ORS 166.250, Unlawful Possession of Firearms, explains under what circumstances you can and cannot carry a firearm. By the end of this section you should understand when having a concealed handgun license is and is not required when carrying a handgun.
The State of Oregon does not require a business owner to possess a concealed handgun license to carry a handgun concealed while at their place of business. The place of business exception does not apply to any employees of the business, including managers. It only applies to the owners or persons with controlling interest of the business. Additionally, if you are a business owner and have a firearm concealed within your business it cannot be accessible by anyone other than yourself.For an example you can read the Oregon Supreme Court decision, State ofOregon v. Morgan Joel Perry.In this case the defendant, Mr. Perry, an employee at a convenience store, was charged with violation of ORS 166.250, a class A misdemeanor. The defense argued that Perry’s actions fell within the statutory “place of business” exception to the general requirement that persons carrying concealed weapons must have a concealed handgun license. The court did not agree with that argument because Perry was not the owner of the convenience store. Mr. Perry was found guilty.
If Mr. Perry had a CHL, he would not have faced criminal charges, as he would legally have been able to carry concealed.
Open Carry
Traveling in a vehicle with a handgun in plain sight, whether loaded or unloaded, is not illegal under state law, but may be prohibited for non-CHL holders in some cities, such as Portland. Handguns may also be legally carried openly in a belt holster pursuant to state law, but open carry of a loaded firearm may be prohibited for non-CHL holders in some cities or counties. These city or county ordinances which prohibit carrying loaded firearms do not apply to CHL holders. See ORS 166.173.
If you have a CHL, you may openly carry a loaded firearm. The fact that you have a CHL doesn’t require you to conceal the firearm. This is true even in cities where possession of loaded weapons is prohibited. For non-CHL holders, it is legal to travel with a handgun in plain sight, but if the handgun is loaded that may violate some city ordinances.
It is also legal to leave the vehicle and hide the handgun inside to avoid theft. The firearm is not readily accessible and not considered concealed until you reenter the vehicle. It is up to you to remember to place the handgun back into plain sight when you return to your vehicle. A safer alternative would be to keep the firearm in a gun safe inside the vehicle.
Readily Accessible
It is legal to conceal a handgun inside of your vehicle without a CHL if the handgun it is not readily accessible. The handgun is readily accessible if it is within the passenger compartment of the vehicle. If there is no storage outside of the passenger compartment of the vehicle it must be closed and locked inside of a glove compartment, center console or other container that unlocks with a key. The key must not be in the lock. As soon as a key is placed in the lock it is considered readily accessible.
If you are traveling on a motorcycle, all-terrain vehicle or a snowmobile a handgun is not considered readily accessible if it is in a locked container within or affixed to the vehicle or if the handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm.
Recreational Vehicle
If you are using your recreational vehicle as a residence for whatever period of time, you do not need a concealed handgun license to conceal a handgun within that premise. If you are driving a recreational vehicle between destinations the handgun should not be readily accessible and concealed within the driver compartment without a concealed handgun license.
Persons Not Affected by ORS 166.250
ORS 166.260 gives further direction regarding when you do not need a concealed handgun license to have a firearm concealed upon your person or readily accessible while traveling. For example:
-Active or Reserve members of the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or the National Guard while on duty.
– Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 (Unlawful possession of firearms) upon such target ranges, or while going to and from such ranges.
-Licensed hunter or fishermen while engaged in hunting or fishing, or while going to or returning from those activities.
