Oregon Concealed Handgun License: Frequently asked Questions

Oregon Concealed Handgun License FAQ's 

What do I do if I move? If you move within your County, please contact your county office or check their website for instructions.  If you no longer have residency in your county of application (see ORS 166.291 for the definition), you must apply to the County Sheriff of your new residence address to transfer your CHL.  There is typically a $15.00 fee for this transfer.  The expiration date of your CHL will remain the same.  If you move out of state, consult the regulating agency where you are residing.

Does the License allow me to carry any weapon?No.  This is a Concealed Handgun License.  See ORS 166.210(4) for the definition of a handgun.

Are there places I can't carry my handgun concealed? Yes.  There are several locations in which you cannot carry a firearm, even with a carry permit, including:

Federal Facilities - federal courthouses, social security offices, secured areas of airports, airplanes. Posted private property where the owner prohibits firearms possession, and others. National forests marked or posted with signs prohibiting all firearms. Indian reservations or property - you may not carry a firearm concealed without the written permission of the tribal judge; this may also apply to certain casinos on tribal lands. Courts - in a courtroom, jury room, judge's chambers, or adjacent areas that the presiding judge determines should be free of firearms to ensure the safety of litigants, court personnel witnesses, and others. PLEASE NOTE:  If you plan to carry your handgun, it is important to research the requirements at these locations before you go.  Learn more at ORS 166.370 Where do I find Oregon Concealed Handgun law?Oregon concealed handgun law can be found at:  http://oregonconcealedtraining.com/oregon-gun-laws-conceal-carry-ors-166-291/ How long is a CHL valid?Four years from date of issue.  However, an arrest or criminal activity involvement is cause of revocation . What are the application requirements? There are three requirements: 1.  County Residency* 2.  Proof of Competency 3.  Pass a criminal background check            *residency is defined in ORS 166.291 What is the cost to apply for a Concealed Handgun License (CHL)? - New License - $65.00  - Renewal License within County - $50.00 - Address change or replacement within County - $15.00 Where can I get an application for a Concealed Handgun License? Applications are usually available from the sheriff office, or on-line at the county sheriff website. What would disqualify me from obtaining a CHL? Please review the requirements for obtaining a CHL .  If you do not meet the requirements, you would be disqualified.  If you have a unique situation, you should call the CHL Unit to discuss your particular circumstances.  Otherwise, the requirements are that you must: Be a US citizen, or a legal alien who can document continuous residency in the United States for at least six months and has declared, in wirting, to the INS your intent to acquire citizenship (Form N400). Be at least 21 years old. Have no legal condition that would prohibit you from possessing a firearm under either Oregon or Federal law. Have no outstanding warrants for your arrest. Not have been dishonorably discharged from the Armed Services. Not be an unlawful user of, or addicted to, a controlled substance. Not be on any form of pre-trial release. Not be required to register as a sex offender in any state. Not have been convicted of a misdemeanor, or found guilty of a misdemeanor withing four years prior to application  Not be subject to a citation issued under ORS 163.735 or an order issued under ORS 30.866, 107.700 to 107.723 or 163.738 (e.g. Stalking or Restraining Orders). Demonstrate handgun competency.  For military veterans, this can be accomplished by presenting a DD214 that specifies handgun training.  For all others, this can be accomplished by presenting a certificate of completion from a handgun safety course taught by an NRA instructor. How will I know if my application was denied or revoked? If your CHL is denied or revoked, you will be sent a certified letter advising you of that fact and the reason for the denial/revocation. If your CHL is denied or revoked, you will be sent a certified letter advising you of that fact and the reason for the denial/revocation. What would cause my CHL to be revoked?In essence, anything that would cause you to be denied a license when you initially applied would cause your CHL to be revoked.  Examples would include:  new arrests where you are on a form of pre-trial release, conviction of a misdemeanor, or being named as the respondent of a restraining order that's in effect.  Please call if you have a concern in this area. If my CHL application is denied or my CHL is revoked, can I appeal? ORS provides an appeal process for denials and revocations through the filing of a petition through Circuit Court.  You have 30 days from the date you receive the revocation letter to appeal the decision.  For additional information, refer to ORS 166.293(5). I am a veteran with a DD214; does that satisfy the competency requirement for my application? Maybe.  If your DD214 specifically states the words pistol or handgun training, it would satisfy the requirement.  Words such as 'small arms' or 'marksmanship' alone will not fulfill the statutory wording. What type of identification do I need to bring?You must bring two pieces of current ID: One must have a current photo (e.g. Oregon Driver's License). The second piece of ID does not have to be a photo ID, however, it must be current (have an expiration date, include your name, and not be expired). New applicants must also bring: Proof of competency (e.g. NRA Certificate) Completed Reference Sheet How do I satisfy the competency requirement?  Please do not apply until you have met the competency requirement in one of the following ways: • Complete a hunters' safety course approved by the Department of Fish and Wildlife or similar agency, if handgun training was a component of the course. • Completion of any firearm safety or training course available to the general public offered by law enforcement, a community college or private or public institution or organization, or firearms training school, if the instructors were certified by the NRA or a law enforcement agency and if the course had a handgun safety component. • Complete a handgun safety class taught by an NRA certified instructor. Certification or card issued must be presented at the time of your scheduled appointment. • Completion of any law enforcement firearms safety offered for security guards or other law enforcement officers. Certification must be presented at your scheduled appointment. • Provide a copy of your DD214 if it indicates you have been trained with a handgun, sidearm or pistol. If your DD214 does not indicate handgun training, we will be unable to accept this as proof of your competency. • Present evidence of equivalent experience with a handgun through participation in organized shooting competition or military experience. Which county should I apply in if I am not a resident of Oregon          Statutes mandate that as a non-resident you must live in a contiguous state.          From the research I have done I would recommend applying in Linn, Grant, or Columbia (WA residents) county.          Clackamas county website says it will not issue to non-residents           Marion county website says it will not issue to non-residents           Multnomah county FAQ page says it will not issue to non-residents                WWW.OREGONCONCEALEDTRAINING.COM What states can I carry concealed in with an Oregon License   Oregon does not have reciprocity with any other states, but there are a number of states that will recognize the Oregon concealed handgun license. REMEMBER you must follow other states laws when legally carrying within that state.     These are the states that recognize the Oregon license as of January 2014 according to usacarry.com The statutes are hard to understand. Where can I get a better understanding of Oregon Gun Laws   The book OREGON CONCEALED is an easy to read and easy to understand book giving the reader an excellent understanding of the law and how it applies to you in the real world, going over such topics as: How to handle a police stop The definition of concealed Justification of deadly force Written by a retired attorney who had (and won) numerous cases involving firearms and conceal carry

