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ot-ish firearm report closes Burnside Bridge

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
If the facts are as reported and they fight the charges in court it should be dropped or an acquittal. Maybe not in the initial trial but certainly on appeal. There is no such charge as "handling an assault rifle in public" so they're probably using "disorderly conduct" which requires INTENT or RECKLESSNESS AND does one of the "qualifying" things as listed below. ORS 166.023 disorderly does not apply as it only pertains to making reports.

Unless they obstructed vehicular or pedestrial traffic....note that they must obstruct it, not cause some ninny to be concerned.... they should be fine.
Also note that (g) is unlikely to apply as it is a right to bear arms in this state.

The other potential ORS they might try is "menacing" but that too is not relevant and is shown below. That charge requires INTENT to place another in fear of imminent serious physical injury....doesn't seem to apply.


163.190 Menacing. (1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

(2) Menacing is a Class A misdemeanor. [1971 c.743 §95]



166.025 Disorderly conduct in the second degree. (1) A person commits the crime of disorderly conduct in the second degree if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:

(a) Engages in fighting or in violent, tumultuous or threatening behavior;

(b) Makes unreasonable noise;

(c) Disturbs any lawful assembly of persons without lawful authority;

(d) Obstructs vehicular or pedestrian traffic on a public way;

(e) Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse;

(f) Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or

(g) Creates a hazardous or physically offensive condition by any act which the person is not licensed or privileged to do.

(2) Disorderly conduct in the second degree is a Class B misdemeanor. [1971 c.743 §220; 1983 c.546 §5; 2001 c.104 §55; 2005 c.631 §1]
 

Dogbait

Regular Member
Joined
Apr 8, 2010
Messages
155
Location
Oregon
This needs more exposure. Figures the Portland police would pull DC out. Just the other day they were "in support" of our constitutional rights at the gun drop off.

Sent from my PC36100 using Tapatalk
 

DocWalker

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Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
"(f) Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or"



Sounds like anyone calling 911 with a MWAG call and it is just someone OCing "legally" the caller should be charged with disorderly conduct under this one. Initiates a report knowing it to be false concerning an alleged or impending crime".
 

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
Wow they had an actual military M-16 and not just a legal AR-15 according to the report.

They also released pictures of the camo. Since when did camo becoame illegal or cause a panic?
 

bwboley

Activist Member
Joined
May 24, 2010
Messages
252
Location
Portland/Vancouver, ,
Looking at the pic its a AR15 M4 carbine it has fire and safe it has no spot for full auto or 3 round burst.
I have a ar15 that i built
FB_IMG_13445598025916814.jpg
 

bwboley

Activist Member
Joined
May 24, 2010
Messages
252
Location
Portland/Vancouver, ,
he two men charged, 29-year-old Anthony Joseph Quayle and 35-year-old John Brien Walterich, were arrested and charged with Unlawful Possession of a Firearm and Disorderly Conduct in the Second Degree and booked into the Multnomah County Jail. Per Portland police fb page.
 

Metalhead47

Regular Member
Joined
Apr 20, 2009
Messages
2,800
Location
South Whidbey, Washington, USA
he two men charged, 29-year-old Anthony Joseph Quayle and 35-year-old John Brien Walterich, were arrested and charged with Unlawful Possession of a Firearm and Disorderly Conduct in the Second Degree and booked into the Multnomah County Jail. Per Portland police fb page.

OC of a long gun IS legal in OR, isn't it? No special requirements to own a semiauto EBR, right? Where the heck are they getting the "unlawful possession" garbage. (but now my wife understands why I never want to go to Portland.)
 

Enginerd

New member
Joined
Aug 24, 2012
Messages
2
Location
Klamath Falls, OR
OC of a long gun IS legal in OR, isn't it? No special requirements to own a semiauto EBR, right? Where the heck are they getting the "unlawful possession" garbage. (but now my wife understands why I never want to go to Portland.)

Isn't there a law in Portland that prohibits OC without a CCL?
 

Mattimusmaximus

Regular Member
Joined
Aug 20, 2012
Messages
257
Location
Hillsboro
Is thi the bearded men for Brest cancer on the news? If so the caller said that some men had an assault rifle and put it under a blanket to hide it. Police said they had ammo and the gun an only the two men who handled it were charged. They used it as a prop to take a photo and they closed the bridge down and had guns on them... This is total bull shat. In Portland it's a loaded carry ban and it was unloaded! I think the caller should be responsible for some of the alarm case that's just adding to what was just a "photo" shoot nothing more
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
Maybe they got them on their BS "loaded magazine" ban ordinance?

It's Portland, unless they take it to trial we may never know. Hopefully someone in the know has gotten ahold of these men.
 
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