L.Tolstoy
"A government is just a body of people, usually, notably, ungoverned." Shepherd Book
 
Posts: 12712 | Location: In the gilded cage | Registered: December 09, 2007Reply With QuoteReport This Post
Smarter than the
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quote:
Originally posted by konata88:
I understand but hence my confusion:

1) makes no sense ...


That is the root of your problem. You are laboring under the misconception that the law has to make sense.

I remind you of the Charles Dickens quote from Oliver Twist:

"If the law supposes that," said Mr. Bumble, squeezing his hat emphatically in both hands, "the law is a ass - a idiot".
 
Posts: 3435 | Location: Baton Rouge, Louisiana | Registered: June 20, 2006Reply With QuoteReport This Post
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