AR 15 in Oregon-question

Brendan43

New member
Greetings from next door in Idaho. Maybe someone can answer for me a question. I'm going to a new spot tomorrow that requires me to go out of Idaho and into Oregon and then back into Idaho. Seeing as Oregon is slightly more hippiefied than Idaho (honestly, no offense meant) does anyone know if I can carry my AR. I'd sure hate to get it taken. I tried calling various police agencies in Oregon with promises of call backs all to no avail. I'm a teacher so I can't get in trouble- if I want to keep my job- but I want to use my 2 weeks off to do a little scouting in an area my taxidermist told me about.
Thanks
 
I think you will find that the five round mag limit only applies to game animals, which the coyote is not. Besides if your only passing through it shouldn't matter anyway. I have used the AR platform for the last twenty plus years and never a problem.
 
If you are just driving through keep it cased and keep the Mags sepperate with ammo, I would not worry about it then since unless you get stopped and searched no body has to know any way. BTW you can be searched other than subsequent to arrest, only with a warrant or by giving consent.FWIW
 
While we are one of the most liberal states in the union, it's not necessary to travel with rifle and mags/ammo being separate. The only occasion where you'd need to travel with rifle empty (no ammunition in the rifle) would be on an atv.
 
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I hate to rain on anyone's parade here, but there is some false information being posted.

I dont beleive that you can carry loaded firearms legally in any vehicle, I would certainly check with a law enforcement professional about that one.

As far as hunting with an AR-15 or any other semi-automatic rifle to be "legal" you must not use magazines with a capacity of more than 5 rounds. That goes for ANY animals EXCEPT the western grey squirrel.

Quoted from the regulations; Semiautomatic rifles with a magazine capacity greater than five cartridges prohibited (except for western gray squirrel).

http://www.dfw.state.or.us/resources/hunting/big_game/regulations/2008gamewebnoads.pdf

However, I talked to a local sheriff about this. He said that most officers wouldnt persue charges unless other laws were being violated (ie, shooting road signs, drinking and driving, etc.

Back to the question asked on this post. If you pass through Oregon, you wouldnt have any problems. If you intend on shooting coyotes in Oregon, legally you would need an Oregon Non-res hunting license. If you use your AR for that purpose, Legally you need a 5 round magazine, or even a 30 rounder that has been blocked to only hold 5 rounds IS legal.

Good luck, and share some stories and pictures with us!
 
Is it that Western Gray Squirrel is a game animal under the regs and that the regs apply only to game animals? If that is the case the 5 round mag limit is restrticted to game animals. A yote would not be a game animal under the regs and therefore the limit would not apply. That would be my opinion after reading the regs.

I would not carry a loaded weapon in a vehicle in Oregon. That may well be against relevant statute. The regulation applies to ATVs (mostly for fair chase standards). Of course, Oregon has a very specific amendment to its Constitution that provides for a right to bear arms for personal defense. I believe it is amendment 27. The Oregon Attorney General has issued an opinion on this amendment and it confirms what most second amendment advocates would argue. This solid right to bear arms has caused the game commission some headaches as far as limiting guns (without an apporpriate tag) in the field during elk and deer seasons.

My own opinion suggests that the state cannot limit magazine capacity in guns; at least if challenged in the appellate courts. To my knowledge, no appellate opinions have been rendered on this subject.

In Oregon, our equivalent of the 1st amendment protects fully nude dancing as free speech. If the Oregon Supreme Court inteprets our second amendment equivalent as broadly, I do not think any weapons could be made illegal by the legislature. Then again, this is a state where Gore and Kerry won the day.

Oregon is a strange place. Go to eastern Oregon. There are right thinking people in those parts. Most pickups have a rifle or two in each rack. Then there is the Willamette Valley. In Portland, Salem or Eugene, you could run into a PETA rally on any given saturday.
 
35WD, you are correct about Oregon law pertaining to our right to bear arms. However where the legal loopholes exist are in how the firearms directly relate to hunting or their use in the field. We are protected federally, but the state itself is the ones whom dictate how they can be used in the field and on our prey. Its the same principle as how they can tell us what caliber we can or cannot use on particular animals. As I have been told by law officials the coyote IS a game animal. If it werent why would you need a hunting license to hunt them? SO all laws apply to coyotes as to any other animals. You might have to read a little deeper to understand where the loophole is.
In the Definitions section in the regs look under "unprotected mammals and birds. I quote "However all general hunting regulations and licensing laws still apply, Common unprotected mammals include coyote, badger, gophers, moles, mountain beaver, marmots, porcupine, skunks, cottontails...."

As this law reads, even for those whom hunt jackrabbits, ground squirrels, etc cannot use anything other than 5 round magazines. That I have not talked to law officials about though.

Ok, we have hijacked this guys thread badly. Sorry to original poster.
 
OK, now to confuse you all even more. I went to the hunting small game/trapping section and here is what it says
"As defined on page 11 of the 2007 Big Game Regulations Predatory Animals are coyotes, rabbits, rodents, and feral swine which are or may be destructive to agricultural crops. Therefore these animals have no closed season, bag limit or weapons restriction. "

and here's the link

http://www.dfw.state.or.us/resources/hunting/small_game/

Clear as mud? I'm going to ask a State Trooper that I know and get his opinion on this.
 
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Therefore these animals have no closed season, bag limit or weapons restriction. "



There it is in writing. No jury will convict with that as evidence. The 5-round semi-auto rifle restriction is for game animals, else a 10-22 would be illegal to carry varmint shooting (and it's not).
 
