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FAQ’s. A Gun Owner’s Guide In The Beaver State.

IMPORTANT NOTICE :

DO NOT ASSUME YOU WILL GET ACCURATE INFORMATION FROM LAW ENFORCEMENT, EITHER LOCAL OR FEDERAL. WE HAVE SPOKEN TO ATF AGENTS WHO INSISTED THAT CERTAIN ILLEGAL ACTIVITIES ARE PERFECTLY LEGAL, SUCH AS TRANSFERING A FIREARM ACROSS STATE LINES WITH NO FFL INVOLVEMENT. IF A PERSON FOLLOWED THAT OPINION, THAT PERSON COULD BE SENT TO PRISON.

IF YOU HAVE QUESTIONS ABOUT FEDERAL LAW, CHECK THE LAW, DO NOT TRUST OPINIONS FROM ATF PERSONNEL.

These are some of the questions we’ve received about carrying your self defense tool in Oregon.

The questions are in bold type, just as we received them. So, spelling, or other errors are the complete responsibility of the writer.

Our answers are in italics. Any errors there should be blamed on us.

Please insert all the usual disclaimers about this not being legal advice here:

If you have a question about the law in Oregon, please write us at “off (Insert the “@” sign here) oregonfirearms.org”. To help us reduce spam, please put something in your subject line that identifies your question, like “concealed carry” or “semi-auto ban” instead of just “question” or “help.” And remember, almost any question you may have will be answered in the book “Understanding Oregon’s Gun Laws.”

Special Notice: We probably get more questions about non resident licenses than anything else. (Well not anymore, see above link.) Here’s the lowdown.

If you live in an adjoining state, you may apply for a concealed handgun license. You may apply in any county.

Sheriffs have complete discretion over whether or not to issue these licenses and have shown no eagerness to do it.

Oregon law requires a “compelling business or other legitimate” reason. However, contrary to what some sheriffs seem to think, the law does not require that that business be in the county of issue.

We  suggest you start in Grant County.

On Sept 12 2012, Linn County informed us that they also will issue non- resident CHL’s

__________________________________________________________________

Hi OFF,
I am a Texas resident and plan to drive to Oregon and Washington this fall. I have a TX CHL which covers me through all of the states I plan to drive through and I have a Washington non-resident CHL so I’ll be ok in Washington too. My question is about the proper precautions that I need to take while I am in Oregon. As a “traveler” are there any special provisions that allow me to keep my firearm in my car (if not on my person) while in Oregon? When I cross into the state what should I do with my handgun? And does the same apply to long guns? I have a family member that likes to target shoot and I would not mind bringing one of my rifles along when I visit. Thank you for your help. You have a great site and look forward to hearing back from someone.
Thank you,

Oregon has no prohibition on carrying loaded handguns in your car. But the state DOES allow localities to restrict loaded carry of firearms “in public places” which, oddly enough, includes your car.
If you are in a place like Portland or Oregon City that restricts loaded carry by people who do not have concealed handgun licenses, you may not have a loaded firearm in your vehicle. Furthermore, if it is a handgun, it must be carried openly or “not readily accessible.” That means if you have a trunk it must be there. If you don’t, it can be in a locked glove-box, center console or other locked container and if the container is opened by key, the key cannot be in the container.
Long guns do not have to be “not readily accessible” but if you don’t have a concealed handgun license and you are in a locality that restricts loaded carry it must be unloaded.

I am a gun owner (residing in CT right now) who has a concealed carry permit in Connecticut. I am planning to move to Oregon, because it has the best medical marijuana laws (no “selling” of MM allowed). It has been suggested that if I should get a MM prescription that I would have to give up my concealed carry permit, and would not be allowed to own or possess firearms. What does Oregon law say about this, if anything?

Oregon law says you can have a CHL and guns with an MM card. Our Supreme Court decided this recently. However, Federal law prohibits pot users from owning guns.
There are people here who have both, but at any time (as has already happened) the Feds can swoop in and shut down any MM dispensing facility because they violate federal law.
Dealers have been told if they even suspect you have an MM card to not sell a firearm to you.

