oregon automatic laws

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miah

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Jun 19, 2009
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A while back I was talking to a knife salesman a a warehouse who said it is legal to own an automatic knife in Oregon. I am not sure this is true and I cant find any laws on it.
 
166.240 Carrying of concealed weapons. (1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.

(2) Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005, whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of this section. [Amended by 1977 c.454 §1; 1985 c.543 §2; 1989 c.839 §21; 1999 c.1040

Clipped in the pocket- visible
Inside the pocket- concealed
 
Critical part of the law: "Carrying of concealed weapons"

Owning it at home does not involve carrying it. As a matter of fact, it is very rare for any state to actually prohibit private ownership. Most knife laws are about carrying.
 
I thought that you can conceal a folding knife (not a switchblade) so long as it is closed in the pocket.

I also thought it was established that when a knife is secured to a pocket by a pocket clip it is still considered concealed -because anything could be behind that pocket clip and you could reasonably doubt it was a knife, hence it could be anything.

If you carry a concealed folding knife i am prety sure it is legal as long as you do not intend on using it as a weapon -if you do intend on that use, them you are in trouble, however just having one for utilitarian purposes is fine. (hypotheticaly)

glistam is right about owning a switchblade.
 
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From the Oregon Constitution:

Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]

So the state constitution says that you can carry weapons for the purpose of defending yourself. The statutes then say that you can't carry certain weapons concealed. Autos are on the list. So you need to make sure it's not concealed when you carry it. There's a lot of debate over whether this statute is constitutional.

If you look at that section of the constitution you'll note that it says that you're allowed to carry arms for self defense. So if a cop asks you why you are carrying a knife, you could say "I carry that as a weapon so that if a lowlife tries to kill me I can cut him wide open". You don't have to pretend that its a tool instead of a weapon.

166.270 You also can't carry an auto if you've been convicted of a felony.

166.360 You can't carry a "knife other than an ordinary pocket knife" while in or on a public building or court facility.

Note that Oregon is also a "shall issue" state for concealed handgun licenses. You pay your $65 and fill out the paperwork and pass the background screening and they will issue you a license.

Here are all the related statutes - you can start with 166.240: http://www.leg.state.or.us/ors/166.html
 
This is the part of the law whitch states that you cant carry a switchblade:

166.240 Carrying of concealed weapons. (1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.

(2) Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005, whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of this section. [Amended by 1977 c.454 §1; 1985 c.543 §2; 1989 c.839 §21; 1999 c.1040 §15]
 
The last law quoted centers on the condition that the knife is carried "concealed" in order for it to be carried illegally. It would appear by ommission that open carry is legal, if not possession without a condition of concealment would be banned.....
 
true, but that is all I have ever really read, there may be more, so we cant just go off of that omission -unless you have read all the related codes -that would be great.
 
glistam said:
Critical part of the law: "Carrying of concealed weapons"

Owning it at home does not involve carrying it. As a matter of fact, it is very rare for any state to actually prohibit private ownership. Most knife laws are about carrying.
Click to expand...

I know that here in Montana it is illegal to own or possess an auto. There is an exception if you're a "bona fide collector" and you register you collection with the local sheriff. It all sounds very wild west.
 
Standard practice in Oregon is that a knife clipped to a pocket, with the clip visible, is not concealed for purposes of paragraph 166.240. Carrying of an auto knife in that fashion is normal and unremarkable. Given our climate, the fact that a coat or parka might temporarily cover the clip is treated as a normal event as well, not as an attempt to conceal. YMMV depending on the attitude matrix (yours and the LEO's) in any given encounter, but in general nobody cares what is attached to that clip. There is no actual definition of dirks, daggers and the like, so in general the rule is "When in doubt, make sure some of it is showing."
 
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