Let us draw some fine lines here, just for the hey of it.

The law is not evidence, althought the Oregon Game Synopsis might be. Throw in the idea that the state is not estopped by a representation or statement of its agent and you have that mind boggling conundrum that makes for an appeal.

The state has the ability, despite the 2nd and 14th amendments to the US Constitution, and Oregon's own version of the second amendment, to regulate how its game is taken. Keep in mind that the King has always owned the game. However, those rules do not impact the traditional 2nd amendment arguments about the militia and self-defense. What the state cannot do, at least in my opinon,is regulate what gun you may carry and when. This is why the Oregon AG has indicated, ableit not officialy, that gun free zones around schools may not be constitutional.

That does not stop the state from attempting to regulate on issues already pre-empted by the second amendment and Oregon's verison of the same. That does not mean that the attempted regulation will pass constitutional muster. The Oregon Supreme Court, aS well as the SCOTUS regularly declares such attempts as unconstitutional.

Regulating what gun you may carry and the amount of ammunition it may hold seems constitutionally problematic. For a state to regulate how its game is taken seems legitimate, at least in our present understanding of the law. If you factor in what Hamilton understood to be the essential meaning of the 9th and 10th amendments, we have another debate. For those interested, you might want to read the last three essays of the Federalist Papers. Do not pass up numbers 10 and 46 either. You will not be dissappointed with the time spent. Our founding fathers were absolutely brilliant. I only wish we could say the same for the present day crop of aspirants.
 
Navy gunner is right, the regs clearly state that except for western grays, firearms should be five rds.
Would there be a problem with your ar and a larger mag? No probably not, just use five rds or less, ... unless your attacked by a roving pack of zombie killer yodies, ... five should be plenty. blue
 
The 5-round semi-auto restriction is found only in the Oregon big-game regulations, which you are not required to be familiar with unless you intend to hunt big game. That set of regulations also has minimum caliber requirements for firearms used for hunting game animals. I assume if the magazine restiction applies, the minimum caliber restriction would also, eh?
The big game regulations don't apply unless you're hunting a big gmae specises (plus the western grey squirrel they throw in there as a "confusion factor") /ubbthreads/images/graemlins/wink.gif
 
Wow- I didn't mean to open that can of worms! I've already been, got skunked,( actually too much snow,forgot chains, had to turn around) and come home. I brought my single shot savage mod 12 LRPV in 22-250. Single shot- even the biggest, tofu munching, Beatles worshipping, hairy armpitted lesbian cop would be hard pressed to harass me over that.
 
Wellllll...back to the original question.

Sorry to rain on your parade Navy, but I am former l.e. and you're wrong about carrying a firearm in a vehicle. The place to look is ORS 166.250 if you're interested. Sub b makes the only mention of vehicles and it pertains only to concealed carry. In a case in the trunk, in the rack or lying open on the backseat is not concealed. Unless you want to stick your favorite ar down your pants you'll be fine Brendan.



166.250 Unlawful possession of firearms. (1) Except as otherwise provided in this section, ORS 166.260, 166.270, 166.274, 166.280, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:

(a) Carries any firearm concealed upon the person, without having a license to carry the firearm as provided in ORS 166.291 and 166.292;

(b) Carries concealed and readily accessible to the person within any vehicle which is under the person's control or direction any handgun, without having a license to carry such firearm as provided in ORS 166.291 and 166.292; or

(c) Possesses a firearm and:

(A) Is under 18 years of age;

(B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

(ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;

(C) Has been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony;

(D) Was committed to the Mental Health and Developmental Disability Services Division under ORS 426.130; or

(E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness.

(2) This section does not prohibit:

(a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

(A) Other than a handgun, if the firearm was transferred to the minor by the minor's parent or guardian or by another person with the consent of the minor's parent or guardian; or

(B) Temporarily for hunting, target practice or any other lawful purpose; or

(b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person's place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person's place of residence or place of business is required of any such citizen. As used in this subsection, "residence" includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

(3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.
 
I should have added that it would be wise to check with local municipalities, cities, counties, etc. where you expect to travel as they can and have implemented local ordinances that are stricter than state ors. Case in point would be Multnomah county on the west side (liberal den of snakes) /ubbthreads/images/graemlins/grin.gif.

You're probably o.k. on the east side but a phone call never hurts. /ubbthreads/images/graemlins/grinning-smiley-003.gif
 
RGraff, thanks for that lil bit of information. I dont see any mention of a loaded firearm in that though, which I think was one of the questions asked. I believe in most cases it is safer to carry a empty firearm anywho, so why bother with the legal issues.

As far as the game laws in question goes, many good points have been brought up which leads me to beleive that MOST of us (including myself) need to learn our rules and laws better (it is the right thing to do anyway). I am more confused now than I was before. However, its not a question of "if" a court would convict you. It is a question of "if" you want your hunt interupted, guns and possibly vehicle confiscated, and get your life turned upside down spending possibly years in court defending your constitutional right? I think the extra 15-25 rounds arent worth it to me. It would be enough to get a cops foot in your door and maybe find something else they could sink their teeth into.

I guess that we shouldnt sweat the petty stuff so much but instead pet the sweaty stuff.
 
Here in Idaho, I've had normal conversations with cops and fish and game people with weapons right on my front seat and even handguns hanging outta my pockets- They've never said a thing- I have a concealed carry but have never been asked for it. As I go from stand to stand, I'll just throw my stuff on the front seat and move along- never been a problem.
 
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