Loaded Firearm Carry Ban Cities

[bballiam]

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Could it be that all these municipalities passed these ordinances in an attempt to eliminate "Joe Public" panic when someone sees a non-LE type open carrying? I'd like to know the percentage of MWAG calls that turn out to be "bad guys" versus law abiding citizens openly carrying because "State" law says they can. I'd be willing to bet that the percentage is very low. Law abiding citizens OC while "bad guys" conceal illegally!

 

[ISRAEL]

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I will be driving from Boise, trough Ontario,Baker City, La Grande,and Pendleton, I think that is the only "big" cities on the freeway untill I get to the "border" with Wash. State. we may stop at La Grande for fuelling and dinner, is it ok. to O.C. there? Oregon do not accept Idaho CWP, Some body told me that is ok to O.C. while I drive in Oregon Freeway, but can I O.C. in a restaurant in La Grande?, Please help , Your vaquero friend Israel.

 

[Gray Peterson]

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Private Restaurants should be OK. Make sure you check the local laws first. Also, considering applying for a license from Grant County.

 

[ISRAEL]

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I been trying to go to Ontario, I think it is on Malheur County, that is close to Boise, I will try to go next week, I have friends in Baker City, I went to the sheriff Dpt in Yakima, wash por my CC. do I go a sheriff dpt. in Oregon for a CC?

 

[Gray Peterson]

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The sheriffs issue the license in Oregon. GCSO is in Canyon City, OR. I do not know Malhuer's issuance policy.

 

[ISRAEL]

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I thought all the state ofOregon have the same law, it is not the same as Idaho,I guess.

 

[Gray Peterson]

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ISRAEL wrote:

I thought all the state of Oregon have the same law, it is not the same as Idaho,I guess. 

Israel, you need to read the laws of Oregon in greater detail, but I'll try to break it down for you:

Oregon has state preemption under ORS 166.170. Under ORS 166.173, cities and counties have the authority to ban loaded carry in their cities. Due to a recent court decision, these bans apply to the inside of one's vehicle.

Oregon's CHL statute has several requirements. The CHL statutes require that one apply to their county of residence. The sheriff is allowed to waive that requirement for residents of contiguous states. It is on a may-issue basis for non-residents of Oregon. Grant County Sheriff's office issues flat out for personal protection. I've heard a few counties may be loosening their requirements due to Grant County getting so much business, but that is just a rumor.

 

[ISRAEL]

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Thank you for the information, I don't know the map of Oregon ,is Grant county in the dry or wet side of theCascades ? Ionly have Saturdays and Sundays free, and to go there I will need to take a day of workto apply for it, you what I mean ? thats why I was hoping to go to a county close to Boise. Thank for all your help.

 

[Gray Peterson]

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ISRAEL wrote:

Thank you for the information, I don't know the map of Oregon , is Grant county in the dry or wet side of the Cascades ?   I only have Saturdays and Sundays free, and to go there I will need to take a day of work to apply for it, you what I mean ?  thats why I was hoping to go to a county close to  Boise.   Thank for all your help. 

Grant County is on the dry side of the state. He is pretty flexible, call up his office and ask to speak with him directly.

I'm sorry to ask this of you, but are you a natural-born or naturalized US citizen? There is a legit purpose to this question. I am trying to find some folks who are permanent resident aliens as they have a legal impediment to getting a license in Oregon.

-Gray

 

[ISRAEL]

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I was born in El Salvador, and lived in San Salvador, I got an Exchange student visa to Yakima Wash. for 4 years, I stayed only 2 years (the worst years of my sorry life), some day I will tell you about it, I was so happy going back to E.S. but in my stayed in Yakima I met a jewelery owner , ( Inmigration let me work part time) and I worked fixing watches, untill I left to E.S. and I never thought I will comeback, untill U.S. consulate send me a telegram and I went to talk to the consul and he told me that the jewelery owner wants me come back to work for him,( I repair Rolex watches)and I came back to Yakima 4 years latter, I got my green card (it is blue) in San Salvador, very unusual, The man who brought Boeing to Seattle and the Man who the SeaTac was going to be named, called the consul and he could not denied my visa, he said to me.

we (my wife and I ) moved to Olympia, my son was born there, and I became a U.S. citizen in1982 in Tacoma, to much rain, we move to Sacramento,my daughter was born there,I don't California, we moved back to Yakima, and we moved to Boise, here for 16 years. if we move again will be to El Salvador, we already bought a lot and a house close to the Guatemala border close to the PanAmerican Hi way, I love E.S. nice wheather and friendy people (avoid the m.s. bunch of rutless criminals), you will be welcome to come for a vacation. , I do not mind telling my life. ha ha ha. your friend, Israel.

