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March 30, 2014, 11:49 PM | #1 |
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Traveling with handguns in CA and OR
I'm afraid I know the answer to this but wanted to double check. I'll be making a motorcycle/camping trip from NC to OR/CA and traveling down the coast. I will be traveling by myself and spending many nights camping and riding the gun friendly western states before hitting the Oregon/CA.
Is there a way an American citizen with a CCW can have legal possession of a firearm in these two states. Maybe a special permit or lockbox? These type of trips are reason I got the CCW without really thinking about it. Thanks.
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March 30, 2014, 11:59 PM | #2 |
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You will need to find out if Cali recognizes the CCW from your state. Otherwise your ammo and weapon need to be in two different places on the bike.
In Oregon you need to check as well, but if it is not, Oregon is an open carry state. I was going through Oregon and was told by some troopers that worked with my Dad in Paroles that when I carried there, even as a peace officer, I should keep it in plain view or follow the same as above. ie, keep the ammo and weapon in two places. This info is from when I still lived in Cali, which has been 10+ years, so it may be outdated. Also this info did not come from an attorney or any person like that, just an Oregon state trooper and my knowledge as a retired Cali peace officer. Mel
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March 31, 2014, 12:36 AM | #3 | |
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CA recognizes CCW from nowhere but CA.
While travelling, carry your handguns(s) unloaded (loaded magazines are fine) in a completely enclosing locked case. Hard or soft is fine; ammo may be in that same case. Generally you may load up and carry inside your camp site - but not in the general area, just your personal slice of heaven. CA State Parks are no-carry areas. Quote:
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March 31, 2014, 01:29 AM | #4 | |||
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Quote:
I live in Oregon. If your traveling through Oregon without an Oregon CHL you can only open carry where allowed. Consider that Oregon does not honor any other states CHL and there are plenty of local cities that prohibit open carry, Portland is one of them. However, be aware that recent gun control was passed in Multnomah county that prohibits carrying loaded magazines. sources: http://multnomah.granicus.com/MetaVi...iew=&showpdf=1 http://www.portlandonline.com/auditor/index.cfm?c=28514 Currently at least one other Oregon town is considering the same prohibition, Ashland. A heated debate and campaign from both sides is under way and slated to be voted on in May I think... I'm not certain when your passing through, or how sudden any new law will take effect if passed. Ashland is a popular tourist town due to its Oregon Shakespeare Festival. Quote:
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Always a good reference:http://handgunlaw.us/states/oregon.pdf
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March 31, 2014, 07:24 AM | #5 | |
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Quote:
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March 31, 2014, 08:51 AM | #6 |
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Wow things have changed in Oregon since my Grandfather, TeX Shively died. He used to be a pro gun lobbyist there.
Mel |
March 31, 2014, 10:09 AM | #7 |
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I'm really glad this thread is here; in June the wife and I are taking a roadtrip to E Washington, Walla Walla (the town so nice they named it twice, lol). And we had been planning on visiting some family in NE Nevada first, just so we could drive up E NV and into Idaho, then into Washington, thus avoiding Oregon completely.
After reading this, it would save us a lot of time coming home through Oregon, I guess that will be the plan. |
March 31, 2014, 04:13 PM | #8 |
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I beg pardon; yes, I was referring only to the California segment of the OP's trip.
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March 31, 2014, 05:51 PM | #9 |
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Thank you guys. This is good news. I don't feel the need to full time carry but I do want to feel safe in my campsite. Of course I've been camping for nearly 40 years and can only remember one time I felt uncomfortable.
I knew they were not reciprocating states. I'll read the link on OR laws prior to leaving. Thanks again.
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March 31, 2014, 06:05 PM | #10 |
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I'm almost certain you cannot bring greater than 10rd mags into Cali given that you intend to camp and not merely transit from one state to another.
