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Ashland OC Ban

We-the-People

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I've missed something... how would them banning OC cause more of it?

As it is currently they get the occasional open carrier and the even less occasional long gun carrier.

If they pass their local ordinance, per ORS 166.170 and 166.173 they can ONLY regulate the carry of LOADED firearms by those without a CHL. If you don't have a CHL you can still open carry an unloaded firearm and if you do have a CHL their ordinance does not affect you....i.e. continue to carry loaded and openly if you desire.

If their ordinance is passed, local activists have vowed to ensure that they see far more guns on their streets in protest and to reinforce the FACT that they themselves have made themselves the "destination of choice" for every open carry activist in Southern Oregon. And many won't limit themselves to handguns....in protest.

Does that answer your question?
 

We-the-People

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It does. Thanks.

No problem.

By the way, during my current research on EVERY CITY in Oregon, your city (EUGENE) has NO problematic firearms regulations. None exceed their authority and they have no bans on loaded carry in public places, parks, or emergency rules allowing regulation of firearms.

That's great for a larger city!!!
 

Jeff. State

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I suddenly was reminded today that this was supposedly being voted on May 6. Did anything happen? I cant find any mention of it on Ashland city council minutes.
 
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LibertyAshland

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Ashland, Ore
I suddenly was reminded today that this was supposedly being voted on May 6. Did anything happen? I cant find any mention of it on Ashland city council minutes.

It was, but they kicked the can another two weeks as they had an easy win with a plastic bag ban instead! Liberty! Ashland spoke out against the plastic bag ban, but it's like screaming into the wind.

more here facebook.com/libertyashland

Unconstitutional Gun Carry Ban slated for meeting 3rd Tuesday of this month... looking for another good turn out of supporters so please plan to attend if you're relatively local!
 
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rightwinglibertarian

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well unfortunately for the bureaucrats and libtards any ordinance banning open carry is null, void and can simply be ignored unless there is a specific ordinance giving Ashland the right to make this decision.


§ 166.170 State preemption
(1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

(2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void
 

rightwinglibertarian

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So that means we can ignore Portland's loaded OC ban, right?

Possibly. The key wording is Except as expressly authorized by state statute. Also even if there is nothing in state statute and the city ordinance is invalid the LEOs will not accept that fact. Before you even attempt a thing like that read and research.
 

We-the-People

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ORS 166.173 gives cities and counties the express authority to enact bans for LOADED carry. Such ordinances do not affect or apply to those with CHLS according to the ORS. Kinda funny how they say that and yet if you have a CHL you WILL get hassled in Portland...that's affected in my book!

Ashland's ordinance, as revised after I "read them the riot act" on the ORS restrictions and LibertyAshland got involved, is within the constraints of the ORS's.

If it is passed, they will become "the destination of choice for every open carry activist in Southern Oregon" as I warned them at my first use of the public forum. Many of those open carriers will also be sporting the forbidden to discuss here type of firearms, to make a serious statement.

They know the consequences, only time will tell if they make the mistake of passing their feel good ordinance.
 

rightwinglibertarian

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ORS 166.173 gives cities and counties the express authority to enact bans for LOADED carry. Such ordinances do not affect or apply to those with CHLS according to the ORS. Kinda funny how they say that and yet if you have a CHL you WILL get hassled in Portland...that's affected in my book!

Well..... while a violation of the Second Amendment it could be worse. LEOs are not allowed to stop a citizen solely because they are bearing arms.

http://forum.opencarry.org/forums/s...f-the-felony&p=2059521&viewfull=1#post2059521

As such an LEO cannot and will not know whether the weapon is loaded or not unless he robs you of your firearm and then the illegal seizure will mean there is no case.
 

Primus

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Well..... while a violation of the Second Amendment it could be worse. LEOs are not allowed to stop a citizen solely because they are bearing arms.

http://forum.opencarry.org/forums/s...f-the-felony&p=2059521&viewfull=1#post2059521

As such an LEO cannot and will not know whether the weapon is loaded or not unless he robs you of your firearm and then the illegal seizure will mean there is no case.

Lol... or he could just stand behind you and see the magazine in the firearm.... and depending on the wording of the statute just having the magazine in might be loaded. Also, since its not common practice to carry with empty magazines in the gun I'd say enough RS to stop and inquire.

Also, some firearms have a loaded chamber indicator on them, which depending on the holster may he visible from just standing near you. Plain view....

Sent from my XT907 using Tapatalk
 

DaveT319

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Lol... or he could just stand behind you and see the magazine in the firearm.... and depending on the wording of the statute just having the magazine in might be loaded. Also, since its not common practice to carry with empty magazines in the gun I'd say enough RS to stop and inquire.

"Common practice" has nothing to do with anything. I would say that carrying an AR15 type rifle is not common practice for defensive purposes, but that doesn't mean it's illegal.

The Portlandia ordinance (if I recall correctly) simply says that there cannot be ammo in the gun OR in a magazine in your pocket. I don't think there's any stipulation about an empty magazine in the gun, but I'll check to be sure. But because of that, if I lived in Portlandia, I would be sure to walk around with an empty mag in the gun, just to screw with the police. Hell, I might even put a Snap Cap in the chamber just to up the ante.

Man, I can't believe this state allowed municipalities to ban loaded open carry. If you are going to allow open carry, you have to recognize how utterly useless an unloaded gun is for self-defense, especially when Portlandia goes the extra step of not even allowing a loaded mag in your pocket. Might as well not even carry at that point...
 

We-the-People

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The unload firearm and empty magazine provisions of all these ordinances create a DOUBLE problem for government agents.

They must have RAS to detain you. In order to develop sufficient RAS in the state of Oregon to make a detainment under these ordinances a government agent must SIMULTANEOUSLY has RAS that:

1) The firearm is loaded or the magazine in your pocket/mag carrier etc. is loaded

2) That you do not have a CHL

A magazine in your firearm does NOT mean that you have a loaded weapon. In fact, if you're not a CHL holder, it would be quite common to carry with a magazine in the well in order to keep dirt our of the weapon.

Absent personal knowledge of who you are an officer cannot reasonable develop the requisite suspicion that you do not have a CHL when the state is a SHALL ISSUE state.

If any of these ever get taken up the judicial ladder the ordinances will fail so long as the OC'er did not give consent and the record shows that.
 

DaveT319

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I noticed that right away too. You must submit to a check, but if you have a CHL you don't have to submit to that check. Now, if we maintain that when doing nothing wrong that we don't have to ID ourselves and also can refuse to answer any questions, then it seems completely unenforceable. And it certainly does not seem like they have the RAS to even stop you, since loaded carry is not illegal if you have a CHL, yet a CHL holder is under no obligation to prove that when stopped.

Am I breaking it down accurately?
 

Jeff. State

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Lol... or he could just stand behind you and see the magazine in the firearm.... and depending on the wording of the statute just having the magazine in might be loaded. Also, since its not common practice to carry with empty magazines in the gun I'd say enough RS to stop and inquire.

Also, some firearms have a loaded chamber indicator on them, which depending on the holster may he visible from just standing near you. Plain view....

Sent from my XT907 using Tapatalk


Thank you for the Smithfield/Swift POV on this topic.

I would hope that any "law abiding" citizen defend TO THE DEATH (towards the aggressor) their NATURAL rights. The more TYRANTS try to oppress others the more I hope the oppressed "put down" those in the wrong.


Many an enFORCER like yourself would look to circumvent NATURAL LAW to violate the rights of another human being based on the "codes" of men.
 
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