I recently just purchased my first handgun and despite my research on state,county, and local gun laws I couldn’t find or understand what is acceptable means of carry in my car. I don’t have my CHL (yet) so what are the correct and legal methods of carrying whilst driving?
Loaded/unloaded, concealed/plain sight?

OREGON has no STATE law against carrying a loaded handgun in your car as long as it is :
a) Not concealed or
b) “Not readily accessible.”<

“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.

However, localities are allowed to regulate loaded firearms in “public places” which now includes your car. This only applies to people without CHL’s.
So you need to check local regulations. In Portland, for example, you may not have a loaded gun anywhere in your car and you may not even have loaded magazines separate from the handgun. It must still, however, be either visible or “not readily accessible.”

I bought my gun at a gun shop and so of course it’s registered in my name. I want to sell it privately, how should I go about making sure it is no longer in my name after the sale?

Thanks,
Elaine

You have no legal obligation to do anything. Private sales are private and are legal as long as you sell to an Oregon resident who is not a prohibited person.
If you want a record that the gun is no longer in your possession, you can have a bill of sale signed by the buyer. If you want the police to have a record of the transfer you MAY but are NOT required to, conduct a background check on the buyer. This costs $10.00 which must be paid by credit card. You contact the state police id unit for this check. The phone number is : 1-800-432-5059

I recently moved to Oregon. My stepfather who passed away about five years ago left me 2 357 pistols, my mother recently moved here to Oregon also and gave them to me, what do I have to do to register them in my name and what other permits do I need to have them when I go to the shooting range.

Tony,

If you buy a gun from a licensed dealer in Oregon, a background check is performed by the Oregon State Police. At that time the make, model, caliber and serial number of the gun is recorded, along with all your personal information. In that sense, the gun has been “registered.”  However, in private transfers, there is no such background check required, although you can conduct one voluntarily if you really think the State Police need your $10.00. This IS NOT required by law unless your transfer takes place at a “gun show.”  So unless you have chosen to conduct the (entirely voluntary) background check, there is no “gun registration” in Oregon.  If you move here with your own guns, or have acquired them from a private party in Oregon, there is no “registration” of any kind and no permits to own or transport. The only “permit” in Oregon is for concealed carry.

Dear OFF

I want to buy a gun from a friend who lives in another state. Is that legal? Is there any paperwork?

Dudley.

Dear Dudley,

Any firearm transfer between two states requires that the gun be sent to a licensed dealer in the state where the recipient lives. The recipient must pick it up from the dealer after undergoing a background check. The only exception is when a gun is “willed” to a person in another state.

I have been told that if I am stopped by a police officer on a routine traffic stop I MUST immediately tell him that I have a CHL and a gun. Is this true?

No. There is no law, statute, administrative rule or ordinance that requires this. Many “instructors” tell their students there is, or that it would be a “courtesy.” But it is NOT required. In fact, we have heard from many people who DID tell police who stopped them that they had a CHL and found themselves dealing with very hostile cops who considered it a threatening gesture. ( Some states, like Ohio DO require this, Oregon does not.)

However, most police don’t know what the law is and many of them believe, mistakenly, that you must tell them. Those police are wrong. To hear two Portland police officers discuss this (right before the first officer on the audio told a person who he stopped that he was going to have his license revoked) click here. The two officers on this audio don’t know what they are talking about. But the the first cop says that the person who he stopped gave him “a lot of lip.” That’s because the person he stopped knew more about the law than the cop did.

I’ve noticed signs at the Portland Airport that say “No Firearms.” There is no exception for license holders noted. Is this legal?
Marv in Milwaukiee.

