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Nathan9493
Regular Member
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Posted: Sun Oct 18th, 2009 04:37 am |
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My family and I are vacationing at Mt. Hood this Christmas, staying in Rhododendron, Or. I am from Washington. I know my CPL is no good down there, so I'll have to OC. I've found the OR code that says I have the right keep my Glock for personal protection in my rental cabin. However I can't find a single thing about transporting my gun to the location.
So my ques. is this. Can I have my gun in my holster, loaded, while driving threw Oregon? Or do I have to have it in a locked case with the mag. unloaded? Recommendations?
Also, is there anything else that might be a NEED-TO-KNOW?
Thanks for your help. 
Last edited on Sun Oct 18th, 2009 04:38 am by Nathan9493
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Phssthpok
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Posted: Sun Oct 18th, 2009 04:05 pm |
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You only need to remove all ammunition from your sidearm and magazine* as you travel through Portland. Once you cross over into Gresham, you're back among the sane and free population of Oregon. Even in Portland there is no requirement to case your sidearm for transport. In fact, it's probably a good idea not to as Oregon's definition of 'concealed' does not include any exceptions for firearms transported in a case.
*Portland's loaded magazine prohibition is arguably in violation of state law, but it's up to the individual if they want to risk/fight that.
Last edited on Sun Oct 18th, 2009 04:06 pm by Phssthpok
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TiP
Regular Member
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Posted: Tue Oct 20th, 2009 07:59 pm |
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Phssthpok wrote: *Portland's loaded magazine prohibition is arguably in violation of state law, but it's up to the individual if they want to risk/fight that.
There are also "loaded magazine prohibitions" in Beaverton and Tigard city ordinances as well. Any word on the legality of these?
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Phssthpok
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Posted: Wed Oct 21st, 2009 01:15 am |
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TiP wrote: Phssthpok wrote: *Portland's loaded magazine prohibition is arguably in violation of state law, but it's up to the individual if they want to risk/fight that.
There are also "loaded magazine prohibitions" in Beaverton and Tigard city ordinances as well. Any word on the legality of these?
I am unaware of any prohibition on a loaded magazine which is NOT attached to the firearm in either of those cities, but such ordinances would be of similar questionable legality as Portland's.
Follow my logic:
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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]
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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]
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Note that nowhere in ORS 166.170 - 176 is there any authorization for a "county, city or other municipal corporation or district" to restrict or prohibit the possession or transportation of ammunition, or magazines (empty or not)...only firearms.
A magazine is NOT a firearm...it is a component, and as such is specifically exempt from regulation by the above mentioned political subdivisions.
IMO, so long as the magazine is not attached to the firearm then neither Portland nor any other political subdivision has any lawful authority to dictate whether it may contain ammunition or not as to do so would be regulating the 'possession' of ammunition, and (firearm) components.
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TiP
Regular Member
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Posted: Thu Oct 22nd, 2009 02:15 am |
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So, to review: A handgun with no magazine inserted, with loaded magazines in the magazine pouch on the front of the holster, but NOT actually inserted into the weapon, should be good, right?
Also, "ordinances that are contrary to this subsection are void", we should assume that only the "loaded magazine prohibition" clause itself is void, and not the whole ordinance? I.E. the ordinance would read the same, except with a line through the language referring to magazines?
I hate to belabor this topic, but it's clearly something that none of us can afford to be wrong about. (Especially ME, for reasons made obvious in another thread.)
Last edited on Thu Oct 22nd, 2009 02:15 am by TiP
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