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Thread: Newport OR. ??????

  1. #1
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    Newport OR. ??????

    I'm going camping in the Newport area for the July 4th long weekend. Planning on OC as I do everywhere else.

    Have any of you OC'd there, if so any issues???

    If I am OCing, the police still cannot ask for a CCL or ID without RAS of a crime, correct???

  2. #2
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by Jeff. State View Post
    I'm going camping in the Newport area for the July 4th long weekend. Planning on OC as I do everywhere else.

    Have any of you OC'd there, if so any issues???

    If I am OCing, the police still cannot ask for a CCL or ID without RAS of a crime, correct???
    They can and will ASK. It's whether you are required to provide ID or CHL.

    As Oregon is NOT a "stop and ID" state, the ID is a non issue. You do NOT have to provide ID even if they have legitimate RAS. I simply don't carry ID, leaving it in my vehicle when park.

    Now the CHL is another animal and I don't have an answer for you about how it REALLY works.

    In THEORY, they need RAS to detain you (in order to demand the CHL) and the mere possession of a weapon wouldn't give that RAS. There is "no firearms exception to the fourth amendment" per the US Supreme Court.

    In REALITY it's a pretty good bet that an officer is not going to care and is going to demand your ID and your CHL. The ID is a done deal (not required) but the CHL will ID you and it's unlikely he's going to give up on getting that. HOWEVER, if you want to be a test case, go for it!!

    I'll be going through there OC on a motorcycle during the week that includes the 4th so maybe we'll have some "word" on the situation.
    "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)
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    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.

  3. #3
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    If I remember correctly, Newport is an unloaded carry city. Can anyone confirm this?

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    Regular Member We-the-People's Avatar
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    Quote Originally Posted by carracer View Post
    If I remember correctly, Newport is an unloaded carry city. Can anyone confirm this?
    Check the pamphlet and the cities muni code (available online). Section 8.20.005 covers firearms.
    "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.

  5. #5
    Regular Member hermannr's Avatar
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    Quote Originally Posted by Jeff. State View Post
    I'm going camping in the Newport area for the July 4th long weekend. Planning on OC as I do everywhere else.

    Have any of you OC'd there, if so any issues???

    If I am OCing, the police still cannot ask for a CCL or ID without RAS of a crime, correct???
    Oregon law has a specific provision for having to display (not give) a CHL if requested by LE. That is when you are IN a public building. For that law, and the definition of a "public building" see ORS 166.360-380.

    Otherwise: US Supreme Court in Delaware V Prouse states that demanding the display of a license for a licensed activity (under the color of law) is illegal if there is no other reason (RAS) for the contact.

    Two Appeals court rulings in the last couple years: 4th (Black) and 10th (Thompson) have ruled that stopping a person for an OC weapon, where it MAY be legal, is not RAS enough to ask for ID or license. These two rulings do not directly effect OR (9th), but as they were unanimous opinions they would hold a lot of influence.

    Conclusion: Yes, they can ASK, but they cannot demand. You are NOT legally bound to comply. My experience is, it is not a problem in OR, with a possible exception in Portland and those other local government's that have made use of ORS 166.173. Again, legally, they must have another reason for the stop, not just the OC.
    Last edited by hermannr; 06-20-2013 at 06:42 PM.

  6. #6
    Regular Member VW_Factor's Avatar
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    I have OC'd in Newport without issue.

    However, it is a "banned" city without CHL. Not that I would enjoy ID'ing myself, I wouldn't want to be a test case. Personally I would present CHL if specifically requested, answer no other questions. Ask if you are free to go.
    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
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    Make sure you do not answer questions.

    I speak from experience but If they ask you if its loaded plead the 5th, you haven't committed a crime and they have no suspicion otherwise. If you tell them its loaded they will want ID to verify and they will use it as leverage to walk all over your 4th amendment. Other than that they are there to check your sanity and make sure your not a lunatic, but they don't need your name information or property to do so. Don't lie just say you are not required to answer questions being there is no crime. Just like everyone else I ain't a lawyer, I just speak from experience in a unloaded zone.

    Have fun on your trip.

  8. #8
    Regular Member We-the-People's Avatar
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    Open Carried in Newport last week. No issues.
    "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.

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