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Gray Peterson
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City of Portland Code 14A.60.010

City of Beaverton Code 5.08.240

City of Salem, Code Section 95.095

City of Tigard Ordinance 7.32.125

City of Oregon City Code 9.24.020

City of Dallas Code 5.104, Specific to City Parks

City of Independence Code 9.24.1, pre-1995 ordinance that affects various public places, that does not exempt CHL holders, go to page 95 of the .pdf file

City of Bend, Code 5.320(1)(l), Specific to City Parks Only

ORS 166.173:

ORS 166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.
(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
(a) A law enforcement officer in the performance of official duty.
(b) A member of the military in the performance of official duty.
(c) A person licensed to carry a concealed handgun.
(d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370. [1995 s.s. c.1 §4; 1999 c.782 §8]

Public Places are Defined as:

ORS161.015(10) “Public place” means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation. [1971 c.743 §3; 1973 c.139 §1; 1979 c.656 §3; 1991 c.67 §33; 1993 c.625 §4; 1995 c.651 §5]782 §8]

Note the following:

1) The state of Oregon's legal environment for open carry is similar to Virginia's between 2003 and 2004, when Concealed Handgun Permit holders were exempt from any locally passed open carry bans.   I do not expect a repeal of ORS 166.173 in the current political environment.

2) Though cities and counties may pass "loaded firearms" bans in public places, districts do not have this authority.  This means that TriMet, Metro, Cherriots (SAMTD) and Tualatin Hills Parks and Recreation District (As an example) do not have the authority to regulate firearms in any way shape or form.

3) I expect Oregon to be much more resistant to open carry training bulletins than Washington State, suprisingly enough.

Last edited on Sat Dec 9th, 2006 08:47 am by Gray Peterson

Phssthpok
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To your knowledge has there been any ordinances passed at the county level? I'm wanting to head down to Fry's in Wilsonville tomorrow to pick up a digital voice recorder* and I don't want to walk into lion's den unknowingly.


*Fry's has an Olympus VN4100 on sale for $30. 

Gray Peterson
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Phssthpok wrote: To your knowledge has there been any ordinances passed at the county level? I'm wanting to head down to Fry's in Wilsonville tomorrow to pick up a digital voice recorder* and I don't want to walk into lion's den unknowingly.


*Fry's has an Olympus VN4100 on sale for $30. 

None have passed at the county level to our knowledge.  I checked Wilsonville Code and Clackamas County Code and there's nothing.

-Lonnie

Phssthpok
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Sweet!

I'll give you folks an update tomorrow on Fry's reaction, and a first impression review of the DVR.

Last edited on Tue Jul 31st, 2007 03:49 am by Phssthpok

Orygunner
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Add Springfield to the list - Park & Recreation Facilities.

I just discovered (the easy way, I looked it up) the City of Springfield bans loaded firearms in any public park and recreation district facility.

Springfield Municipal Code: http://www.qcode.us/codes/springfield/
5.286 Possession of Loaded Firearms Prohibited.
            Except as provided in ORS 166.173(2), it shall be unlawful for any person to possess any loaded: firearm, rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism by whatever name known which is designed to expel a projectile through a gun barrel by the action of any explosive powder, gas, compressed air, spring or elastic mechanism at any public park and recreation district facility open to or frequented by the public, including, but not limited to, parks, roads, buildings, and parking lots. This prohibition shall not apply to activities sponsored or authorized by a park district. The above offense is punishable as a violation and subject to a fine not exceeding $720.00 pursuant to SMC section 1.205. [Section 5.286 amended by Ordinance No. 6169, enacted May 15, 2006; further amended by Ordinance No. 6173, enacted May 15, 2006.]

I read the ordinance No. 6173, and it was revised in 2006 because it used to ban firearms in the parks.  It was revised because it was in violation of ORS 166.170 (Preemption), so they modified it to fall under ORS 166.173 (ability for city and county to regulate firearms in public places). 

CHL holders are, of course, exempt from this Springfield city law.

...Orygunner...

Cougfan2
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*Fry's has an Olympus VN4100 on sale for $30.

Wow!  That's a smokin' deal!  I may have to pick one of those up this weekend.  Is Fry's OC friendly?