Good question Marv. The Port of Portland issued an ordinance in 1996 saying “no guns, no exceptions.” This was ordinance 377-R (Of course, this does not apply if you are legally traveling with a firearm and it’s in your checked baggage.)
This obviously was not a reaction to 9/11, since it was written well before that.
The problem is, Oregon law very clearly PROHIBITS the Port of Portland from enacting any such ordinance. When we contacted the Chief of Police of the Port of Portland, Chief Phil Klahn, and asked him (very politely) about this contradiction, he had their lawyer, Barbara Jacobsen call us back  She left a voice message telling us that she had given our name to the Department of Homeland Security. (Insert joke about them here.)
After numerous attempts to get an answer, we finally received a long letter from Jacobsen explaining why she believed the Port had the right to create such an ordinance.
We then forwarded THAT letter to House Representative Wayne Scott. He took it to “Legislative Counsel.”  These are the lawyers for the legislature. They actually write the laws the legislators request.
Their response was pretty straightforward.  In their opinion, the Port of Portland may NOT enact any such ordinance.
Here’s a direct quote from their opinion: “You have asked whether the Port of Portland has the authority to enact regulations prohibiting a person from carrying a firearm in the terminal at the Portland International Airport. The short answer is no.”
We then forwarded their opinion to both Chief Klahn and Barbara Jacobsen. The Chief had advised us to advise you (our supporters) not to carry in the terminal. After reading the opinion of Legislative Counsel, he replied once again that his officers could cite license holders and then they could “have their day in court.” Attorney Jacobsen has not responded at all. Your tax dollars at work.
So, as it stands, the law says you may carry in the terminal. The Port of Portland says you can be arrested if you are obeying the law. Legislative Counsel says the Port of Portland may not enforce this ordinance, and the Port of Portland Police say they don’t care.
Hope this clears everything up. (This issue has been resolved. The Port rescinded its illegal ordinance in August of 2008.)

Hello,
I’m in the USAF and am stationed in Ga, currently in Iraq though. However, my home of record is still Oregon. Which means I still file taxes and vote in Oregon. I did have to get a Georgia drivers license in order to obtain a motorcycle license. My home is in eastern Oregon and when I come home I usually open carry since I don’t need a CHL. I tend to do work on a friend’s ranch and spend a lot of time in the mountains when I’m home. It’s not easy to openly carry in the winter. Plus I always want the ability to bear arms in which ever manner I please as the Constitution of the USA that I swore an oath to allows. Does the law allow for military members in my situation to obtain an Oregon CHL?
Thank you,
James

You may get an Oregon CHL if you own or lease property in Oregon, are registered to vote here or file taxes here.

I’ve looked through all the laws I can find, but can’t find an answer
to this question I have.
Say I’m driving out to the woods to do some target shooting with some
semi-auto rifles. I load up the magazines at home and put them in a
range bag. The rifles go on the back seat, sometimes in a case,
sometimes not.
Is there any prohibition against that?
The reason I ask is I heard on another group that a person in another
state was popped for carrying loaded magazines. Surely that’s not the
case in Oregon?
Anybody know?
Thanks!

Gene

There is no law against carrying loaded magazines. In fact, Oregon has no law against carrying loaded rifles in your car. Localities may restrict loaded carry of firearms by persons without concealed handgun licenses, but only in public places, which your car is not. IMPORTANT UPDATE.THE OREGON COURT OF APPEALS HAS RULED THAT YOUR CAR IS A PUBLIC PLACE AND LOCAL PROHIBITIONS AGAINST OPEN CARRY APPLY IN YOUR CAR!

Is it illegal to have a silencer in Oregon.  It seems like I’ve seen rimfire silencers that were being sold at gun shows in the past.  However, after reading the ORS it seems that this could be illegal after all.  I’d appreciate the full story on this issue.  Thanks.

Steve

The full story is that silencers are regulated by the Federal Government and require BATF approval. Oregon does not ban the possession of silencers, IF, the person in possession has the required federal approval.

Keep in mind, that in order to own one of these devices, you may need permission from you local chief law enforcement agent. Or you can go this route.

