Out of state reciprocity

Discussion of other state's CHL's & reciprocity

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Jasonw560
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Out of state reciprocity

Post by Jasonw560 »

Just found this today: http://www.leg.state.or.us/11reg/measur ... 792.a.html

Reciprocity agreement with no restrictions from Oregon.

Passed the House 40-17.

Now it's onto the Senate
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VViper
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Re: Out of state reciprocity

Post by VViper »

Does anyone have any more information about this?
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Keith B
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Re: Out of state reciprocity

Post by Keith B »

Scheduled for a public hearing on Thursday http://gov.oregonlive.com/bill/2011/HB2792/" onclick="window.open(this.href);return false;
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Jasonw560
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Re: Out of state reciprocity

Post by Jasonw560 »

I wonder if it will be live audio? That will start 10:30 our time. Might have to toggle between that and the TX Senate.
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Re: Out of state reciprocity

Post by VViper »

Does anyone know the status of this?
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Re: Out of state reciprocity

Post by Pawpaw »

VViper wrote:Does anyone know the status of this?
HB 2792 By Representative THATCHER, Senator PROZANSKI; Representatives FREEMAN, G SMITH (Presession filed.) -- Relating to firearms; and declaring an emergency.

1-11(H) First reading. Referred to Speaker's desk.
1-21 Referred to Judiciary.
2-9 Public Hearing held.
3-8 Work Session held.
3-15 Recommendation: Do pass with amendments and be printed A-Engrossed.
3-17 Second reading.
3-21 Third reading. Carried by Krieger. Passed.
Ayes, 40; Nays, 17--Barnhart, Beyer, Buckley, Cannon, Dembrow, Doherty, Frederick, Greenlick, Harker, Holvey, Hunt, Kotek, Nathanson, Nolan, Read, Smith J., Tomei; Excused, 3--Berger, Clem, Weidner.
3-22 Vote explanation(s) filed by Smith J.
3-23(S) First reading. Referred to President's desk.
3-25 Referred to Judiciary.
4-28 Public Hearing held.
5-3 Public Hearing held.
5-4 Public Hearing held.
6-1 Work Session held.
6-13 Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.)
6-14 Second reading.
6-15 Third reading. Carried by Prozanski. Passed.
Ayes, 29; nays, 1--George.
6-17(H) House refused to concur in Senate amendments.
Representatives Barker, Krieger appointed House conferees.
6-17(S) Senators Dingfelder, Prozanski, Whitsett appointed Senate conferees.
6-21(H) Work Session held.
6-23 Conference Committee Recommendation: House concur in Senate amendments dated June 13, 2011 and bill be further amended and repassed.
6-23(S) Conference Committee Report read in Senate.
6-27(H) Rules suspended. Carried over to June 28, 2011 Calendar.
6-28 House adopted Conference Committee Report.
Ayes, 44; Nays, 13--Bentz, Berger, Beyer, Conger, Gelser, Huffman, Kotek, Smith J., Sprenger, Thatcher, Thompson, Weidner, Whisnant; Excused, 1--Clem; Excused for Business of the House, 2--Buckley, Richardson.
Repassed.
Ayes, 45; Nays, 12--Bentz, Berger, Beyer, Conger, Gelser, Huffman, Kotek, Smith J., Sprenger, Thatcher, Thompson, Weidner; Excused, 1--Clem; Excused for Business of the House, 2--Buckley, Richardson.
6-28(S) Senate adopted Conference Committee Report and repassed bill.
Ayes, 24; nays, 5--Bonamici, Burdick, Dingfelder, George, Morse; excused, 1--Atkinson.
7-5(H) Co-Speakers signed.
7-19(S) President signed.
8-2(H) Governor signed.
Chapter 662, (2011 Laws): Effective date August 2, 2011.
Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. - John Adams
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Re: Out of state reciprocity

Post by speedsix »

Keith B wrote:Scheduled for a public hearing on Thursday http://gov.oregonlive.com/bill/2011/HB2792/" onclick="window.open(this.href);return false;

...help me out...I read the enrolled version of the above bill and found no reference to reciprocity...did I miss it twice??? just read it a third time...the enrolled version is a lot different from the engrossed version...I can't see where reciprocity is mentioned...