Phssthpok
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I had no problems, but note that this thread is over a year old!;)

SetivaSicWood
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As a rule I open carry when at Frys and/ or  Walmart  while in Wilsonville; perhaps some 20 times or so w/o incident.

codegeek2004
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first, forgive me for bringing this up from long ago.

i am confused, if you have a OR CPL does that mean you can carry a loaded firearm within the city limits of these cities?

also, since CPL carriers are exempt from the bans, can they open carry within these cities, or is it strictly concealed carry with the license only?

i ask because i live in Washington and love the ease to open carry, but do alot of work in Portland and would really like to be able to open carry, but i wasn't sure if it was legal or if i could only conceal carry.


Thanks in advance

adamsesq
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codegeek2004 wrote: first, forgive me for bringing this up from long ago.

i am confused, if you have a OR CPL does that mean you can carry a loaded firearm within the city limits of these cities?

also, since CPL carriers are exempt from the bans, can they open carry within these cities, or is it strictly concealed carry with the license only?

i ask because i live in Washington and love the ease to open carry, but do alot of work in Portland and would really like to be able to open carry, but i wasn't sure if it was legal or if i could only conceal carry.


Thanks in advance


Yes, that is what it means.  An Oregon CWP holder is excepted from any such prohibition from any of these cities/entities - either open or concealed.

-adamsesq

Last edited on Mon Oct 6th, 2008 05:15 am by adamsesq

codegeek2004
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now is there any differences between a residential CPL and an out of state CPL.


and it sounds like once you have a CPL the laws become more like the ones in Washington. which is nice, i really like the whole OC concept over CC. so all i need to do now is get the OR CPL. that should be fun :D

Gray Peterson
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codegeek2004 wrote: now is there any differences between a residential CPL and an out of state CPL.


and it sounds like once you have a CPL the laws become more like the ones in Washington. which is nice, i really like the whole OC concept over CC. so all i need to do now is get the OR CPL. that should be fun :D

The only differences are that you can apply to any county, and it's may-issue.

VLR4
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So OR will not except WA CHL?

Phssthpok
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Oregon does not recognize ANY other state's permit or licenses.

Jeffytune
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Phssthpok wrote: Oregon does not recognize ANY other state's permit or licenses.

That is correct at this time, but there is a bill working it's way through the legislature to change that.

If you live in a boarding state (Wa, Id, Nv, Ca) you can apply for a Oregon permit, as I understand it.

Last edited on Sun Mar 22nd, 2009 09:37 pm by Jeffytune

tacmedic911
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I would like a clarification from someone that lives in or around Bend. I read the link regarding the discharge of firearms but did not see anything that specifically banned the open carry of a firearm, could someone shed some light on this for me please. Also I will be coming through bend and Kalamath falls etc on my to PRK (Peoples Republic of Kalifornia).

Any insight so I can avoid unecesary harassment by the po po would be great (sorry for the spelling, just getting moving)

Gray Peterson
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tacmedic911 wrote: I would like a clarification from someone that lives in or around Bend. I read the link regarding the discharge of firearms but did not see anything that specifically banned the open carry of a firearm, could someone shed some light on this for me please. Also I will be coming through bend and Kalamath falls etc on my to PRK (Peoples Republic of Kalifornia).

Any insight so I can avoid unecesary harassment by the po po would be great (sorry for the spelling, just getting moving)


To answer this a few other questions:

The Oregon Court of Appeals ruled that your locked car is a "public place" for the purposes of 166.173, the statute that allows the the localities to ban loaded OC.

Under ORS 166.250, open carry in belt holsters is not concealed for the meaning of this section.  Discribing your routing, you'll be fine if you open carry in your car.  Just don't have a jacket over it and you'll be fine.

I would recommend getting a CHL.

tacmedic911
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I guess I need to be more specific. I will be traveling through Oregon this coming week and obviously do not have time to get a CHL for your state. Therefore I am asking if there are any issues that I need to concern myself with about OC'ing down the hwy 97 corridor. I won't be stopping in at any parks since that seems off limits for law biding citizens to carry their firearms (I can't believe that was allowed to pass without major uproar from the 2A community). I have also seen that it is ok to OC in your car with out a permit.

I am specifically curious about when I stop for gas or get a bite to eat am I going to be harassed for OC'ing, I have a Washington CPL but as has been previously stated it is not good in your state.