Oregon Concealed Weapon Laws

Oregon Concealed Carry Law

The Law

The State of Oregon has an easy to navigate website for the Oregon Revised statutes. I also keep these links on the website www.oregonconcealedtraining.com for easy reference (bookmark it).

The Problem:

The state legislature has not spent the time to fill in the blanks. Many enforcement agencies will have their own interpretation of many of the different laws, and without a law degree, the wording of many the Oregon laws regarding firearms are not very clear to most people.

The Solution:

The book OREGON CONCEALED (a practical guide for everyone) breaks it all down in lay-mans terms and makes the law easy to understand for everyone. Don Leach is a retired attorney who specialized in civil rights and had many cases involving conceal carry, handgun cases, and self defense using a firearm (with a 100% win rate). Also a very fun and easy read, Don uses real cases from his practice to illustrate how the law affects you in real world scenarios.

Oregon Concealed Training also provides online and in-person training for Oregon, Utah, and Arizona conceal carry licenses/permits

REGAL CINEMA APPARENTLY SUPPORTS CRIMINALS!

Sunday (8/5/12) Linda and I went to the Regal Cinemas theater in Eugene, Oregon. I bought the tickets for Total Recall. As we went to pass by the ticket taker, a black haired bimbo, she asked to look into Linda's purse. Surprised, Linda asked, "What for?"

"You know, Colorado and what happened there?"

Linda asked, "So why do you want to look into my purse?"

"Well, you know, like, the Colorado thing and all of that," was the bimbo's reply.

I couldn't restrain myself. "Are you telling me you want all of us who are law abiding to be unarmed so we can be sure to be murder victims?"

Of course she looked shocked at the venomous tone. I felt sorry for her but anger at Regal Cinemas. After a deep breath, she responded. "I have to check the containers, the bags, ahhh, the purses."

I glared at her, "No you don't." But Linda had opened her purse. The bimbo looked in it. It was obvious she had no idea what she was really doing.

When we bought the tickets there was no sign warning of a search.

It came to me the logic was the same as in Colorado. The problem in today's society is not the criminals, it is the law abiding citizens. Regal Cinemas obviously want to support the criminals by giving them total free reign without fear of responsible responsive action by law abiding citizens.

It is my hope and prayer the victims who lived and the families of those victims suffering death as a result of Holmes' Colorado theater shootings sue the theater for creating an environment that made them victims. They had no way to protect themselves.

Back to Eugene, Oregon:  The bimbo did not check the concealed part of Linda's purse. A .38 special. AND she did not check me, a Ruger .380 and a NAA .22 mag. What a bimbo! But more importantly is the attitude of Regal Cinemas which appears to be that they would want to help criminals. It is my hope you all will write them telling them what you think of their apparent policy.

For the latest on carrying a concealed handgun in Oregon go to http://www.oregonconcealed.com.

Experience representing driving issues

DRIVING ISSUES EXPERIENCE

Excerpt from the book Oregon Concealed

"The following picture of such a license is representative and typical of those who carried them. Mr. Seekins is NOT the Mr. Smith referred to below. I represented Mr. Seekins in many cases which could be a book by itself. It is enough to say that when we eventually approached negotiations with the state of Oregon, Mr. Seekins had over 480 citations concerning his insistence on exercising his interpretation of his constitutional principles."