...NRA's reciprocity site still says NO http://www.nraila.org/recmap/recguide.pdf" onclick="window.open(this.href);return false;

...so does Concealed Carry's http://apps.carryconcealed.net/legal/or ... e-laws.php" onclick="window.open(this.href);return false;

...this nails it for me: http://www.handgunlaw.us/states/oregon.pdf" onclick="window.open(this.href);return false;
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Re: Out of state reciprocity

Post by 2farnorth »

speedsix wrote:
Keith B wrote:Scheduled for a public hearing on Thursday http://gov.oregonlive.com/bill/2011/HB2792/" onclick="window.open(this.href);return false;

...help me out...I read the enrolled version of the above bill and found no reference to reciprocity...did I miss it twice??? just read it a third time...the enrolled version is a lot different from the engrossed version...I can't see where reciprocity is mentioned...


...NRA's reciprocity site still says NO http://www.nraila.org/recmap/recguide.pdf" onclick="window.open(this.href);return false;

...so does Concealed Carry's http://apps.carryconcealed.net/legal/or ... e-laws.php" onclick="window.open(this.href);return false;

...this nails it for me: http://www.handgunlaw.us/states/oregon.pdf" onclick="window.open(this.href);return false;
Down on the left side of the original site. You have to click on the link. It still hasn't passed the senate yet and that is questionable.

http://www.oregonlive.com/politics/inde ... y_lic.html" onclick="window.open(this.href);return false;
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Re: Out of state reciprocity

Post by speedsix »

...the originally posted link goes directly to the engrossed version...totally different from the enrolled version...

...your link is from March... a bill with that number passed the Senate and the bill has been signed by the governor...it does not read(enrolled version) anything like the engrossed version originally presented..there's the confusion...look where you told me to go and look at the bottom of the list...the enrolled version...that's what the Gubnah signed...NOT what they linked to in the OP...
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Keith B
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Re: Out of state reciprocity

Post by Keith B »

Nope, it has been signed into law. Howecer, this has NOTHING to do with licensed cocelaed carry and/or reciprocity. It is basically their version of MPA for unlicensed individuals. See http://www.leg.state.or.us/11reg/measur ... 92.en.html" onclick="window.open(this.href);return false;
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Keith B
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Re: Out of state reciprocity

Post by Keith B »

Let me recant. In reading this, it does appear they have opened it up and honor any states license. See section 166.260 (i)
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Re: Out of state reciprocity

Post by speedsix »

Keith B wrote:Let me recant. In reading this, it does appear they have opened it up and honor any states license. See section 166.260 (i)


nope... from the enrolled bill: Enrolled

House Bill 2792

Sponsored by Representative THATCHER, Senator PROZANSKI;
Representatives FREEMAN, G SMITH (Presession filed.)


CHAPTER ................


AN ACT


Relating to firearms; creating new provisions; amending ORS
166.250, 166.274, 166.425 and 821.240; and declaring an
emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 166.250, as amended by section 8a, chapter 826,
Oregon Laws 2009, is amended to read:
166.250. (1) Except as otherwise provided in this section or
ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to
166.470 or section 5, chapter 826, Oregon Laws 2009, a person
commits the crime of unlawful possession of a firearm if the
person knowingly:
(a) Carries any firearm concealed upon the person;
(b) Possesses a handgun that is concealed and readily
accessible to the person within any vehicle; 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;
(D) Was committed to the Oregon Health Authority under ORS
426.130;
(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; or
(F) Has been found guilty except for insanity under ORS 161.295
of a felony.
(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