Any sound advice would be appreciated, thanks.

glibreaper
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I've a similar situation to tacmedic911: WA CPL travelling through OR too soon for an out of state CHL.

I'll be OC while bicycling, if I understand correctly I'm not allowed onto school grounds and have to unload by removing the mag at the city limits of Portland.

Neither Amtrak nor Greyhound will let me ride with a firearm whether checked or carried, so it's the charter bus or a carpool for my return.

Anything else I should consider?

Phssthpok
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glibreaper wrote: I've a similar situation to tacmedic911: WA CPL travelling through OR too soon for an out of state CHL.

I'll be OC while bicycling, if I understand correctly I'm not allowed onto school grounds and have to unload by removing the mag at the city limits of Portland.

Neither Amtrak nor Greyhound will let me ride with a firearm whether checked or carried, so it's the charter bus or a carpool for my return.

Anything else I should consider?

Just a bit of info to keep you legal.

In PORTLAND you must also remove the ammo from the magazine in addition to removing the magazine and all ammunition from the firearm.*

I have yet to see the 'loaded magazine' restriction in any of the other 'loaded ban' cities' codes.


* The loaded-but-detached mag ban is arguable unenforceable as it is not 'specifically authorized' by the state legislature. This remains untested. IANAL.

glibreaper
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Phssthpok, if I remove the rounds from the magazine can I replace the empty mag in my gun? I'm going to be at the end of a 200 mile ride and I'm sure I won't feel like arguing with police or being arrested.

--amended--
I read the loaded weapon ban, having an empty mag in the gun looks okay.

Last edited on Thu Jun 25th, 2009 05:50 pm by glibreaper

Phssthpok
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glibreaper wrote: Phssthpok, if I remove the rounds from the magazine can I replace the empty mag in my gun? I'm going to be at the end of a 200 mile ride and I'm sure I won't feel like arguing with police or being arrested.

--amended--
I read the loaded weapon ban, having an empty mag in the gun looks okay.
 


At first I thought you to be incorrect. However after reading through the text myself, I find that I must agree with your assessment.

An empty magazine in the firearm is NOT prohibited under Portland's ordinance, and is, therefor, by default, legal.

Doesn't mean you won't have to worry about involved discussions with the Jabbuts though.



warhammerjr
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Sorry complete newb question here. In salem can I have the loaded mag in my pocket or does it have to be unloaded as well?

Blacryan
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Prior to getting my CHL when I would OC in Salem, I would take the ammo out put it on 1 pocket, put the mag back in the gun and gun in holster.

 

Now I dont know if legally I was required too... I did it just incase of any interaction. I can load relatively fast :)

freak21
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All depends on the cites laws. If I remember right Beaverton and Portland you cant even have ammo on you if you are open carry with out chl.

:cuss:

warhammerjr
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Ok I'll probably do that then. Don't want any trouble involving illegally carried firearms. Thanks guys.

Phssthpok
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freak21 wrote: All depends on the cites laws. If I remember right Beaverton and Portland you cant even have ammo on you if you are open carry with out chl.

:cuss:


Not true. While the cop was incredulous when he searched me during my 165.540.1(c) incident (COP while searching my pocket: "There's AMMO in here!"..... ME: "Well, DUH!"), there was never a charge levied for the mere possession of loose ammo in my pocket.

So far I've only been able to confirm Portland as the only city which has an ordinance specifically prohibiting possession of a loaded MAGAZINE for a firearm that is in  your possession. Having loose ammo is still legal.

Beaverton has, to the best of my research, no such provision.

It is worthy to note, however, that Portland's ordinance probably is unenforceable as it conflicts with state preemption regarding the possession and transportation of ammunition and firearms components....something the state HAS NOT specifically granted governmental subdivisions the authority to do.

Yet.

Venator
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Phssthpok wrote: glibreaper wrote: Phssthpok, if I remove the rounds from the magazine can I replace the empty mag in my gun? I'm going to be at the end of a 200 mile ride and I'm sure I won't feel like arguing with police or being arrested.

--amended--
I read the loaded weapon ban, having an empty mag in the gun looks okay.
 


At first I thought you to be incorrect. However after reading through the text myself, I find that I must agree with your assessment.