 

[MoHawka]

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i was looking in the Astoria, Or city code and found in chapter 5.010 it is banned to open carry except it also says [Chapter 5 entirely repealed and replaced by Ordinance No. 81-19, enacted December 21, 1981.] at the beginning of the chapter but i cant find that ordinance

 

[We-the-People]

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MoHawka wrote:

i was looking in the Astoria, Or city code and found in chapter 5.010 it is banned to open carry except it also says [Chapter 5 entirely repealed and replaced by Ordinance No. 81-19, enacted December 21, 1981.] at the beginning of the chapter but i cant find that ordinance

Can you provide a link to what you did find please?

 

[We-the-People]

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Never mind, I found it.

http://www.astoria.or.us/LinkClick.aspx?fileticket=vXiABwd4i9k%3d&tabid=2002&mid=6163&language=en-US

It would appear that there are several aspects of the ordinance that are in violation of State Law.

I don't think the city can ban unloaded carry in parks.

They can not regulate possession, transportation, etc. of ammunition other than to regulate a loaded firearm. The portion that says magazines or clips must be empty needs to be reworded to ensure that they are ONLY talking about those that are IN the weapon.

Law enforcement doesn't have authority to inspect a weapon....merely because it is being carried..... EXCEPT in/on the grounds of a Public Building (as defined in state law).

I'm going out to do a bit of shooting on the range but will follow up on this when I return.

 

[Gray Peterson]

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MoHawka wrote:

i was looking in the Astoria, Or city code and found in chapter 5.010 it is banned to open carry except it also says [Chapter 5 entirely repealed and replaced by Ordinance No. 81-19, enacted December 21, 1981.] at the beginning of the chapter but i cant find that ordinance

The law was passed in 1989, 6 years before the preemption statute passed.

 

[We-the-People]

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That's what I got out of it as well (date of passage) but it's on the books and parts of it are lawful so it's likely they would try to enforce it all including the unlawful parts.

 

[We-the-People]

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Okay, we're finished shooting now. Her groups are getting smaller but are still about 4 MOA (with a few fliers) but she's learning and knows when a shot is good as soon as she feels the recoil. Just have to work at it.

As to the Astoria ordinance, there are at leastTHREE parts which are in conflict with state law.

5.005 defines firearm to include "weapons" which do not use powder to propel the projectile. Compressed air and springs are specifically stated. BB guns, pellet guns, "or other similar device" are included in their definition.

Per ORS 166.210 a "Firearm" is a weapon "designed to expel a projectile by the action of powder"

Astoria can not define"firearm" differently from state law as cities and counties do not have authority to regulate firearms except as EXPRESSLY granted by state law and the only such authority granted is to regulate the carry of loaded firearms by non CHL persons.



5.010 (A) This section bans carry of loaded OR UNLOADED weapons in PARKS SCHOOLS, and PUBLIC BUILDINGS.

ORS 166.173 grants authority to cities and counties to regulate the carry of LOADED firearms in PUBLIC PLACES (not buildings). Only state law applies to the carry of unloaded weapons and weapons carried in PUBLIC BUILDINGS (which includes schools per teh definition in ORS 166.360). Unloaded carry within PARKS by non CHL holders isnot within the authoritygranted to cities and counties by state law. - MY NOTE: Section 5.010 (C) does recognize exemption of CHL holders.

ORS 161.015 defines "public place"

ORS 166.170 and 173 Describe state premption and grant cities and counties authority to regulate the carry of LOADED weapons. Only state law applies to UNLOADED weapons and state law does not proscribe carry of weapons in parks. Therefore if a park is in a city and a weapon is carried unloaded, the city has no authority even without a CHL in posession of the carrier.

ORS 166.360 defines "public building"



5.010 (D) Requires all persons carrying upon their person or in a vehicle to allow inspection by a police officer. State law is quite clear on this issues and an officer can only inspect your weapon if you are in or on a PUBLIC BUILDING (as defined). Carrying in a PUBLIC PLACE(as defined) does NOT give anofficer (in and of itself) authority to inspect a weapon.

ORS 166.380 grants authority to peace officers to inspect a weapon carried "in or on a public building" but absent RAS that a crime has been committed and a Terry stop or other lawful detention has been undertaken, an officer does not have authority to inspect a weapon if not in or on a public building.



The above is MY interpretation. Before I send off a complaint to the Astoria city government does anyone have any additions, deletions, or other corrections to add?

 

[MoHawka]

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I just have a question as to what a terry stop is

 

[We-the-People]

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A "Terry Stop" is a basic part of the jargon around the forums. Do some reading in the forums, use the search function, and learn. There is much to learn and a lot of it is minutia but the Terry Stop is basics

 

[sohmdaddy]

I 'm new to this forum

I'm visiting oregon, have no CHL that works in Oregon. So Unlicensed open carry. Do I have to unload my gun everytime i get into the Car? Do I have to unload it when I go into a park, (city, state or otherwise).

Thanks for info.

 

[Dogbait]

City of Fairview seems to not allow firearms in parks or city w/o a CHL.

Chapter 12.30
PARK RULES AND REGULATIONS

L. No firearms or explosive devices of any kind shall, without permit, be permitted upon or within any public park or premises within the city.