Enrolled House Bill 2792 (HB 2792-BCCA) Page 1



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.
(4)(a) Except as provided in { - paragraph (b) - } { +
paragraphs (b) and (c) + } of this subsection, a handgun is
readily accessible within the meaning of this section if the
handgun is within the passenger compartment of the vehicle.
(b) If a vehicle { + , other than a vehicle described in
paragraph (c) of this subsection, + } has no storage location
that is outside the passenger compartment of the vehicle, a
handgun is not readily accessible within the meaning of this
section if:
(A) The handgun is stored in a closed and locked glove
compartment, center console or other container; and
(B) The key is not inserted into the lock, if the glove
compartment, center console or other container unlocks with a
key.
{ + (c) If a vehicle is a motorcycle, an all-terrain vehicle
or a snowmobile, a handgun is not readily accessible within the
meaning of this section if:
(A) The handgun is in a locked container within or affixed to
the vehicle; or
(B) The handgun is equipped with a trigger lock or other
locking mechanism that prevents the discharge of the firearm. + }
(5) Unlawful possession of a firearm is a Class A misdemeanor.
SECTION 2. ORS 166.250, as amended by sections 8a and 11a,
chapter 826, Oregon Laws 2009, is amended to read:
166.250. (1) Except as otherwise provided in this section or
ORS 166.260, 166.270, 166.274, 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:



...and when you look up 166.260, it says nothing about reciprocity...and I can't find any (i)...

166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect:

(a) Sheriffs, constables, marshals, parole and probation officers, police officers, whether active or honorably retired, or other duly appointed peace officers.

(b) Any person summoned by any such officer to assist in making arrests or preserving the peace, while said person so summoned is actually engaged in assisting the officer.

(c) The possession or transportation by any merchant of unloaded firearms as merchandise.

(d) Active or reserve members of the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the National Guard, when on duty.

(e) Organizations which are by law authorized to purchase or receive weapons described in ORS 166.250 from the United States, or from this state.

(f) Duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their organization.

(g) A corrections officer while transporting or accompanying an individual convicted of or arrested for an offense and confined in a place of incarceration or detention while outside the confines of the place of incarceration or detention.

(h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

(2) It is an affirmative defense to a charge of violating ORS 166.250 (1)(c)(C) that the person has been granted relief from the disability under ORS 166.274.

(3) Except for persons who are otherwise prohibited from possessing a firearm under ORS 166.250 (1)(c) or 166.270, ORS 166.250 does not apply to or affect:

(a) 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 upon such target ranges, or while going to and from such ranges.

(b) Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.

(4) The exceptions listed in subsection (1)(b) to (h) of this section constitute affirmative defenses to a charge of violating ORS 166.250. [Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1; 1995 c.670 §2; 1999 c.1040 §3; 2009 c.316 §2; 2009 c.499 §4]

...the new bill (enrolled) doesn't say anything about 166.260 being amended...I've read it now 5 times...it does amend 166.250...
Last edited by speedsix on Tue Aug 09, 2011 1:21 pm, edited 1 time in total.
apostate
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Re: Out of state reciprocity

Post by apostate »

The bill as introduced would have added:
166.260. (i) A person who is not a resident of this state and who is authorized to carry a concealed handgun in another state pursuant to a valid license or permit that was issued in the other state by a state or local law enforcement agency, a court or other issuing authority.

That doesn't seem to be in the enrolled version.
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Keith B
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Re: Out of state reciprocity

Post by Keith B »

Well, durn. I looked at it and thought I had the enrolled version, but didn't. :-(

If you look at the original bill as introduced, 166.260 (i) stated that 166.250 didn't apply to
(i) A person who is not a resident of this state and who
is authorized to carry a concealed handgun in another state
pursuant to a valid license or permit that was issued in the
other state by a state or local law enforcement agency, a court
or other issuing authority. +
However, after the Senate amendments, it appears section (i) was removed in the 2nd A-engrossed version. If left and enrolled, that would have opened up reciprocity for a licensee fro any state.
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Re: Out of state reciprocity

Post by speedsix »

...dang...as they say...maybe next time...now I'm tired...time for my nap...
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