BadMoon Risin68
Regular Member
I live in the town of Tigard, Oregon. I do not have a concealed weapons permit "yet" however I would like to uphold my freedoms as a Law-abiding US Citizen. I have found a little on open carry without a permit, but it still seems kinda vague. The Question I have is weather I can have my bullets in the "magazine" being that it is removed from the weapon. Now here is the fun part: Tigard states that they do not allow a loaded magazine without a permit, However ORS stats that No Citys can regulate ammunition.
Here is my research
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.
(e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3]
166.174 Authority of city, county, municipal corporation or district to regulate possession or sale of firearms. Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 §5]
Tigard
7.32.125 Carrying Loaded Firearms. As used in this section, "firearm" means a pistol, revolver, gun, rifle or other mechanism, including a miniature weapon which projects a missile or shot by force of gunpowder or any other explosive, or by spring or by compressed air. (a) It is unlawful for any person to possess a firearm in a public place as that term is defined in ORS 161.015 unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine. This section does not apply to
or affect: (1) a law enforcement officer in the performance of official duty; (2) a member of the military in the performance of official duty; (3) a person licensed to carry a
concealed handgun; (4) a person authorized to possess a loaded firearm while in or on a public building under ORS 166.370. (b) It is unlawful for any person possessing a firearm in a public place to refuse to permit a peace officer to inspect that firearm after the peace officer has identified himself as such. (c) Violation of any portion of subsections (a) and (b) is a Class A misdemeanor. (Ord. 96-28; Ord. 76-22 §1, 1976).
However Tigard's Law is 1976 and Oregons is 1995 who wins?
Thanks Guys and Gals
Here is my research
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.
(e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3]
166.174 Authority of city, county, municipal corporation or district to regulate possession or sale of firearms. Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 §5]
Tigard
7.32.125 Carrying Loaded Firearms. As used in this section, "firearm" means a pistol, revolver, gun, rifle or other mechanism, including a miniature weapon which projects a missile or shot by force of gunpowder or any other explosive, or by spring or by compressed air. (a) It is unlawful for any person to possess a firearm in a public place as that term is defined in ORS 161.015 unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine. This section does not apply to
or affect: (1) a law enforcement officer in the performance of official duty; (2) a member of the military in the performance of official duty; (3) a person licensed to carry a
concealed handgun; (4) a person authorized to possess a loaded firearm while in or on a public building under ORS 166.370. (b) It is unlawful for any person possessing a firearm in a public place to refuse to permit a peace officer to inspect that firearm after the peace officer has identified himself as such. (c) Violation of any portion of subsections (a) and (b) is a Class A misdemeanor. (Ord. 96-28; Ord. 76-22 §1, 1976).
However Tigard's Law is 1976 and Oregons is 1995 who wins?
Thanks Guys and Gals