An empty magazine in the firearm is NOT prohibited under Portland's ordinance, and is, therefor, by default, legal.

Doesn't mean you won't have to worry about involved discussions with the Jabbuts though.




What about speed loaders or strip loaders for revolvers?  Do they have to be empty?

Xader
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Any chance of having these updated to the OR OC fact sheet?

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Venator wrote: What about speed loaders or strip loaders for revolvers?  Do they have to be empty?
That's unclear by the word of the code, but the intent of the code would probably get you in trouble in a court of law if you were defend on the basis of that argument alone.

I would say, better safe than sorry. Unload your speed loaders until you get a plan of defense in hand by a lawyer, or a written opinion by the city attorney stating that its ok.

Autonym
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All of this confusion is precisely why I applied for my CHL, despite not planning to carry concealed.  With a CHL, all of these hassles go away, and you're left with Courthouses, Airport Security Areas, and Federal Land as the only off-limits areas, IIRC.

Costs $65 and some of your time for 4 years of peace of mind.

Bull Frog
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Sounds like Oregon is just as nutty as California.  It's your choice:  Vote the nuts out of office and change the laws.  Or, quit whining.

Bull Frog

We-the-People
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I am SOOOOO Glad I finally found you guys!!!!!

FIRST, I just joined.  Found out about OpenCarry.org at a townhall meeting yesterday where the poor gal who approached three of us thought we were all together and when they "attacked" her it took me some convincing to get her to realize I was trying to "discuss" the issues with them.

ANYWAY, glad I found a site that looks like it will fit what I'm seeking.  Legal activism in the way of simply exercising my rights.  CHL is great for self defense but open carry is the only way to get the message out to ALL the people that IN FACT carrying a firearm is a RIGHT.

This question (CHL exemptions allowing open carry in otherwise exempt areas) has been bugging me since I first laid eyes on the regs.  I THOUGHT the "CHL EXEMPT" provisions were tantamount to authorization to carry open in cities which prohibited with local ordinances.  Now it seems I've found people that do this regularly.

If I fit in here, I'll be around a lot.  I'll warn you now, I type very fast so I tend to get long winded and prolific.  Just tell me to calm down if it gets bad.  LOL

Semper Fi

Autonym
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Man, you can't swing a dead cat around without hitting a Marine in here.  :)

Welcome, just the same, 'We-The-People'.

I just recently found this site myself, and have only been carrying for the last week or so.  Like yourself, I'm looking to see if this place 'fits' me.  So far, the people here are pretty nice.

There's room for disagreement, sure.  But that's what makes it interesting.  :)

Where abouts are you from?  I've been encouraging people to do non-organized "mini-meet-ups" for coffee or whatever.  If you're nearby, maybe we could have a coffee sometime...

We had a larger, organized meet-up just last night at Lacey's Bomber in Milwaukie, and while I had a nice time visiting other people, I think overall our impact was minimal to non-existent, because they put us all in a back room out of the way and separated from all the other customers.

I met "Inspire" for lunch in Newberg earlier this week, and I think we made a larger impact, just the two of us eating bad Chinese food, but doing it unannounced, and right in front of the restaurant.  It was a good visit.

Catch ya later,

~Auto

We-the-People
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I'm from the Medford area (orig ACK Taxifornia).

We don't have to deal with all the Portland/Salem/Eugene "problem" but we do have Ashland.  In fact, most everyone I've talked with thinks a walk through Ashland would make an impression.

bigd_74
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Newb here - all good info - thx!  I am riding (motorcycle) with some friends on a 6-day trip to & staying in the Cave Junction area, where we will be camping for the weekend.  I have a WA CPL but understand that I would need an Oregon equivalent in order to OC in Portland & Salem on my way down there.  I normally CC here in WA.

We're heading west from Eugene and following the coast down to Cresent City and coming back up 199 towards Cave Junction.  It looks like I will be unloading the magazines & re-boxing the ammo before crossing the WA/OR border until I get through Portland & doing the same in Salem.

Question # 1 - Can I store the gun with empty mags in one saddlebag of the bike (concealed & unloaded) & have the ammunition in the original box in the other saddlebag?

Question # 2 - Can I OC outside of Portland & Salem (& other noted cities/counties in the OP)?