KEPT HIM OUT OF JAIL FOR A LONG TIME! lol

Copywrite in Don Leach, Attorney, 2012; Oregon Concealed - The Best Defense - Use of Deadly Force: I have written a practical easy to read how to book  helping those who carry concealed understand the legal world of a defensive contact and dealing with enforcement. It will be available in July, 2012 at the oregonconcealed.com web site.

Deadly Force in Defense - Attacker did NOT have a gun!

An excerpt from the book

Oregon Concealed, due to be out

July, 2012

“She had her hand in its mouth, trying to keep it from ripping at her throat. I don’t know how I had managed to get it cocked, but I put that 22 magnum in the dog’s ear.” He shrugged. “It didn’t even give a yelp. It just folded up. At a glance I could see the other two dogs were still under control.”

Copywrite in Don Leach, Attorney, 2012; Oregon Concealed - The Best Defense - Use of Deadly Force: I have written a practical easy to read how to book  helping those who carry concealed understand the legal world of a defensive contact and dealing with enforcement. It will be available in July, 2012 at the oregonconcealed.com web site.

When is the handgun ACCESSIBLE in the vehicle?

Administrative Assistent "Linda" and grandma with

the future President Liam of Oregon Concealed Co. at one

of the gun ranges used to teach the NRA Basic

Pistol Class.

What does accessible mean in the Oregon laws?

"Oregon applies an “accessibility” standard by statute, which in substance declares a handgun in the traveling compartment is “accessible” to all in the vehicle. While the statute is direct and clear, it is generally treated as a presumption that can be overcome factually. For example, is the handgun actually accessible if one does not know it is there? An alternative question is whether the handgun is truly accessible if it is physically being carried by the other person and cannot be accessed? Yet a third question deals with whether the handgun can be accessed in a glove box or console."

These questions are answered in the book Oregon Concealed.

Copywrite in Don Leach, Attorney, 2012; Oregon Concealed - The Best Defense - Use of Deadly Force: I have written a practical easy to read how to book  helping those who carry concealed understand the legal world of a defensive contact and dealing with enforcement. It will be available in July, 2012 at the oregonconcealed.com web site.

John Smith's Pickup Ride

Oldest Son learning the ways of Mountain Men

Troy at age 7   1976

"John Smith was driving down a back county highway in the county of Pandora. The 1965 beat-up, mostly green and rust Chevy farm pick-up had some new interior with black leather bucket seats that had replaced the old bench seat. When he was stopped by County Officer 1 (“CO1”), the officer informed John his left tail light was out. The usual questions followed with John’s presentation of the required documentation, license, and registration. During the stop Mr. Smith indicated his surprise to find the tail light was out, and asked if he could get out and see it, “After all it is my son’s rig. He has done so much work on it to make it street legal so of course I am surprised.”

“Of course,” was the officer’s reply. As the police would say, Mr. Smith “exited the vehicle.” As John slid across the lipped edge of the bucket seat and turned to walk back to the driver side tail light he left the door open.

It was the officer’s turn to be surprised. “John, is that your gun?” There, in what was now plain view, stuck between the bucket seats with the handle showing was what turned out to be a Smith & Wesson long barrel .357 magnum."

ARRESTED!

Oregon Concealed is a book written in easy to understand language outlining best practices for dealing with enforcement AND when and self defense (Deadly Force) is justified in Oregon. The book will be available in July, 2012. I am looking forward to hearing from you. Write don@ochlc.com. Copywrite 2012 by Don Leach, Attorney

Oregon Concealed BOOK by Don Leach

"I have nothing but the highest and even bitter contempt for Oregon presiding judges who pass judicial administrative regulations that keep honest people from carrying handguns for their personal protection in the courthouse and the courtroom. They violate their oath of office and no amount of legal mental masturbation can justify that contemptible practice, which in my perspective is a complete prostitution of themselves and their personal integrity to the other branches of government in violation of my fundamental constitutional right to be able to have immediate protection for myself and third parties in my presence." Copywrite by Don Leach, from OREGON CONCEALED, The Best Defense, Use of Deadly Force - to be available July 2012 at OregonConcealed.com 

A new book, "Oregon Concealed."

My book "Oregon Concealed" will be available in digital formats in about 3 to 4 weeks. What it deals with are the practical aspects of what we each need to know to carry in Oregon. I use a bunch of my experiences from the practice of law when I was representing clients here in Oregon to help people understand what they have to do to stay out of trouble with enforcement. If you have an interest in this book, contact me at don@ochlc.com. The price is not yet set but will be between $13 and $17. In paper it will also include S&H. I am still working on the logistics but again, it will soon be available.

When this is on line and ready to order, see http://www.ochlc.com/viewCategories.asp for information on how to order on-line and in what formats it will be available.