Have CCL but can I Open Carry?

[Thumb]

Just got my CCL after waiting a whole 13 months for it. No reason for the delay other than I think they lost my application.

Anyway, I was wondering that since I have my CCL now, would it be illegal for me to open carry if i wanted to for certain reasons or just take it out of my holster/pocket while driving(easier to get to if needed).

Oh, I'm in Oregon if that matters.

 

[cougar98332]

if you have your chl then you are golden. oregon is an open carry state. just make sure you familiarize yourself with the state weapons laws.

 

[golddigger14s]

There are some cities in OR that do not permit a loaded gun. Please go to this site for some good info:
Link Removed
There are different rules for when you are in a vehicle.

"Oh, I'm in Oregon if that matters." YES, every state is different. Please go to the OR OC site for good info!

 

[NavyLCDR]

There are some cities in OR that do not permit a loaded gun. Please go to this site for some good info:
Link Removed
There are different rules for when you are in a vehicle.

"Oh, I'm in Oregon if that matters." YES, every state is different. Please go to the OR OC site for good info!

His Oregon Concealed Carry License would exempt him from the local ordinances, according to Oregon State Law:

ORS 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]

So, the short answer is that his CCL actually makes it legal for him to open carry anywhere in Oregon concealed carry is allowed, regardless of city/county ordinances.

 

[Thumb]

Thanks guys. I am aware of some cities that do not allow open carry and that's OK with me, I was just wondering that since I have a CCL, that if I was allowed to open carry legally. What I'm trying to get at I think is that somewhere in the CCL laws I remember reading that you must conceal "completely" your firearm if you are carrying. In other words, no one should be able to see that you are carrying a firearm. Now if I was open carrying and an officer asked if I had a CCL, would that be taken as I did not conceal my weapon? I hope I'm making myself clear on this question.

 

[NavyLCDR]

Thanks guys. I am aware of some cities that do not allow open carry and that's OK with me, I was just wondering that since I have a CCL, that if I was allowed to open carry legally. What I'm trying to get at I think is that somewhere in the CCL laws I remember reading that you must conceal "completely" your firearm if you are carrying. In other words, no one should be able to see that you are carrying a firearm. Now if I was open carrying and an officer asked if I had a CCL, would that be taken as I did not conceal my weapon? I hope I'm making myself clear on this question.

There is no prohibition against openly carrying a firearm just because you have a CCL. The CCL provides you with the legal OPTION to conceal the gun if you choose to. Just like there is no prohibition against riding a bicycle when you get a license to drive a car - it only provides you with the legal OPTION to drive a car if you choose to.

The CCL does not prohibit any action that was legal without it, it only causes more actions to become legal that were not without it.

 

[Thumb]

OK, I understand now and that's what I thought but I wanted to make sure. Just follow the laws no matter which way you carry. I just would hate to get arrested for some technical mistake.

 

[NavyLCDR]

OK, I understand now and that's what I thought but I wanted to make sure. Just follow the laws no matter which way you carry. I just would hate to get arrested for some technical mistake.

The CCL actually protects you against being arrested for technical mistakes. If you are attempting to open carry, but a LEO does not think that it is exposed enough, and tries to arrest you for concealing, the CCL protects you.

If you are attempting to conceal carry or you are just blatantly open carrying in a city or county that has an ordinance against carrying a loaded firearm, and a LEO sees it and thinks you are violating the ordinance, the CCL protects you against that as well because it exempts you from the local ordinance.

 

[BluesStringer]

Certainly, you should read up on Oregon's laws and know them inside and out to the best of your ability. If you just want some practical application information though, check here at MarkedGuardian's YouTube channel. The owner of the channel, Warren, has spent about the last year going throughout the state while open carrying various weapons, but usually not just a handgun. He carries an AR15 at times, a .22 MP5 look-alike, and sometimes wears MOLLE vests and drop-leg tactical holsters. His mission is to draw attention to himself to educate both the general public and law enforcement about what is legal, and how your rights in Oregon are protected (or not, as the case may be) by your legislature and local LE agencies.