I believe the law allows you to disassemble them and be legal, but if you go that route, I guarantee the cop who finds them won't know and then you become a statistic. Double-check this with Calguns... but it might be smart to grab a couple 10rd mags and leave your standard-cap's at home. |
April 1, 2014, 12:00 AM | #11 |
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My bad, Librarians post is clear. I did feel it important to mention the county ordinance for Portland, its fairly new and the way its written (IMO) violates 4th amendment rights in that (without a CHL) its also unlawful to refuse to permit a police officer from inspecting said firearm or [loaded] magazine. A routine traffic stop would go terribly wrong to an honest visitor passing through on the way to the coast. A loaded magazine removed from the pistol is treated the same as a loaded pistol, ridiculous.
another link might be of interest: http://www.oregonfirearms.org/chl-ce...ocal-gun-codes oh yeah, most of the Oregon coast campgrounds get reserved full on the weekends months in advance come summer. http://www.reserveamerica.com/unifSearchResults.do
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April 1, 2014, 09:12 AM | #12 | |
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Quote:
I was living in California at the height of their gun grabbing hysteria. It got so that whenever I wanted to go to the range I'd call the local PD to ask about transporting my guns. They didn't know. Seriously. I can't blame them. One day it was ok to have an unloaded gun on the seat. The next day that was a crime. That kind of stuff. I'd end up having to call the DOJ. That was back when they were still answering their phone. The point is that the laws are so convoluted that not even the cops know the law. And a cop who is ignorant of the law can make your day bad in any number of ways if you have a gun and are from out of state. If it were me, I think I'd skip anything in California that required me to carry a gun. But that's just me. At the least, if I were in your shoes, I'd at least try to have a hard copy of the statutes/ordinances that permitted me to carry/how to carry, etc. Be careful and good luck. |
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April 1, 2014, 08:15 PM | #13 |
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Thanks Foghorn, great advice on a copy of the law. I really want to ride Hwy 1 so I'm going to try it. I'll keep it locked away unloaded in my camper until camping.
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April 1, 2014, 08:49 PM | #14 |
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Back in 2010, I moved from OR. back to AZ. I drove down I-5 and I had a "substantial" load of firearms and ammo in the bed of my pick-up.
Actually, it was my whole collection. I had a topper on my truck, so it was covered and neatly packed under tarps. Even though I had my credentials with me, I was a little worried about being stopped for some lame equip. violation and having a new(er) officer give me a hard time over it. I stopped in Sacramento (I call it Crapramento) for the night. I stayed at a Motel 6 and backed up my truck so that the rear of it was pointed at my room door. I left the room drapes open a little so I could keep an eye on it. Anyways, I was glad to make it back to AZ., one of the most gun friendly states in the US. Last edited by 2123; April 1, 2014 at 09:04 PM. |
April 1, 2014, 08:53 PM | #15 |
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Mike, that is a very good idea. If you weapon is unloaded and the ammo and weapon is in different areas, even locked, I doubt that any reasonable cop would give you issue.
I think also if you are pulled over, the less you say the better off you are. I tell them I am carrying, but I am retired LEO from CA. I tell them where it is on me and what it is. Never had an issue, but having a badge helps. In your case, while transporting the best thing to do is keep it unloaded and the ammo and weapon in two different places and if you are pulled over yes and no answers. More than likely if you are pulled over, it will be for speeding, so when asked for license and reg, you are not obligated to tell the officer that you have an unloaded weapon in your vehicle. If they ask if you have a weapon, then tell them you have an unloaded locked weapon. Just be careful and use common sense and you'll be fine. My disclaimer is that I have been gone from CA for 9 years now and things change quickly in that state. I am hesitant to transport some of my weapons, even though they were purchased in CA. Some of my mags and weapons say "For Law Enforcement Only" on them so I could have higher cap mags. Mel
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April 1, 2014, 09:01 PM | #16 |
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I too, am retired LE. When I travel, I always have a gun with me or on me, and I always have my credentials with me as well.
I've never been stopped and given a hard time be it in a vehicle or on foot. It's all about being responsible and not doing anything stupid. |
April 1, 2014, 09:52 PM | #17 |
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searches
regarding getting stopped for a minor violation: do not consent to any searches. Do not interfere with the officer, but make clear that you are not consenting to anything. You'll be safe. Of course, the cop could be a jerk, but most of them know that their searches require consent. My public defender friend says that, believe it or not, most of the folks transporting drugs will consent to a search and most of the people driving a stolen car will admit that it's stolen.
