Sunday, September 18, 2011

Oregon Laws


I seem to often see same questions pertaining to lawful carry here or there. I suggest everyone bookmark this pagehttp://www.oregonlaws.org/ . All you have to do is type in a few words into the search and you are ready to rock. That being said I will now post all the laws, that I can find pertaining to guns. I will post short description so you don't get critted with a wall of text. Remember if it's not specifically restricted then it's legal. Keep in mind these are summaries and could have left out important details that could pertain to you.

166.170 State Preemption
http://www.oregonlaws.org/ors/166.170
The state has express authority to restrict gun use, carry, transfers, etc..

166.173 City, County, etc. right to restrict firearms in a public building.
http://www.oregonlaws.org/ors/166.173
These lesser forms of gov can restrict the possession of loaded firearms. CHL holders are exempt.

166.250 Unlawful Possession
http://www.oregonlaws.org/ors/166.250
If your a minor, felon, legally crazy, carrying concealed it's a felony. For minors this doesn't include legally transferred long guns or temporarily loaned to him/her. read more for specifics about vehicles and more.

The Sheriffs Dept shall issue, as a licensed individual you shall have it on you while carrying concealed.

166.350 Unlawful possession ammo
http://www.oregonlaws.org/ors/166.350
Don't use armor piercing ammo in the commission of a felony

166.663 Artificial light from a vehicle.
http://www.oregonlaws.org/ors/166.663
Basically your not allowed to shine spotlights from you car if you have a gun inside. CHL holders are exempt. If the gun is stored or ammo separate then it's ok.

166.370 Possession in a public building
http://www.oregonlaws.org/ors/166.370
Don't carry a loaded firearm IN a public BUILDING unless you have a CHL or a desire to become a resident of the state prison system.

166.380 Examination of firearm
http://www.oregonlaws.org/ors/166.380
A police officer can examine your firearm to determine if it is loaded while in a public building. (Pointless law IMO)

You can't point a weapon at anyone else except for self defense.

If you are asked to leave a private business then leave
There are other gun laws that may pertain to you. Most of them are about how to renew a license or transfer firearms across state lines. I encourage anyone who owns a gun to know all these laws or possibly carry a copy in your vehicle or on your person.

I HIGHLY suggest everyone gets a CHL for the sole purpose of the exemptions it gives you. I also suggest you get Utah's non-resident CHL as well. Utah has reciprocity agreements with 31 other states including Washington State. You also get to carry concealed if the situation calls for it. i.e a SPEC OP to grandma's house to get a taste of her new pie recipe.
Common mis-perceptions
There are NO LAWS in Oregon restricting carrying a gun loaded or unloaded if you have a CHL. Your gun should be loaded or it's an expensive club. Some cities may have restrictions check the above thread on banned cities.

There is no such thing in Oregon as an illegal gun.
http://www.atf.gov/regulations-rulings/regulations/
Some guns are regulated by the Federal government. These are:
1. Machine guns- you pull the trigger once and bullets keep coming
2. SBR- (short barreled rifles) has a stock from the factory, barrel under 16"
3. SBS- (short barreled shotguns) has a stock from the factory, barrels under 18"
4. DD- (destructive device) Anything that goes boom or shoots something that goes boom
5.AOW- (any other weapon) Anything else that can shoot a projectile from a powder actuated system. This includes shotguns that come with a pistol grip from the factory under 18"
6. Silencers
All of these require a 200 dollar tax stamp from the ATF with the exception of the AOW which requires a 5 dollar tax. You have to submit a form to the ATF with the cash and they will do a back round check on you and then send you the stamp. You will most likely be required to pay for the weapon before you apply for the stamp because the seller will have to hold it off the market while your approved. It behooves you then to ensure that you will pass a back round check from the ATF. Finding out if you will is up to you.

Other Facts
Oddly enough rifle caliber weapons without a stock from the factory are considered a pistol and need no special tax stamp.
You can build your own SBRs, SBS, AOW, DD and silencers with an ATF form.
Ronald Regan implemented a ban on machine guns made after 1986. If someone can explain how machine guns made after 1986 are more deadly than ones before you would be king of the world.
You can request a back round check on someone you are selling a gun to privately. If you do I will promptly kick you in the nuts. It's none of their damn business what we do with our property.
Just because you have CHL doesn't mean you have to conceal it. Including in public buildings.
Oregon has no reciprocal concealed weapons license agreements with other states. Meaning we do not honor other states CHLs

The 1986 Firearm Owners Protection Act, the one that banned new machine guns, also allows you free passage through states with more restrictive gun laws than your own and the one you are traveling to. Your weapons just have to be locked up.

I may have missed something but that pretty much covers it. I'll edit if someone comes up with one that seems important to be listed. Again this is not a comprehensive list of Oregon gun laws, just the most important. It is up to you to ensure you are in compliance with local city, county laws. Some cities have banned OC without a CHL.

Know your rights, and NEVER talk to police who are questioning you. Get a lawyer!
http://www.youtube.com/watch?v=6wXkI4t7nuc

Other interesting  laws
ORS 401.198 Seizure of firearms during a state of emergency.
http://www.oregonlaws.org/ors/401.198
Basically says that the authorities cannot take your guns during a state of emergency, and if they due they will have to pay any costs, to you, to get your guns back from them.
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