I definitely want the gun while camping (critters and all) for protection.  I'm still trying to figure what to do if we take a ride to the Redwoods, being in Cal with their trampling of the 2A. :banghead:  Especially since I have hi-cap mags for the XD.

Any help on this would be most appreciated.  Thx in advance!

Dave~

Last edited on Fri Aug 21st, 2009 05:51 am by bigd_74

djhawes
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A walk through Ashland? I would pay to be in that walk!

Strangerer
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I don't have the reference at hand, but, yes, sadly, Beaverton is one more city with an insane "no loaded mag" anti-ordnance ordinance.  (Sorry -- sorta -- I couldn't resist.)  When I first read it a few years ago, I wasn't sure if it was sloppy wording, or evidence of a really tight pucker.

Autonym
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I like Portland's ordinance, where it adds a subjective adjective:

It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the firearm.
http://www.portlandonline.com/Auditor/index.cfm?c=28514&a=15437

I never recklessly fail to remove all ammunition from my firearms.  I just don't do it.  :)

Last edited on Fri Aug 21st, 2009 10:21 pm by Autonym

Phssthpok
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Strangerer wrote: I don't have the reference at hand, but, yes, sadly, Beaverton is one more city with an insane "no loaded mag" anti-ordnance ordinance.  (Sorry -- sorta -- I couldn't resist.)  When I first read it a few years ago, I wasn't sure if it was sloppy wording, or evidence of a really tight pucker.


I stand by what I posted a few comments above:

It is worthy to note, however, that Portland's ordinance probably is unenforceable as it conflicts with state preemption regarding the possession and transportation of ammunition and firearms components....something the state HAS NOT specifically granted governmental subdivisions the authority to do.

Yet.
******************************************
166.170 State preemption.
     (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.       (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]


      166.173 Authority of city or county to regulate possession of loaded firearms in public places.

     (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.
      (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
      (a) A law enforcement officer in the performance of official duty.
      (b) A member of the military in the performance of official duty.
      (c) A person licensed to carry a concealed handgun.
      (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370. [1995 s.s. c.1 §4; 1999 c.782 §8]
*******************************************

A magazine is NOT a firearm...it is a COMPONENT.

Neither Portland nor Beaverton, nor any other city, county, or municipality has the authority to regulate or prohibit carry of a loaded magazine so long as said magazine is NOT inserted into the firearm, as to do so would be regulating the 'possession, storage, or transportation of firearm components (and) ammunition' . Authorization to do so MUST be EXPRESSLY granted by state statute, which means it would be listed in the ORS's.

It's not.

Such prohibitions on loaded, unattached magazines, IMO, directly conflict with state preemption and are unenforceable.


Strangerer
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I'm not arguing;  it is logically unenforcable.  But, logic is often absent from enforcement, sad to say.  Faced with a loaded-weapon restriction, it would make sense to carry a semi-auto like, say, my HP C9, unloaded in a strong-side OWB holster, with loaded mags in a weak-side belt pack.  At need, just draw & load; GTG.

Of course, that's precisely what the authoritarians are wetting themselves about:  the idea that unlicensed civilians can actually defend themselves.

PaxMentis
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We-the-People wrote: I am SOOOOO Glad I finally found you guys!!!!!

FIRST, I just joined.  Found out about OpenCarry.org at a townhall meeting yesterday where the poor gal who approached three of us thought we were all together and when they "attacked" her it took me some convincing to get her to realize I was trying to "discuss" the issues with them.

ANYWAY, glad I found a site that looks like it will fit what I'm seeking.  Legal activism in the way of simply exercising my rights.  CHL is great for self defense but open carry is the only way to get the message out to ALL the people that IN FACT carrying a firearm is a RIGHT.

This question (CHL exemptions allowing open carry in otherwise exempt areas) has been bugging me since I first laid eyes on the regs.  I THOUGHT the "CHL EXEMPT" provisions were tantamount to authorization to carry open in cities which prohibited with local ordinances.  Now it seems I've found people that do this regularly.

If I fit in here, I'll be around a lot.  I'll warn you now, I type very fast so I tend to get long winded and prolific.  Just tell me to calm down if it gets bad.  LOL

Semper Fi



Say...

All I see to see here is the cities up in the liberal zone...do you know anything about the ordinance and enforcement in Grants Pass?