If stopped, provide ID, registration, proof of insurance. Then tell the officer that you'd prefer not to answer questions and you don't consent to any search. |
April 1, 2014, 10:02 PM | #18 |
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Nope don't say anything of the sort. It will raise suspicion and then he will want to search. He will run you every way from Sunday and when that is done they will find probable cause.
The 1000 page plus book is stacked against you so jus give him your license reg and proof of insurance and shut up! Answer yes or no. If he asks an open ended question just give the facts as short and sweet as you can. Yes you can legally cover your butt by saying you will not answer any questions but if you just do that and not say that you are better off. People get in trouble when they give information that wasn't asked for. Like they say on Dragnet, just the facts, ma'am! Mel |
April 1, 2014, 11:42 PM | #19 |
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I've been stopped 3 or 4 times over the many years, while still working and once since having retired.
Not once have I been asked for permission to have my vehicle searched. Just verbal warnings and never had to mention I was in the business. Never been harassed or talked to in a non-courteous manner. From what I have heard from others on various forums, I must be the exception and not the rule. |
April 2, 2014, 01:18 AM | #20 |
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Definitely carry a hard copy of the applicable laws and regulations with you, just in case. Then, disregard anyone's comments who flash a badge when getting pulled over (they get treated VERY differently than the rest of us).
Next, if the police ask to search your vehicle or person, refuse. Say it with me now: 'no unreasonable search or seizure without warrant.' The LEO will then suggest that your refusal means you have something to hide, repeat; 'no unreasonable search or.....' The LEO will then inform you that it will take a really long time to get a warrant and you will be standing there waiting on the side of the road for hours if you want to go that route; repeat 'no unreasonable...' After a fair amount of unwanted harassment and verbal abuse, you will, more than likely be let go with little more than a warning or your rights will be unspeakably violated, and you will have no legal recourse as you have no corroborating witnesses on your side. [things will likely be worse if you have dark skin] Welcome to the United States, and thank you to all the older generations who like to vote and complain, but were unwilling to march in the streets or actually change anything while watching our country spiral downward. Edit-for the record, I'm an angry 'Millennial' voter and I complain just as my parents and grandparents did, I can see the latter two are meaningless so I take part in every protest/march that's in the cause! Last edited by Sierra280; April 2, 2014 at 01:29 AM. |
April 2, 2014, 04:01 PM | #21 |
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I'm new to this forum, so I don't know as of yet, who is active LE or who is retired LE.
What I do know is that both jail house lawyers and internet forum lawyers are about as handy as a big hole in a boat. Be advised to take both with a grain of salt. |
April 2, 2014, 04:04 PM | #22 |
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"and you will have no legal recourse as you have no corroborating witnesses on your side"
Doesn't hurt to use your cell phone to record, then you have a record of what actually went down. There's even a free app from the New Jersey ACLU on the Play Store which will record the encounter and upload it to them, so even if the cop tries to erase it the recording is still in the cloud. https://play.google.com/store/apps/d...unj.policetape |
April 2, 2014, 04:45 PM | #23 |
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Yes......that's a great idea!
Get out your smart phone and start recording the whole incident. Make sure you stick it right in the cop's face and be sure that you narrate the whole time. Be sure that you get his / her badge # while you're at it. If you were hoping for a non-confrontational stop, that'll certainly insure one. |
April 2, 2014, 07:20 PM | #24 |
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OK for the record, I don't flash my badge. Also there is nothing in my states system about my former state employment.
I have said it before, be calm, polite, simple answers and trouble is not likely to find you. Well, unless you have warrants or felonies. Even then 99% of LEOs will be professional. Above all don't volunteer information and they will issue you your ticket to get the revenue and move on to the next person speeding in the trap he is working. Mel |
April 2, 2014, 08:27 PM | #25 |
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WOW! Hope CA isn't that bad! Actually I've driven rental cars there on several occasions from SF north and around San Diego. Never noticed cops behaving differently than around home.
I think I will just obey the traffic laws and behave as normal. Never had a speeding ticket I didn't earn but I've never been rude to a LEM or had one be unreasonable to me. Thanks for the suggestions.
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