I was stopped by a police officer for speeding he looked at my drivers license and then asked me if I was carrying a hand gun I said yes it was in a case in the back seat he then told me I was required by law when being stopped by an officer to immediately tell the officer I had a hand gun in my car. Can you tell me anything about that law and if he is right.
Thank You,
Randy

No he is not right. Nothing in Oregon law requires that you volunteer information about guns you are carrying. Nor are you required to volunteer that you have a concealed handgun license. You must, of course, carry guns in a legal manner. That means if you have a handgun in the car, you must have a CHL, or the handgun must be either unconcealed, or “not readily accessible.” ACCORDING TO AN OREGON APPEALS COURT RULING YOU MAY NOT CARRY OPENLY IN YOUR CAR WITHOUT A PERMIT IF THE GUN IS LOADED AND THE LOCALITY PROHIBITS IT.

Gentlemen,
If I have 6 rifles I would like to advertise for sale in the newspaper or at my gun club would that be considered a gun show? I was told that anywhere 4 or more guns were for sale at one time constitutes a gun show. I live in Oregon.
Thank you,

No. The law says “25 or more guns on site and available for transfer.” You’re fine.

My co-worker recently found a pistol at a very popular sporting goods store off of Johnson Cr. Exit off I-205 in Clackamas, OR that he couldn’t find in his resident state of Washington, and the salesman there refused to sell it to him outright because he was a non-resident.  He instead offered to sell it to him but would ship it to an FFL dealer in Vancouver, WA where he could expect an additional fee.  Is this true or is this possibly a store policy?  If it is a state policy, would that include the sale to a law enforcement officer as well or just civilians?  Thanks.

Federal law prohibits the sale of handguns to non residents. The only exception is when a person has a business in the state where the purchase is being made, and even then that happens rarely.
A dealer can sell a rifle to a person from another state under some circumstances, but handguns must ALWAYS be shipped to a dealer in the state in which the buyer lives.
There are some exceptions for law enforcement, but the gun in question must be intended for use in the cops work.

HELLO,
In my county (Washington County) the sheriff’s website states that one of the requirements for a CHL is, “provide written documentation which demonstrates that you have taken a handgun safety course.” I have become a member at a local handgun range and have taken two courses so far. The classes were Basic Handgun I and II. Do these qualify as the required class for applying for the CHL? At my range there is also a Concealed Weapon’s permit class that is purely
academic which I intend to take but not for a couple of months and I would like to get my CHL asap. If you could offer me some advice, I’d appreciate it.
Thanks,

P.S. Keep up all of the good work!!!

If the class was taught by an NRA certified instructor, or a certified law enforcement instructor they qualify.

Hey guys,
I had another quick question for you.  Here is the situation: I will be 21 in a couple of weeks and want to purchase a handgun.  Obviously I can’t do this until I’m 21 so if my father purchases one for me and gives it to me as a gift, he doesn’t have to register it under his name or anything does he?  I guess I want to clarify that it is illegal to purchase a handgun if you are younger than 21 but it is legal for someone who is less than 21 to own a handgun.  Am I correct?

What makes you think we’re all guys? (Maybe we are, but never assume.)
It is legal to own a handgun if you are younger than 21(but “over 18″). The prohibition is against purchase, not possession.(FFL holders may not sell handguns or handgun ammo to persons under 21)
As for “registration” understand that when a firearm is purchased FROM A FEDERALLY LICENSED DEALER, there is a de facto registration thanks to the “background check.”
However, this does NOT apply to firearms obtained through transfers from private parties. So, if the gun in question was obtained through a private transfer that took place outside of a legally defined “gun show” there is no registration of any kind.
Go to the Oregon Gun Laws link on our web site for the entire law.

I want to buy a gun without the dealer paperwork and background check, since I value my privacy. But since I have lost that freedom at Oregon gun shows what options do I have for finding the kind of gun I am looking for?

