CCW In Oregon calling Lonnie and any others!

Status
Not open for further replies.
C

Cougfan2

Member
Joined
Aug 7, 2007
Messages
1,731
Location
Portland, OR
I have read the Oregon statutes on CCW and am still confused. They seem to conflict themselves in places. My main question is where EXACTLY is concealed carry prohibited if one has a valid Oregon CHL? It's pretty clear it is prohibited in any courthouse or jail, but after that it gets confusing.

What about other public buildings? My wife works for Washington County in the property taxation and assessment division. Her building is adjacent to, but not attached to the court house and city jail across the street and to my knowledge has no court of PD offices in it. Am I legal to carry there?

I am also pretty sure I am legal to carry on public school grounds unless asked to leave and I don't comply, but I am not so clear on public colleges and Universities.

Any help unfogging my mind on these issues would be appreciated.
 
Solo Flyer

Exactly my point. The statutes seem to be murky about public buildings and which are off limits and which are not. My initial post was referring to exactly the link you posted and the info contained therein.
 
Cougfan2,after re-rereading the Statutes I can see where some ambiguity may appear particularly regarding newer buildings,ones under construction,etc.
I wish I could be more helpful with the bureaucratic maze of Oregons Statutes.
Perhaps Lonnie Wilson or other knowledgeable area posters can chip in.

Here's a printout.

Oregon Must Notify Officer: No
Wildlife Management
Areas State/National Forests State Parks Road Side Rests
NO Admin Rule 6290250050
NO Admin Rule 6290250050
YES Admin Rule7360100040
YES 166.37
166.370 Possession of firearm or dangerous weapon in public building or court facility;
exceptions; discharging firearm at school.
(1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used
as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C
felony.
(2)(a) Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally
possesses:
www.handgunlaw.us 19
(A) A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who
intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement
officer.
(B) A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a
law enforcement officer or to immediately remove it from the court facility. A person who fails to
comply with this subparagraph is guilty, upon conviction, of a Class C felony.
(b) The presiding judge of a judicial district may enter an order permitting the possession of specified
weapons in a court facility.
(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.
(d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
(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.
(4) The exceptions listed in subsection (3)(b) to (f) of this section constitute affirmative defenses to a
charge of violating subsection (1) of this section.
ORS 166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless
the context requires otherwise:
(1) "Capitol building" means the Capitol, the State Office Building, the State Library Building, the
Labor and Industries Building, the State Transportation Building, the Agriculture Building or the
Public Service Building and includes any new buildings which may be constructed on the same
grounds as an addition to the group of buildings listed in this subsection.
(2) "Court facility" means a courthouse or that portion of any other building occupied by a circuit
court, the Court of Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel
related to the operations of those courts, or in which activities related to the operations of those courts
take place.
(3) "Loaded firearm" means:
(a) A breechloading
firearm in which there is an unexpended cartridge or shell in or attached to the
firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.
(4) "Public building" means a hospital, a capitol building, a public or private school, as defined in ORS
339.315, a college or university, a city hall or the residence of any state official elected by the state at
large, and the grounds adjacent to each such building. The term also includes that portion of any other
www.handgunlaw.us 20
building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405,
other than a court facility.
 
To compound issues, there are places that ARE legal (schools and airports for example) with a CHL, yet the admins write it as verboten in their rules and some of the cops think it's law, causing mass hassle.
Kevin Starett at OFF has some useful info and is very knowledgable and active on the Oregon CHL front if you haven't been there: http://www.oregonfirearms.org/
 
Jackson co. Sheriff's dept said they would provide me with a list of "off limit" places when I applied and never did.
Not that the people guarding those places even *know* themselves...
 
Far enough away from Portland to keep from going insane but close enough to allow me to commute there every day for work :)
 
Laws are ALWAYS confusing. One thing to always remember though is that you will often see the following phrase:

If the person intentionally...

This is your god-send. Should you ever find yourself in a situation where you unknowingly and - UNINTENTIONALLY - brought a concealed weapon into a place where it was prohibited and you are discovered, your plan of action should probably include a horrified look and the phrase, "Oh my God! I would never intentionally bring a firearm a place I wasn't supposed to." Now, this may not get you out of a court appointment and you may very well lose your weapon for a period of time, BUT it would greatly help you when you are in court, as they cannot (theoretically) prosecute you under a felony statute, as you did not break the law knowingly.

