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Portland's loaded firearm ban upheld

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,069
Location
Cincinnati, Ohio, USA
http://www.courthousenews.com/2012/09/24/50550.htm

"A sharply divided Oregon appeals court upheld Portland's ban on carrying loaded firearms in public, affirming a lower court's conviction of city resident on a pair of concealed weapons charges.

Jonathan Christian was charged with carrying a concealed firearm without a permit, in violation of Oregon law, and of carrying a loaded firearm in a public place, in violation of a Portland ordinance. The district court convicted him on both counts, despite Christian's demurrer that the laws violated the Second Amendment..."

Does Oregon have any RKBA organizations? Is there any hope for full preemption?
 

davidmcbeth

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Jan 14, 2012
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16,167
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earth's crust
Does not mean anything ... will be decided by a higher court no matter how it was ruled upon here.

If the guy has the $$ to move forward that is.
 

Cremator75

Regular Member
Joined
Aug 22, 2007
Messages
392
Location
Beaverton, Oregon, USA
He should have known better than to carry concealed without a license. That is state law. If he would have been OC he would have a better chance of challenging Portland's statute of no loaded OC without a license.
 
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OC for ME

Regular Member
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Jan 6, 2010
Messages
12,452
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White Oak Plantation
I think that the city code violation is more of a add on charge. If you are gunna conceal w/o a permit be ready for the piling on when you get caught. I wonder what would have been the outcome if he had a CPL.
 

hermannr

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Mar 24, 2011
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Okanogan Highland
I still don't unerstand: 1: Why he had a loaded weapon in his backpack? (was he going hiking? that works in WA but not OR) and 2: Why did his backpack get searched by the police???? #2 is the really strange one, at least to me.

As to having a concealed weapon without a permit, and not meeting a .260 exemption...well....know the law.
 

We-the-People

Regular Member
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Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
Wow, that's some screwy sounding "logic" on the part of the majority. The way I read it they're saying that a lawful CHL holder is being reckless by carrying a loaded firearm in public?

"It does not prohibit a person with a permit to carry concealed weapons from knowingly carrying a not-unloaded firearm in a public place. It does not prohibit a person from carrying a recklessly not-unloaded weapon in a public place in order to engage in justified conduct - reasonable defense of self against felonious attack,"

I can't see that kind of "logic" surviving further appeal...then again, judges seem to try to rewrite things all the time so you just never know.
 
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