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Thread: Loaded Mags in the car in the Portland Metro

  1. #1
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    Loaded Mags in the car in the Portland Metro

    Hi guys-

    I have been reading other posts about loaded mags when OC in Portland. This post has more to do with transport of guns and ammunition in Portland.

    I have taken a job in Hillsboro and reside in Happy Valley at the moment so I do alot of commuting through portland.

    Being unwilling to leave my rifle and handgun at a rental residence I keep it in the trunk of my car. Parking at work is secure in a gated lot, and at the rental I have a garage so I am not really concered about it being stolen.

    My readings though have me thinking I must unload all magazines even if the gun is in the trunk in Portland (Beaverton, Tigard, etc). So this being the case, last night I emptied 6 magazines of rifle and handgun cartridges and stowed them in a duffle bag in the trunk with the guns.

    This is just perposperous to me. What if I needed them? "Please hold on while I load my gun!"

    I hate this town and it's opinion that it can supersede state law with BS ordinances.

    Ok, finished my rant...

    TY

  2. #2
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    Went back to Bend today.

    Stopped in Sandy and loaded up the damn mags!

  3. #3
    Regular Member MNMGoneShooting's Avatar
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    Ridiculous! I miss that area, but man, I love Virginia's gun laws. I'm obviously spoiled over here!

  4. #4
    Regular Member VW_Factor's Avatar
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    Not that I advocate breaking even PDX unlawful city ordinance..

    You have things locked in the trunk, how would anyone ever know unless you either told them, or allowed them to search?
    Quote Originally Posted by Beretta92FSLady
    I am no victim, just a poor college student who looks to the day where the rich have the living piss taxed out of them.

  5. #5
    Founder's Club Member thebigsd's Avatar
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    Does Oregon have state pre-emption? If so then the Portland ordinance would be pre-empted (and therefore illegal) and thus one could disobey the ordinance at will. Or am I missing something?
    "When seconds count between living or dying, the police are only minutes away."

  6. #6
    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by thebigsd View Post
    Does Oregon have state pre-emption?
    Yes.

    They are only legally able to regulate loaded condition of carry. Not the carry of magazines, nor unloaded carry.
    Quote Originally Posted by Beretta92FSLady
    I am no victim, just a poor college student who looks to the day where the rich have the living piss taxed out of them.

  7. #7
    Regular Member hermannr's Avatar
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    If you have a CHL just forget Portland and their screwy law, it does not apply. Don't have a CHL...Get one.

    As for loaded mags...Portland does not have the legal right to require you to unload you mag, only your weapon, and only then, if you do not have a license. Does Portland's ordinance say mags too...yes, but they cannot enforce that part.

    As was stated, if the weapons are in the trunk, why would they even know? They can only open your trunk if you allow them to, or you are being stopped incodent of a crime...traffic infractions are not "crimes"...they are infractions...officer asks : "Do you have anything I need to know about" or "do you have any weapons in the vehicle"...the answer is "I have nothing illegal." if they ask if they can search your car, ask them if they have a warrent...no warrent, no search.
    Last edited by hermannr; 04-06-2012 at 06:23 PM.

  8. #8
    Regular Member We-the-People's Avatar
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    While Portlands ordinance requiring magazines to be unloaded is arguably in violation of state premption (ORS 166.170 and 173) it has not yet been tested in the courts. Since being a "test case" is expensive, take that into consideration when making your decision.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  9. #9
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    To Whomever it may Concern:

    The Oregon Appeals Court has Held that The Interior of Your Vehicle, DOES, Oddly enough, Constitute a Public Place for The Purposes of The Prohibitions Enumerated under The Exceptions of Oregons' Preemption Statute, thereby; Allowing Local Governments to Prohibit Loaded Carry in Those Public Places which Specifically Elect to Enact Those Prohibitions.

    HOWEVER, as is Stated on This Forum, a Licensee is Exempt from Locally Enacted Loaded Carry Bans.

    aadvark

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