Before anyone chimes in to take note of Warren's irritating voice and excited sounding speaking style, he has a speech impediment that he freely admits is off-putting and often taken by LEOs as indicative of an "attitude." But he knows the law, always stays within the law, gives props to LEOs that treat him with respect and by the law, and points out every violation by them that they make. There have been times where he has made LEOs aware that he does indeed have a speech impediment, but the LEOs who have already misunderstood or ignored his perfectly valid arguments because of his voice have rarely, if ever, taken that into consideration as the contact proceeds.

Some people enjoy his videos, some hate 'em. I fall in neither category. I glean what information I can from them and discard what doesn't apply to me in my state. The guy is trying to do good works though. I don't see anything that suggests that he doesn't like cops or that he just enjoys causing trouble. What he enjoys most of all is being able to walk down a street and either be ignored by local LE because he isn't doing anything wrong, or he also seems to enjoy talking with cops as long as they remain friendly and respectful of his rights. Anyway, to the OP, check him out. You will learn a lot about both the law and how it is applied and enforced in Oregon.

Blues

 

[Thumb]

Thanks for the video link. I have seen one or two of his videos before. He does seem a little intimidating but I understand what he is doing and
I don't see anything wrong with it.

 

[Kramer1113]

Off Hand, On Topic, Does anyone know why Florida did away with their Open Carry?
I know we/they did it for a very short time but did away with it.

Old Video
[video]http://thegunwriter.blogs.heraldtribune.com/13462/florida-carry-sues-citrus-county-deputies-over-arrest-of-gun-owner/[/video]

 

[Kramer1113]

OMG- It was Janet Flipin Reno:

Janet Reno, State Attorney for Dade County at the time, called on the legislature to close what she called a loophole in the new statewide carry laws and outright ban Open Carry throughout the state. Having just lost their fight against Shall-Issue concealed carry, the future US Attorney General, a handful of Florida Sheriffs and Police Chiefs, and newspapers statewide went on the offensive to call for a special session of the legislature to close what they dubbed the “Dodge City Loophole”.


NRA lobbyist Marion Hammer initially fought the open carry ban, explaining that allowing state wide open carry was not a loophole but a carefully planned and considered provision of the carry laws. NRA then announced that they would not fight the open carry ban at that time but pick up the issue during the next regular legislative session. The reason given was to delay implementation of open carry provisions while people became accustomed to concealed carry. While in special session over an unrelated tax matter, the legislature added the open carry ban to the agenda and quickly passed the measure.


23 years later, the Open Carry Ban that Janet Reno so skillfully lobbied for still stands in Florida. What has not lasted are the 1987 predictions of gun control advocates. In fact, crime is down dramatically in Florida since carrying a firearm became legal in public. Citiziens lawfully carrying handguns has been proven so effective in reducing violent crime that many in law enforcement have changed their tune on the matter. The "Shall-Issue" concealed carry movement that started in Florida has been so successful that it has spread to most of the country. Nationwide, violent crime is down everywhere that carrying a handgun has become common.

Florida Governer hopeful Rick Scott agrees that Open Carry should be legal in Florida saying “As a member of the NRA and a hunter, I’m a strong supporter of the Second Amendment and I will protect our fundamental right to keep and bear arms. Florida is one of only seven states with wide prohibition on carrying an unconcealed firearm. Repealing the ban on unconcealed or Open Carry will eliminate practical and constitutional problems in Florida.”

Like another Orlando Sentinel writer in 1987, today Mike Thomas still uses hyperbole, distortions, and false imagery of the open carry movement to skew public opinion. Mr. Thomas asserts that your Second Amendment civil rights should not receive the same protections as the rest of the Bill of Rights by using the common false argument that "a badly written letter never killed anyone." Mr. Thomas is obviously not a student of history having forgotten about such publications as "Mein Kampf", "The Communist Manifesto", and "Quotations from Chairman Mao Zedong"; three written works that were used as justification for the deaths of tens of millions of people. They also all advocate a disarmed society.

In America, open carry is now legal in 43 states and no license is required in the majority of them. Even those who once predicted blood in the streets and that people will be afraid of the sight of guns in public have changed their attacks to now just calling open carry silly and Freudian. That is fine by me. We don't ban widely utilized methods of exercising civil rights in this country just because some people think it is silly. It is time for Florida gun owners to come out of the closet and repeal the Janet Reno Open Carry Ban.