So, if you read these rules, and you interpret them to the best of your ability, and you have proof that you asked around, (like internet and law enforcement) and you STILL couldn't get a clear answer, you did nothing wrong and you can PROVE that.
 
Public Buildings, Not courthouses, are allowed to carry loaded firearms in IF you have a CHL issued.
Click to expand...
Yup.someone with an OR CHL is listed as exempt from the law about public buildings.see below, from the law, as quoted by Solo Flyer. Same for schools. you'll see CHL holders are again excempt. An OR CHL holder is allowed to carry anywhere except courthouses, jails, prisons, secure areas of airports, and, obviously, all places prohibited by federal law (P.O., federal buildings, etc.) Thats it. Legally, you are fine anyplce except those few, if you have an OR CHL.

Public building:
(1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used
as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C
felony.
.
.
(3) Subsection (1) of this section does not apply to:
.
.
(d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.


School:
(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.
(4) The exceptions listed in subsection (3)(b) to (f) of this section constitute affirmative defenses to a
charge of violating subsection (1) of this section.


(4) is the key for schools. the "exceptions" are sections (3)(b) thru (f). note that (d) from the "public building" section above, falls into that range of exceptions, which says you are exempt if you have an OR CHL
 
Last edited:
It’s not that hard to break it down

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:


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

Ok this look at subsection (1)

(1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.
 
This is your god-send. Should you ever find yourself in a situation where you unknowingly and - UNINTENTIONALLY - brought a concealed weapon into a place where it was prohibited and you are discovered, your plan of action should probably include a horrified look and the phrase, "Oh my God! I would never intentionally bring a firearm a place I wasn't supposed to."

This happened to me and I was sweating bullets (no pun intended) for a while. I had gone to, of all places, the Washington Co. jail to renew my permit. The last time I had gone there to renew they had a deputy there and a row of lockers where you could stow your weapon or other vaulables before you passed the checkpoint. So I walk in and see there are no lockers this time, but don't think anything about it. The lady behind the desk smiles at me and I said "I'm here to renew my carry permit, where do I check my weapon. You could have raked her eyes off with a stick! :what: She quietly informed me that I was lucky there wasn't a deputy around or I might be arrested. She really cut me a break and I about faced and took my pistol back to the parking garage across the street and locked it in the trunk. WHeeeeeeeeeeeeeeew!!! :eek:
 
As has already been implied,

colleges and universities are legal.

That said, they often have student codes of conduct that say you'll be disciplined (read: expelled) if you are caught with a concealed weapon, so students with a permit need to take that into account, and carry with extreme concealment.
 
She really cut me a break and I about faced and took my pistol back to the parking garage across the street and locked it in the trunk. WHeeeeeeeeeeeeeeew!!!
Click to expand...
Every time I have to do that I always have the image of having to do an about face back into the PD when I get to my vehicle afterwards and tell them a gun was stolen from my vehicle while I was inside. :barf: It's probably one of the least likely places for vehicle break-ins but you never know, especially if someone sees you unholster and leave.
 
This happened to me and I was sweating bullets (no pun intended) for a while. I had gone to, of all places, the Washington Co. jail to renew my permit. The last time I had gone there to renew they had a deputy there and a row of lockers where you could stow your weapon or other vaulables before you passed the checkpoint. So I walk in and see there are no lockers this time, but don't think anything about it. The lady behind the desk smiles at me and I said "I'm here to renew my carry permit, where do I check my weapon. You could have raked her eyes off with a stick! She quietly informed me that I was lucky there wasn't a deputy around or I might be arrested. She really cut me a break and I about faced and took my pistol back to the parking garage across the street and locked it in the trunk. WHeeeeeeeeeeeeeeew!!!
Click to expand...

May need Lonnie to chime in on this, as I'm not finding what I'm looking for.

