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Thread: Springfield Oregon

  1. #1
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    Springfield Oregon

    i am looking for clirification on an issue. i have heard opencarry is legal in springfield, illegal in springfield, and illegel in springfield parks and recreation areas. also i have heard it is not legal to carry loaded.not legal to caryy chambered..... bvlah blah blah. calling leo get more confusion so is there someone who can spell out the details in plain english for those of us who are confused.

  2. #2
    Regular Member hermannr's Avatar
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    Quote Originally Posted by papa smurf View Post
    i am looking for clirification on an issue. i have heard opencarry is legal in springfield, illegal in springfield, and illegel in springfield parks and recreation areas. also i have heard it is not legal to carry loaded.not legal to caryy chambered..... bvlah blah blah. calling leo get more confusion so is there someone who can spell out the details in plain english for those of us who are confused.
    I can't find the reference right now, but it is my understanding that the City Of Springfield does have a Parks and recreation district restriction on UNLICENSED carry...They have no say if you have a CHL and you can OC or CC everywhere ORS 166 says you can with a CHL.

    So, can you OC in Springfield? Yes, and no. With a CHL, yes you can.

    Without a License to carry you cannot loaded carry (OC or CC) in a City of Springfield Park, or a parks and recreation controlled building, however, unlicensed you can loaded OC in the City of Springfield.

    Yes, I read the law, and so should you...I'm just sorry I could not get you a link...I'll keep trying

    ok, here it is: (My bold)

    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.]

    As you will see from this (5.118 Weapons—Unlawful Discharge or Use of a Dangerous Weapon) the discharge is prohibited in teh City itself, but not the carry. The restriction on UNLICENESED carry is only with parks and recreation facilities.
    Last edited by hermannr; 08-10-2012 at 04:31 PM.

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    thank you.

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    Does eugene have a law like this and what site do you use to look up eugene laws please?

  5. #5
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Quote Originally Posted by TheHossUSMC View Post
    Does eugene have a law like this and what site do you use to look up eugene laws please?
    Usually I search for the city I'm looking for and "municipal codes". So for Eugene, this site comes up: http://www.eugene-or.gov/DocumentCenter/Home/Index/262

    Offenses is the section likely to prohibit firearms, so I clicked on that. Interestingly enough, I found this unconstitutional law:

    Weapons - Discharging Firearms. Except on established ranges, no
    person other than a peace officer in line of duty shall discharge a gun,
    including spring or air-actuated pellet gun, air gun or BB gun, or other
    weapon which propels a projectile by use of gunpowder or other explosive,
    jet, or rocket propulsion.
    No exception for self-defense means unconstitutional in my book.

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    Quote Originally Posted by bigtoe416 View Post
    Usually I search for the city I'm looking for and "municipal codes". So for Eugene, this site comes up: http://www.eugene-or.gov/DocumentCenter/Home/Index/262

    Offenses is the section likely to prohibit firearms, so I clicked on that. Interestingly enough, I found this unconstitutional law:

    ORS 166.172 - Authority of city to regulate discharge of firearms
    (1) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the citys boundaries.
    (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:
    (a) A person discharging a firearm in the lawful defense of person or property.
    (b) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.
    (c) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 3; 2009 c.556 2]
    Would the city ordinance be VOID under 166.170 - State Preemption if it lacks the required exemptions?

  7. #7
    Regular Member hermannr's Avatar
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    Quote Originally Posted by Dogbait View Post
    ORS 166.172 - Authority of city to regulate discharge of firearms


    Would the city ordinance be VOID under 166.170 - State Preemption if it lacks the required exemptions?
    I would say that they could charge you, but it would not stick...in a SD situation, In the other other situations, it would depend on your lawyer. Yes, it does not have a provision for SD exemption, or even for your discharge of a weapon in support of LE (that does happen, like the guy in TX that took out a person with a rifle firing on a LEO.) Poorly written, possibly completely void because of the oversight.

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