First, congratulations in your decision to buy privately. Every time a “registered” gun is privately sold, that means one less gun in the confiscation database, and one more reason why the gun grabbers should worry that their dreams can never come true. A private gun purchase is a patriotic step toward securing freedom.

Second, be assured that a private sale is perfectly legal, as long as the buyer and seller are both Oregon residents not prohibited from purchasing and owning firearms, and the sale takes place in Oregon. The problem is that newspaper want ads and gun range bulletin boards don’t offer much of a selection.

The solution is on the Internet. The major gun sale sites have search tools that let you limit your search by location (so you don’t have to wade through 100 AR-15 listings to find the three for sale in Oregon.) Although dealers also advertise on these sites (and would not be able to offer a private sale) the sites usually tell whether or not the seller is a dealer. Here are some of the options:
1. Go to http://www.auctionarms.com/search/search.cfm click “by location” and enter “OR” on keywords line.
2. Go to http://www.gunbroker.com/auction/SearchForm.asp and select Oregon at lower right (you will need to specify what type of firearm you are looking for, instead of being able to browse all the Oregon firearms.)
3. (A favorite) Go to http://www.gunsamerica.com/ and click “Oregon.” This one normally has several hundred Oregon firearms for sale at any time, with nearly half offered by private sellers who are not FFL-dealers.
4) http://www.northwestfirearms.com/  has also gotten positive response.

OFF,
I have an Indiana CCW. I am moving to Oregon. How can I find out (or do you know) if I will need to go through the Oregon classes when I get there,or can I simply pay the fee, or ????
Your response is greatly appreciated.

The requirement for an Oregon license is that you can demonstrate that you have had some kind of training. This can be something you took in the military or any class by an NRA instructor of which handgun safety was a “component.” If your Indiana license did not require that, you will still need to do it. If that’s the case, let us know, we can often expedite the process for you at no cost. You will need to apply in the county in which you will be living. Although the law is supposed to be uniform, each county handles
applications slightly differently.

Hi.
I have taken the firearms class to get my CCW permit. Pics and fingerprints too.
My instructor mentioned in passing that once one receives their permit, one looses the right to carry openly.
I asked for information where I might find documentation supporting that statement. He was unable to give me any info on that. I asked the lady at the Sheriffs office if
she might know, but she was unaware of any law or regulation pertaining to that question.
I was wondering if you were aware of anything to that effect.
Thanks.
Sincerely,
Kim

Kimberley,
The answer is no. You give up no right to carry openly when you get a CHL.
.

Does a valid Washington State concealed pistol permit allow concealed carry in Oregon? I have searched the internet but have had no luck finding the answer. If you know where I could find the information I would appreciate it.

No it does not.

Oregon allows you to apply for an Oregon license if you live in a bordering state and can show a “compelling business interest” or “other legitimate” reason. Some sheriffs consider “self defense” sufficient.

The sheriffs have discretion which they don’t have if you live in Oregon. If you should choose to apply and meet the criteria, remember you can apply to the sheriff of any county. Some are a lot more friendly than others.

Where could I find info on the oregon laws regarding, weither or not a person with a past felony conviction could own or possess a black powder/muzzleloading rifle, or pistol. Thanks in advance.

This should not be construed as legal advice, for that you need to contact a lawyer, but below are quoted 2 sections of Oregon law that seem to answer your question.
In the first quote (166.210) you see under section (2), the definition of a “firearm.” This would certainly seem to include black powder guns.
In the second quote (166.250) you can see that felons are denied possession of a “firearm.” Since the definition of a “firearm” seems to include black powder and muzzle loaders, it does appear that those are prohibited as well.
It’s dumb, but most laws are.

166.210. As used in ORS 166.250 to 166.270, 166.281, 166.291 to 166.295 and 166.410 to 166.470:
(1) “Antique firearm” means:
(a) Any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898; and
(b) Any replica of any firearm described in paragraph (a) of this subsection if the replica:
(A) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
(B) Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.
(2) “Firearm” means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon.