I live between GP and Rogue River and am a CCer, but I heard recently about no open carry in GP.


EDIT: I should explain I guess that I am a very casual CCer whose weapon frequently "peaks out" from under a shirt tail. I know that, as a CHL holder, I am exempt from the provision, but am wondering if the city cops know that...they are not a notoriously conscientious group it seems.

Last edited on Fri Sep 4th, 2009 07:48 am by PaxMentis

Strangerer
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PaxMentis wrote:
Say...

All I see to see here is the cities up in the liberal zone...do you know anything about the ordinance and enforcement in Grants Pass?

I live between GP and Rogue River and am a CCer, but I heard recently about no open carry in GP.


EDIT: I should explain I guess that I am a very casual CCer whose weapon frequently "peaks out" from under a shirt tail. I know that, as a CHL holder, I am exempt from the provision, but am wondering if the city cops know that...they are not a notoriously conscientious group it seems.

If you explore this website a bit, you should find links to laws.  Also, Understanding Oregon's Gun Laws:  A Guide To Gun Ownership in Plain English, by Kevin Starrett, is a good addition to your personal library.  Speaking of libraries, you can also check the local ordinances at your local public library.

Most of Oregon is OC, even if most people don't seem to know it.  A CHL gets you past a lot of the local restrictions that are out there.  At least it's not like some of the midwestern states I've heard of, where the CCW license law allows only concealed carry.  People have been busted if their weapon peeked out.:?

PaxMentis
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Strangerer wrote: PaxMentis wrote:
Say...

All I see to see here is the cities up in the liberal zone...do you know anything about the ordinance and enforcement in Grants Pass?

I live between GP and Rogue River and am a CCer, but I heard recently about no open carry in GP.


EDIT: I should explain I guess that I am a very casual CCer whose weapon frequently "peaks out" from under a shirt tail. I know that, as a CHL holder, I am exempt from the provision, but am wondering if the city cops know that...they are not a notoriously conscientious group it seems.

If you explore this website a bit, you should find links to laws.  Also, Understanding Oregon's Gun Laws:  A Guide To Gun Ownership in Plain English, by Kevin Starrett, is a good addition to your personal library.  Speaking of libraries, you can also check the local ordinances at your local public library.

Most of Oregon is OC, even if most people don't seem to know it.  A CHL gets you past a lot of the local restrictions that are out there.  At least it's not like some of the midwestern states I've heard of, where the CCW license law allows only concealed carry.  People have been busted if their weapon peeked out.:?


Thanks for the response.

I have explored this site for the last couple of months and found nothing that addresses my question at all...Grants Pass, being a city of 25K in the much less populated southern mountain area, doesn't get much play. I was asking one of the few folks in the S. Oregon area that I have seen on here for any input on enforcement that he might have.

I am well versed with the state law and know that, with a CCW permit, I am exempt from municipal ordinances regarding OC. I also know, though, that a few members of the GPDPS have a history of such acts as tasering individuals for "attitude violations" and wondered if there was info from a "local" on their knowledge of the law.

djhawes
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PaxMentis wrote: Thanks for the response.

I have explored this site for the last couple of months and found nothing that addresses my question at all...Grants Pass, being a city of 25K in the much less populated southern mountain area, doesn't get much play. I was asking one of the few folks in the S. Oregon area that I have seen on here for any input on enforcement that he might have.

I am well versed with the state law and know that, with a CCW permit, I am exempt from municipal ordinances regarding OC. I also know, though, that a few members of the GPDPS have a history of such acts as tasering individuals for "attitude violations" and wondered if there was info from a "local" on their knowledge of the law.


You have access to the internet; you should be able to go to the cities ordinace codes or laws and see if they have a ordinance or code concerning open carry.

By looking up and reading the ordiances or laws, you will know what the laws are and will be more confident when John Law comes to ask questions or make accusations.

I looked up the ordinances and/or laws for Gresham, Troutdale, Woodvillage, Fairview, and Portland, Oregon.

I Printed out the ordinances for Portland, Oregon (Portland has an ordinace about carryiing openly a loaded weaponand) and keep them with me when I OC just in case an uniformed John Law gets edgy with me.


I know first hand that Gresham PD was called about a guy riding a Harley-Davidson with a gun. They were all briefed in their roll call that Oregon is an open carry state and Gresham does not have an ordinance or law preventing open carry.