I recall reading at some point, somehwere, that the law just said you cant carry into secure areas of a jail, prison, or police station. If true, then the main "business" section would actually be legal (by still probly not a great idea, I'll admit). I say that, because I sepcifically remember the word "secure" for some reason. If they had meant the whole thing, why bother with that word, right? But, Reading through the firearms sections of the ORS, I actually cant find anything about jails, prisons or police stations at all. Just courtroms, and all the stuff about "public buildings" and schools inr ORS 166.370, for which they say CHL holders are exempt. So, now I'm wondering what the details on the police station thing are. Where am I getting the "secure" thing from? also, Anyone know what section the law on this is in, as I'm not seeing anything at all, and I went thru all of ORS 166, which I thought was all the gun laws, along with DD's, and some other somewhat related stuff. Anyone know where to find it? It's bugging me about where I got the "secure" idea from, and, if there is anything about jails, pripolice stations, etc, unless I'm missing it in ORS 166, it must be elsewhere, which makes me wonder if there's anything else in the section where it is I need to know (which I dont think there is, but now I wonder since I cant find the jails thing. Anybody know?




I plan to keep looking, and will update if I find it, for others if interested.

Also, for Simpleguy (I'm not ripping on you, just offering this as info, since you seemed unsure)
with Oregon the basics are this: Don't carry in a federal building, courthouse or a police station. Everything else is a-okay......the only other exclusion may be our capital buildings.
Click to expand...

The capitol building, falls under the same thing as "public building" in ORS 166.370. Check this out.In 166.360 "Definitions for ORS 166.360 to 166.380.", they define "capitol building as:

(1) “Capitol building” means the Capitol, the State Office Building, the State Library Building, the Labor and Industries Building, the State Transportation Building, the Agriculture Building or the Public Service Building and includes any new buildings which may be constructed on the same grounds as an addition to the group of buildings listed in this subsection.

also in ORS 166.360 they define "public building as:

4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.

So, all the places listed in the definition for "capitol building", are also defined as falling under a "public building", which, in ORS 166.370, CHL holders are exempted. So, you actually can carry in the capitol building (but again, probly not a great idea regardless)

I'll agree the way it's all written can be a bit of a tangle, and kinda confusing for us non--legal types, but compared to other states, especially those with more "off limits" places, OR CHL laws are simple to decipher by comparasin.Be thankfull OR has such great laws/restrictions on carrying guns, concealed and open (great being the lack of there being many at all).

For such a "liberal"/Dem controlled and populated state (yes, I know east of the mountains is very different, just like it is in WA, but the vast majority of the people are here to the west, so I mean in general/percentage-wise) in all other respects, we do have some really sweet carry laws, that are pretty hard for any other state to claim thiers are better, since we have so few restrictions, especially that schools, colleges, bars, etc arent banned, which is common even in states who also have very good carry laws, plus we are shall issue, and the license is cheap on top of it, and we dont have any laws that give "no guns" signs any force at all, which is also pretty common elsewhere.And we get NFA toys too.Gotta say, for gun laws, I'm lovin' Oregon.:) Plus, I like having only 3 million people too, even with 90% of them packed into like 20% of the land. If we could just do something about the rain/clouds, OR would be like heaven.:D
 
in regards to the police station/jail thing, I also see not mention of it at all in OFF Kevin Starrett's book "Understanding Oregon's Gun Laws", in the section on prohibited places.
Again, it only mentions secure areas of airports, and courthouses as being the only places that CHL holders are prohibited (not counting federal buildings, as we all know from federal law, and the ever pupular debate on Post offices, which OR has no law against, but may be prohibited under federal law.) Curious....


also, that is a book I highly recommend for people in OR. It's really great. Well
worth the price, which I recall wasnt much.


ETA:eek:h, and of course, no guns when you're on a 4 wheeler or snowmobile, either, kept forgetting to include those, but they are more "prohibited activities" than "prohibited places". Still a pretty freaking dumb law, either way.
 
Status
Not open for further replies.

Similar threads

C
  • Locked
Oregon carry questions
Replies
3
Views
573
Robert inOregon
R
G
  • Locked
(OR) Oregon University System Sued over Anti-Gun Policy
Replies
11
Views
821
clubsoda22
C
G
  • Locked
legal to carry a stungun in Oregon?
Replies
1
Views
284
Strand
S
E
  • Locked
Nevada CCW, Reciprocity and Firearm Purchase Questions
Replies
6
Views
685
mdrisc85
mdrisc85
K
  • Locked
Carrying a firearm in a courthouse
2 3
Replies
50
Views
2K
oldcop1971
O
Back
Top