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, 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 or found guilty, except for insanity under ORS 161.295, of a felony ;
D) Was committed to the Department of Human Services under ORS 426.130; or
(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.

I’m going to to be moving from calif to Oregon next year what do i need to know about bringing my guns into your state? what type of background checks does your state do?

There are NO background checks for guns you already own. You can bring any conventional gun into Oregon with no hassle and no paperwork. (If you own machine guns please contact us for more info.)

If you buy a gun from a federally licensed dealer, there will be the standard federal background check done through the police state police. The police state police will keep a record of your purchase as long as they can. Oregon law says they can keep the info for 5 years. (If you think they’ll destroy the info after 5 years we have bridge we’d like to sell you.)

If you buy a gun at a gun show, the geniuses who vote in Oregon have decided that you must also pass a background check even if you are buying from a private collector. Of course, nothing prevents you from finding a gun you want to buy from a collector at a gun show and making the actual purchase across the street at McDonalds. Oregon gun laws were written by and for idiots.

Welcome to our state.

Thank you for the information that you provided to me about this issue a couple months ago. However,I found this exception in Oregon gunlaw that concerns me and I’m wondering if you can clarify or give me an example of someone arrested for carrying (licensed) on school property who was exonerated.

Here’s the quote:

“166.370 Possession of firearm or dangerous weapon in public
building or court facility; exceptions; discharging firearm at school….

(3) Subsection (1) of this section does not apply to:

(a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment.

(b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.

(c) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.

(d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

(e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.

(f) Possession of a firearm on school property if the firearm:

(A) Is possessed by a person who is not otherwise prohibited from possessing the firearm; and

(B) Is unloaded and locked in a motor vehicle.”

Doesn’t Subsection (3…f…B) (because it is preceded by the word AND) mean that I can only have my gun at a school if I am “not otherwise prohibited” (not a felon, have a valid CHL, etc.) AND the gun is unloaded and locked in my car?

I don’t understand how this means I can have a loaded gun on my person in a school and not be in violation of Oregon law. Can you please tell me that I am incorrect and how this is legal? I want to be able to legally carry to a school, but I can’t get past this.

Awaiting your response.

Thank you.

If you look at subsection “d” you’ll see it appears before fB. It stands alone. License holders are exempt. Obviously this only applies to public schools. Private schools may do as they wish.


Dear Oregon Firearms Federation.
I’ve scoured the Internet along with your website and links
with no results. Hopefully you can help. (Question) If you are an Oregon resident,can you legally purchase an AR-15 in the state Of Oregon. I could not find a list of banned weapons for Oregon like the list our AG has here in California. Thank you.

Oregon has no banned weapons. If you want to buy a machine gun, silencer or what BATF calls “any other weapon” (meaning non conventional firearms) you need Federal approval as well as the approval of your local chief of police. But other than that you can buy and own whatever you want.

I was recently referred to your website by some members of GlockTalk.com when i asked a question regarding where CHL holders could, and could not carry firearms.

I asked the question because some information that came with my application for a CHL contained the following quote:

Possession of a Concealed Handgun License does not authorize you to carry a firearm on any of the following properties:….Any private business or private facility where a condition of being on the premises or facility is that you not possess a firearm.

I was referred to the ORS section 166 which makes no mention or the business having the rights to exclude CHL holders.

After reading the sections thoroughly, i called up Washington County Sheriffs CHL unit, and asked them to clarify for me that it is indeed Oregon Law. The women at the Sheriff’s office told me to look at 166.173, that i would find that provision there. I told her that the provision was for public buildings, and she told me that it covers private business’s too. I should have brought up the point that 166.173 also states that CHL are exempt from that statute, but i figured she really didn’t know what she was talking about.

I am writing you to see if you have heard this before, and find out what i can do to find out the truth. I don’t want to cause too many waves until after i have my permit in hand (still about 2-3 weeks out). But i would like to know where i can, and cannot carry with a CHL.

