imported post
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.
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166.170 State preemption.[/b]
(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.[/b] (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.[/b]
(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.[/b]
(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]
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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.