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glibreaper
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| Joined: | Thu Jun 25th, 2009 |
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Posted: Thu Jun 25th, 2009 04:47 pm |
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Phssthpok, if I remove the rounds from the magazine can I replace the empty mag in my gun? I'm going to be at the end of a 200 mile ride and I'm sure I won't feel like arguing with police or being arrested.
--amended--
I read the loaded weapon ban, having an empty mag in the gun looks okay.
Last edited on Thu Jun 25th, 2009 04:50 pm by glibreaper
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Phssthpok
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Posted: Thu Jun 25th, 2009 06:53 pm |
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glibreaper wrote: Phssthpok, if I remove the rounds from the magazine can I replace the empty mag in my gun? I'm going to be at the end of a 200 mile ride and I'm sure I won't feel like arguing with police or being arrested.
--amended--
I read the loaded weapon ban, having an empty mag in the gun looks okay.
At first I thought you to be incorrect. However after reading through the text myself, I find that I must agree with your assessment.
An empty magazine in the firearm is NOT prohibited under Portland's ordinance, and is, therefor, by default, legal.
Doesn't mean you won't have to worry about involved discussions with the Jabbuts though.
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warhammerjr
Regular Member
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Posted: Mon Jul 13th, 2009 07:46 pm |
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Sorry complete newb question here. In salem can I have the loaded mag in my pocket or does it have to be unloaded as well?
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Blacryan
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Posted: Fri Jul 17th, 2009 10:35 pm |
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Prior to getting my CHL when I would OC in Salem, I would take the ammo out put it on 1 pocket, put the mag back in the gun and gun in holster.
Now I dont know if legally I was required too... I did it just incase of any interaction. I can load relatively fast 
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freak21
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Posted: Thu Jul 23rd, 2009 09:33 pm |
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All depends on the cites laws. If I remember right Beaverton and Portland you cant even have ammo on you if you are open carry with out chl.
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warhammerjr
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Posted: Thu Jul 23rd, 2009 10:25 pm |
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Ok I'll probably do that then. Don't want any trouble involving illegally carried firearms. Thanks guys.
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Phssthpok
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Posted: Thu Jul 23rd, 2009 10:55 pm |
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freak21 wrote: All depends on the cites laws. If I remember right Beaverton and Portland you cant even have ammo on you if you are open carry with out chl.
Not true. While the cop was incredulous when he searched me during my 165.540.1(c) incident (COP while searching my pocket: "There's AMMO in here!"..... ME: "Well, DUH!"), there was never a charge levied for the mere possession of loose ammo in my pocket.
So far I've only been able to confirm Portland as the only city which has an ordinance specifically prohibiting possession of a loaded MAGAZINE for a firearm that is in your possession. Having loose ammo is still legal.
Beaverton has, to the best of my research, no such provision.
It is worthy to note, however, that Portland's ordinance probably is unenforceable as it conflicts with state preemption regarding the possession and transportation of ammunition and firearms components....something the state HAS NOT specifically granted governmental subdivisions the authority to do.
Yet.
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Venator
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Posted: Tue Jul 28th, 2009 06:54 pm |
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Phssthpok wrote: glibreaper wrote: Phssthpok, if I remove the rounds from the magazine can I replace the empty mag in my gun? I'm going to be at the end of a 200 mile ride and I'm sure I won't feel like arguing with police or being arrested.
--amended--
I read the loaded weapon ban, having an empty mag in the gun looks okay.
At first I thought you to be incorrect. However after reading through the text myself, I find that I must agree with your assessment.
An empty magazine in the firearm is NOT prohibited under Portland's ordinance, and is, therefor, by default, legal.
Doesn't mean you won't have to worry about involved discussions with the Jabbuts though.
What about speed loaders or strip loaders for revolvers? Do they have to be empty?
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Xader
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| Joined: | Thu Jul 30th, 2009 |
| Location: | Oregon USA |
| Posts: | 67 |
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Posted: Fri Jul 31st, 2009 02:30 am |
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Any chance of having these updated to the OR OC fact sheet?
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FMCDH
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Posted: Mon Aug 3rd, 2009 12:49 am |
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Venator wrote: What about speed loaders or strip loaders for revolvers? Do they have to be empty?
That's unclear by the word of the code, but the intent of the code would probably get you in trouble in a court of law if you were defend on the basis of that argument alone.
I would say, better safe than sorry. Unload your speed loaders until you get a plan of defense in hand by a lawyer, or a written opinion by the city attorney stating that its ok.
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Autonym
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| Joined: | Sat Aug 1st, 2009 |
| Location: | Oregon USA |
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Posted: Fri Aug 7th, 2009 03:24 am |
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All of this confusion is precisely why I applied for my CHL, despite not planning to carry concealed. With a CHL, all of these hassles go away, and you're left with Courthouses, Airport Security Areas, and Federal Land as the only off-limits areas, IIRC.
Costs $65 and some of your time for 4 years of peace of mind.
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Bull Frog
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Posted: Fri Aug 7th, 2009 04:46 am |
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Sounds like Oregon is just as nutty as California. It's your choice: Vote the nuts out of office and change the laws. Or, quit whining.
Bull Frog
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We-the-People
Regular Member
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Posted: Fri Aug 14th, 2009 05:22 am |
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I am SOOOOO Glad I finally found you guys!!!!!
FIRST, I just joined. Found out about OpenCarry.org at a townhall meeting yesterday where the poor gal who approached three of us thought we were all together and when they "attacked" her it took me some convincing to get her to realize I was trying to "discuss" the issues with them.