Any help would be appreciated.

C.

Dear C,

Private property is private property.

The owner of the property can make it a condition of access that you dress only in plaid or wear a bunny suit. (Fortunately, this happens with relative infrequency.)

Thus, a restaurant, home or private hospital CAN tell you you are not allowed in with a firearm.

This, however, then becomes a trespass issue, meaning if you DO go somewhere private with a gun, they can ask you to leave. If you don’t, you are trespassing.

There is nothing else in the law dealing with this issue.

That being said, don’t fall for all the other lies you may be told about where you may and may not be with a gun.

For example, you cannot be barred from any school or school grounds, no matter what anyone tells you.

You can be barred from courts, but you’re free to wander the halls of the Capitol with your (permitted) firearm beneath your coat.

In fact, there is some indication that you are not even barred from the Post Office if you are there for a “lawful purpose.” (Consult your attorney.)

As you know, every dirt bag bureaucrat and his brother is trying to institute restrictions on carry.

That’s why we’re suing the city of Portland and have already gotten the State Fair to back down on their “no guns” policy. Expect more of this crap in the future.

As far as the private property is concerned, we (not being lawyers) would NEVER suggest you do anything that would upset the property owner.

We also would point out that you would probably feel REALLY, REALLY stupid if your gun was in the car when you needed it and why would anyone KNOW you had a gun if you didn’t tell them?

But that’s just our opinion.

I was thinking about trying to get Oregon gun carry laws changed.
In Vermont, “It is lawful to carry a firearm openly or concealed
provided the firearm is not carried with the intent or avowed purpose of injuring a fellow man.” You do not have to get a permit to carry concealed.
Can you give me some ideas on how to go about this?

We introduced this legislation in ’97 and ’99.

In ’97 we were OPPOSED by NRA and “Oregon Gun Owners.” Our bill
got a hearing and a vote in committee where it died on a 3 to 3 vote.

In ’99 the “Gun Lobby” (having been beaten deaf dumb and blind by us) did not openly oppose the bill, but Kevin Mannix, who was in charge of the relevant committee, killed it.

What needs to happen is simply to find a legislator who will sponsor the bill and then go through the very ugly process of forcing a vote in committee.

A letter to talk show host Lars Larson:

Just a question on concealed carry.

A fellow employee who is a Washington resident and has a permit for that side of the river, recently took his class here and applied for an Oregon permit through the Clackamas Sheriffs office. He was denied based on the letter he submitted with his application, stating one of the reasons he wanted the permit was for self defense. I quote “self defense is not a good enough reason”.

I was under the impression that Oregon was a ‘shall issue’ state, meaning that you get the permit if you apply as long as you have done nothing that would exclude you from this ‘right’.

It is a right isn’t it? Something that any citizen would have as long as they were law abiding?

Thanks for your insight and your show!

Lars forwarded your note to me.

If you are an Oregon resident and meet the statutory requirements for a concealed handgun license, the sheriff must, in most cases, issue a license.

However, if you are not a resident the sheriffs have total discretion to approve or deny.

The law also requires that you have a “compelling business interest” in Oregon.

In other words, if you’re not sleeping with the sheriff, forget it.

However, any county can issue the license, so your friend might well be successful by applying in a county not totally controlled by anti-rights radicals.

May I suggest starting in Douglas County.
Douglas County is now saying they will NOT issue. (As of Nov. 2009.)  We recommend Grant County.

OFF,

A short while back I read your report on “Guns in Schools”. Because of that, I was surprised when enclosed with my renewed CHL there was a notice informing me of the federal and state restrictions on carrying concealed handguns.

On the state list was schools.

After re-reading your article, then studying the Oregon Revised Statutes (166.360, 166.370) I came to the conclusion that this notice was incorrect. I plan on visiting with the Sheriff elect Mike Winters (Jackson County) and discussing this notice with him ASAP.