I found this out when I visited a hospital while OC and they called the police. Police arrived to tell security in person that OC was legal. I still could not carry in the hospital becasue of policy; however, the hospital had no signs.

So, I am sure that if you OC in Grants Pass the word will get out. Just be ready for law enforcement.

Ironbar
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Pax,

Not to slight you or anything, but after reading your post, it took me all of 10 seconds to do a Google search for the City of Grants Pass Municipal Code, and I immediately found it at the following URL:

http://www.grantspassoregon.gov/Index.aspx?page=412

Being the small town that it is, it was quite easy to scan over the code, and I found only one reference to guns at all:

City of Grants Pass Municipal Code Title 5 Last Revised 01/07/09 Title 5: Nuisances & Offenses Page 25 of 43 Chapter 5.32


DISCHARGE OF WEAPONS


Sections:


5.32.010 Discharge of Weapons.


5.32.010 Discharge of Weapons.


A. No person other than a police officer shall without authority of the Chief of Police fire or discharge a gun or other weapon, including spring or air-actuated pellet gun, or weapon which propels a projectile by use of gunpowder or other explosive or jet or rocket propulsion.


B. The provisions of this section shall not be construed to prohibit the firing or discharging of a weapon by any person in the defense or protection of his property, person or family.
(Ord. 4354 §3, 1980)

So, the answer to your question is that there is absolutely nothing in the Grants Pass municipal code governing the carrying of weapons. You may open carry at your own discretion.

 

We-the-People
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Be prepared though.

At the Grants Pass town hall meeting I was CCing and talking with a 26 year cop on the GPPD.  It wasn't clear if he'd been GPPD the entire 26 years but he made two statements to my direct questions that should be kept in mind.

1) That if someone is OCing in GP that the PD will more than likely make contact with them to check them out.

2) That a lot of hunters get into trouble because they are stopped by the PD and have a round in the chamber of their hunting weapon that's covered up in the back seat.

Now #1 has the potential for a civil rights violation if they are aggressive, don't recongnize the OCers right to not be detained for a legal activity, etc.  On the other hand, if an OCer declines to consent to a non RAS detention and they don't force it, it could be just fine.  While we'd all love to not be approached by LE for carrying, it's still not common enough to cause LE to turn a blind eye.  It's how they conduct themselves when approaching a legal, legally savvy, OCer that will count.

#2 is downright WRONG and I told him so (nicely).  At the time I wasn't carrying the ORS with me at all times so I couldn't show him but neither could he give me a reference.  Suffice it to say that there is no ORS which prohibits the carrying of a loaded long gun in a vehicle whether concealled or not.

I'd cite the reference but you can't cite a reference that does not exist.  No law for or against means LEGAL.  The best I can do is point you to ORS 166.250 (1) & (1) (a) & (1) (b).

(1) (a) makes it unlawful to carry any firearm concealled UPON THE PERSON (so it doesn't apply in the case of a long gun in a vehicle).

(1) (b) Addresses HANDGUNS concealed and readily accessible in a vehicle.  However, it does not prohibit long guns being loaded and concealed, ONLY HAND GUNS.

This is one reason I now carry a copy of all ORS relating to firearms, audio recording, menacing (we don't have a "brandishing" ORS), and trespassing with me at all times when I am carrying a firearm.

 
One thing to keep in mind is that Grants Pass uses Police to do some fire duties and conversely, firemen to do some police duties.  If you happen to come across a fireman acting as a police officer you probably aren't going to have someone who knows the law at all.  Not knocking them, just saying that dedicated police have a hard enough time keeping up with the law.  Hopefully they all know their limitations and work well together as I'm sure is the plan.

Last edited on Sun Sep 20th, 2009 06:49 am by We-the-People

sf
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I visited Ashland with my wife and 2 young boys this summer. I went into the local police station and asked if there would be a problem if I open carried. The officer said no, gave me his card and said to call him if I had any trouble.

Everyone in town was friendly and it was a non issue. Seeing me carrying, and my wife and 2 kids with me did create some confused looks on the faces of the tourists passing through however.

John Wolver
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ok so it looks like you folks in oregon need to kick some tail and fix your laws around there...

 

That being said, ontario is oc friendly as far as I can tell.





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