ANYWAY, glad I found a site that looks like it will fit what I'm seeking. Legal activism in the way of simply exercising my rights. CHL is great for self defense but open carry is the only way to get the message out to ALL the people that IN FACT carrying a firearm is a RIGHT.
This question (CHL exemptions allowing open carry in otherwise exempt areas) has been bugging me since I first laid eyes on the regs. I THOUGHT the "CHL EXEMPT" provisions were tantamount to authorization to carry open in cities which prohibited with local ordinances. Now it seems I've found people that do this regularly.
If I fit in here, I'll be around a lot. I'll warn you now, I type very fast so I tend to get long winded and prolific. Just tell me to calm down if it gets bad. LOL
Semper Fi
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Autonym
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Posted: Fri Aug 14th, 2009 02:13 pm |
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Man, you can't swing a dead cat around without hitting a Marine in here.
Welcome, just the same, 'We-The-People'.
I just recently found this site myself, and have only been carrying for the last week or so. Like yourself, I'm looking to see if this place 'fits' me. So far, the people here are pretty nice.
There's room for disagreement, sure. But that's what makes it interesting.
Where abouts are you from? I've been encouraging people to do non-organized "mini-meet-ups" for coffee or whatever. If you're nearby, maybe we could have a coffee sometime...
We had a larger, organized meet-up just last night at Lacey's Bomber in Milwaukie, and while I had a nice time visiting other people, I think overall our impact was minimal to non-existent, because they put us all in a back room out of the way and separated from all the other customers.
I met "Inspire" for lunch in Newberg earlier this week, and I think we made a larger impact, just the two of us eating bad Chinese food, but doing it unannounced, and right in front of the restaurant. It was a good visit.
Catch ya later,
~Auto
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We-the-People
Regular Member
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Posted: Fri Aug 14th, 2009 08:27 pm |
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I'm from the Medford area (orig ACK Taxifornia).
We don't have to deal with all the Portland/Salem/Eugene "problem" but we do have Ashland. In fact, most everyone I've talked with thinks a walk through Ashland would make an impression.
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bigd_74
Regular Member
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Posted: Fri Aug 21st, 2009 04:50 am |
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Newb here - all good info - thx! I am riding (motorcycle) with some friends on a 6-day trip to & staying in the Cave Junction area, where we will be camping for the weekend. I have a WA CPL but understand that I would need an Oregon equivalent in order to OC in Portland & Salem on my way down there. I normally CC here in WA.
We're heading west from Eugene and following the coast down to Cresent City and coming back up 199 towards Cave Junction. It looks like I will be unloading the magazines & re-boxing the ammo before crossing the WA/OR border until I get through Portland & doing the same in Salem.
Question # 1 - Can I store the gun with empty mags in one saddlebag of the bike (concealed & unloaded) & have the ammunition in the original box in the other saddlebag?
Question # 2 - Can I OC outside of Portland & Salem (& other noted cities/counties in the OP)?
I definitely want the gun while camping (critters and all) for protection. I'm still trying to figure what to do if we take a ride to the Redwoods, being in Cal with their trampling of the 2A.  Especially since I have hi-cap mags for the XD.
Any help on this would be most appreciated. Thx in advance!
Dave~
Last edited on Fri Aug 21st, 2009 04:51 am by bigd_74
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djhawes
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Posted: Fri Aug 21st, 2009 10:00 am |
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| A walk through Ashland? I would pay to be in that walk!
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Strangerer
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Posted: Fri Aug 21st, 2009 09:10 pm |
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I don't have the reference at hand, but, yes, sadly, Beaverton is one more city with an insane "no loaded mag" anti-ordnance ordinance. (Sorry -- sorta -- I couldn't resist.) When I first read it a few years ago, I wasn't sure if it was sloppy wording, or evidence of a really tight pucker.
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Autonym
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Posted: Fri Aug 21st, 2009 09:21 pm |
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I like Portland's ordinance, where it adds a subjective adjective:
It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the firearm.
http://www.portlandonline.com/Auditor/index.cfm?c=28514&a=15437
I never recklessly fail to remove all ammunition from my firearms. I just don't do it.
Last edited on Fri Aug 21st, 2009 09:21 pm by Autonym
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Phssthpok
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Posted: Sat Aug 22nd, 2009 02:45 am |
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Strangerer wrote: I don't have the reference at hand, but, yes, sadly, Beaverton is one more city with an insane "no loaded mag" anti-ordnance ordinance. (Sorry -- sorta -- I couldn't resist.) When I first read it a few years ago, I wasn't sure if it was sloppy wording, or evidence of a really tight pucker.
I stand by what I posted a few comments above:
It is worthy to note, however, that Portland's ordinance probably is unenforceable as it conflicts with state preemption regarding the possession and transportation of ammunition and firearms components....something the state HAS NOT specifically granted governmental subdivisions the authority to do.
Yet. ******************************************
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]
*******************************************
A magazine is NOT a firearm...it is a COMPONENT.
Neither Portland nor Beaverton, nor any other city, county, or municipality has the authority to regulate or prohibit carry of a loaded magazine so long as said magazine is NOT inserted into the firearm, as to do so would be regulating the 'possession, storage, or transportation of firearm components (and) ammunition' . Authorization to do so MUST be EXPRESSLY granted by state statute, which means it would be listed in the ORS's.
It's not.
Such prohibitions on loaded, unattached magazines, IMO, directly conflict with state preemption and are unenforceable.
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