Here is the text of the notice:

NOTICE TO CONCEALED HANDGUN LICENSE HOLDERS

The following information identifies areas restricting the concealment and carry of firearms under federal and state laws. Restrictions are subject to change. It is recommended to check with individual agencies to determine if any further restrictions may apply or have changed.

FEDERAL RESTRICTIONS:

1. Elementary and Secondary Schools
A. Within 1000 feet surrounding the above schools except a permanent resident living within the 1000 foot
surrounding area.

2. Airport property
3. Post offices
4. Federal Facilities owned or leased by the U.S. Government
5. Protected National Wilderness areas
6. Military Reservations
7. Indian Reservations
8. Federal Courthouses
9. Indian Gaming casinos
10. Endangered Species areas

If you have any questions regarding federal restrictions, you can telephone the U.S. Federal Attorney’s Office in Eugene OR at 541-465-6771.

STATE RESTRICTIONS:

1. Courtroom, jury rooms, judge’s chambers or the areas adjacent thereto, to be determined by the presiding judge.
2. Schools
3. Posted private property

If you have any questions regarding state restrictions, you should review Oregon Revised Statutes 166.360 and 166.370. You may also contact your personal attorney for assistance.

Another issue is the third entry on the state list: Posted private property. I could find nothing in the state statutes about this.

I have yet to review all of the federal restrictions, but outside of “federal property” I don’t see how they could apply.

Thank you for your effort to retain my right to bear arms,

Ed
Medford, OR

Ed,

The continued abuses and errors on the part of sheriff’s around Oregon never stops amazing me.

I would very much like a hard copy of the notice you received from the sheriff. If it’s not too much trouble, by mail at box 556 Canby OR 97013 or fax at 503-263-3708.

NOTHING in Oregon law restricts carry in schools by license holders.

This is just a flat out falsehood. If that law existed we would not have had the ugly fight we did in the last session when they tried, and failed, to pass just such a law.

As for a the Federal law, you know, I just wish these clowns could, or would, read.

Federal law DOES prohibit guns on school property. BUT, it again, specifically exempts license holders.

As for private property, my house is private property. Are you banned here?

The only time you’re banned is if the property that is posted specifically bans concealed carry, as we are seeing with more and more hospitals. I’m not even sure that’s legal because I don’t know which hospitals are truly “private” property.

As you know, we’re fighting several different abuses around the state but I’d be happy to add your sheriff to the list if I can get the documentation.

Thanks for the heads up.

I’ve been told by my sheriff that I have to live in my county for six months before I can apply for a concealed handgun license. Is this true?

Yes, this is true if your are a “legal resident alien.” Otherwise it’s another crock. Once again what we are facing are law enforcement agents who cannot read the law. Here’s what it says:

166.291 Issuance of concealed handgun license; application; fees; liability. (1) The sheriff of a county, upon a person’s application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person:

(a)(A) Is a citizen of the United States; or

(B) Is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the Immigration and Naturalization Service the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license;

Ok, that’s A and B. Two different things. Oddly when they first wrote this section they didn’t make that distinction. We complained and said this would be mistakenly applied to US Citizens. Typically, the “gun lobby” disagreed. Fortunately, the committee hearing the bill agreed with us and made it as clear as they could. But still these boneheads can’t get it right.
We have gotten Marion County to back down on this. We’ll go after the others one at a time.


OFF: A friend of mine who has Concealed handgun license in Oregon was told that under state law he could not carry his handgun into a tavern even with the concealed permit. He was told by the owner of the tavern that this law came into effect on October 1 of this year. Is there any truth to this, or is someone trying to blow smoke? The party that told him this said they had a conversation with one of the Police officers in Sandy and that the police officer told them this. I would appreciate any clarification you can give me on this.
Thank you,
Ed

Ed,

This is utter nonsense. There is nothing in Oregon law that prohibits concealed carry in taverns. There is also nothing in Oregon history to indicate that this is a problem.

By the way, some counties are also telling license holders and applicants they can’t carry in churches. This too is bogus.

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