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Thread: Beaverton open carry ban question.

  1. #1
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    Beaverton open carry ban question.

    I looked on the sticky but the link to the beaverton code just goes to the main page, I clicked oregon and beaverton isn't in there.

    So as I understand it, open carry is banned in public places, but does that include a loaded carry ban in your automobile?

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    Moderator / Administrator Grapeshot's Avatar
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    Welcome to the forum countryboy1982.

    Oregon has a statute that prempts local ordinances - that would make any ban invalid.

    § 166.170¹
    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. [1995 s.s. c.1 §1]

    http://www.oregonlaws.org/ors/166.170
    Last edited by Grapeshot; 01-02-2015 at 11:13 AM. Reason: formating
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    Regular Member 1245A Defender's Avatar
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    Well,,,

    that all looks good grape,, but
    like colorado,, oregons "premeption"... isnt "really" what it seems!
    Six cities already had"no guns, here or there laws" on the books...
    these laws got "grandfathered"...

    look it up...
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    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

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    it is their right and duty to be at all times ARMED!

  4. #4
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by 1245A Defender View Post
    that all looks good grape,, but
    like colorado,, oregons "premeption"... isnt "really" what it seems!
    Six cities already had"no guns, here or there laws" on the books...
    these laws got "grandfathered"...

    look it up...
    WHAT?

    That in spite of "Ordinances that are contrary to this subsection are void."

    So the statute doesn't really mean what it would seem to say - I gotta learn to read the fine print.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    As long as you have a Oregon concealed weapons permit you can carry how you want. But without, Beaverton, and some other cities/counties, has an code against loaded firearms.


    This is the issue:

    http://www.oregonlaws.org/ors/166.173


    Authority of city or county to regulate possession of loaded firearms in public places

    (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015 (General definitions).

    (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

    (a) A law enforcement officer in the performance of official duty.

    (b) A member of the military in the performance of official duty.

    (c) A person licensed to carry a concealed handgun.

    (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370 (Possession of firearm or dangerous weapon in public building or court facility).

    (e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3]

    Beaverton City code:

    http://www.codepublishing.com/OR/bea....html#5.08.240

    5.08.240 Unlawful Carrying of a Loaded Firearm.

    A. No person in a public place shall carry a firearm upon the person unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine.

    B. Subsection A of this section does not apply to or affect:

    1. A law enforcement officer in the performance of official duty.

    2. A member of the military in the performance of official duty.

    3. A person licensed to carry a concealed handgun.

    4. A person authorized to possess a loaded firearm while in or on a public building under ORS 166.370.

    5. Any person summoned by any law enforcement officer to assist in making arrests or preserving the peace, while said person so summoned is actually engaged in assisting the officer.

    6. A corrections officer while transporting or accompanying an individual convicted of or arrested for an offense and confined in a place of incarceration or detention while outside the confines of the place of incarceration or detention.

    7. When authorized by the officer’s employer, a parole and probation officer, as defined in ORS 181.610, may carry a firearm while engaged in official duties if the officer has completed: (1) A firearms training program recognized by the Board on Public Safety Standards and Training; and (2) A psychological screening.

    8. An armed private security officer, proprietary security manager or security contractor certified and permitted by the Department of Public Safety Standards and Training to possess a firearm while in the performance of their duties.

    C. A person who violates this section commits a Class A misdemeanor. [BC 5.08.240, added by Ordinance No. 4084, 2/7/00]

  6. #6
    Regular Member Lord Sega's Avatar
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    Quote Originally Posted by Countyboy1982 View Post
    I looked on the sticky but the link to the beaverton code just goes to the main page, I clicked oregon and beaverton isn't in there.

    So as I understand it, open carry is banned in public places, but does that include a loaded carry ban in your automobile?
    In Beaverton Loaded Open Carry is not allowed, you can still open carry unloaded. Note that (like Portland and other cities) they have the "unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine" addition.
    Under ORS 166.170 preemption, requiring the clip or magazine to be unloaded is void, only the firearm must be unloaded (ie chamber / cylinder).

    Beaverton city code 5.08.240 Unlawful Carrying of a Loaded Firearm

    I have not heard of any changes since this court ruling. I'm looking to see if there is anything more current.
    Home this helps, or at least points you in the right direction.

    With a CHL you can loaded carry in your automobile (OC or CC, loaded or unloaded), but without a CHL a city that bans loaded carry includes your car as a "public place".

    December 2008 OFF article

    The court's logic is suspect, but they conclude that cities can have the unloaded firearm ordinance under state law (166.173) in public places, and your car being on public roads is in a public place.

    IMO, the car may be in a public place, but the interior and it's contents are not public nor are they public assessable without the owner's permission or the "public" committing a crime by breaking into the car.

    I can kind of understand the court's reasoning. Public vs private in this context is looking at the location (land) and an automobile is mobile and can move from your private (land) property (ie your home's driveway) onto public (land) property (ie parked on a city street downtown). So while the car is your private property and the car itself is not a "public place", if it is IN a public place then it falls under the unloaded firearm in public ordinance.
    "Guns are not the problem … crazy is the problem” ... “We cannot legislate our society to the craziest amongst us.” - Jon Stewart
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  7. #7
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    Like Sega said, you need a CHL to carry a loaded firearm in Beaverton (as well as Portland and all of Multnomah county) and case law says that your car is a public place. Other "public places" can include your front porch and yard. It is unenforceable as they can't stop you and make you produce a CHL or allow them to inspect the firearm unless you are in a public building.

    However I must disagree that ORS 166.170, 166.173, and 161.015 do not define what constitutes a loaded firearm. In fact the only definition of a "loaded firearm" in the ORS is in ORS 166.360 and only applies to 166.360 through 166.380. In this definition you could have a loaded magazine as long as it was not attached to the firearm. If I was in court I'd try to use that definition, but it is not defined in the ORS for the purposes of the loaded carry ordinances. I have no idea why politicians keep passing vague laws.
    Last edited by SteveM; 01-02-2015 at 08:26 PM.

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    "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

  9. #9
    Regular Member We-the-People's Avatar
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    Just want to clarify......

    With a CHL there are NO LOCAL ORDINANCES which apply. NONE. You many openly or concealed carry a loaded weapon and be perfectly within the law.

    Without a CHL, you must unload IF you are in a "loaded open carry" "ban" city and that includes within your vehicle.
    "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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    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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