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Thread: McMinnville Oregon City Council hears resolution to ban Open Carry

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    McMinnville Oregon City Council hears resolution to ban Open Carry

    The News Register newspaper in McMinnville, OR reported today that tonight at 7 PM the McMinnville Oregon City Council will be hearing a resolution to ban Open Carry on McMinnville city streets and in all public places. As the City of McMinnville do not post their agendas ahead of time on their City website, this was the only notice the public got.

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    Oregon has a Public meetings Law

    http://www.doj.state.or.us/pdf/publi...ngs_manual.pdf

    What are the notice requirements for public meetings?

    A governing body must provide notice that is reasonably calculated to inform the public and all interested parties about the time, place and agenda of public meetings.


    http://www.doj.state.or.us/public_re..._guide.aspx#2c

    My state's equivalent to the Manual above provides also a verified complaint form for the citizen to address to the local DA.
    I am responsible for my writing, not your understanding of it.

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    I've sent an e-mail request to my City Councilman asking him to send me the notice requirements but, the City have never adhered to them and hire expensive law firms to keep them from being held to them.

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    Regular Member Lord Sega's Avatar
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    KathleenBlair, welcome to OCDO.

    Let us know what comes out of this meeting.

    If you (or someone else) is there, remind them of ORS 166.170 & ORS 166.173
    All they are allowed to create ordinance wise would be unlawful LOADED open carry of firearms without a CHL.
    Unloaded open carry and concealed carry (with CHL) will still be legal.
    Also, stop and detain to search the firearm to determine if loaded is a 4th amendment issue.

    Keep pushing for the info on notice requirements for public meetings.
    Not sure what can be done to force them to follow the requirements legally.
    But just letting them know they are being looked into may cause them to follow the rules.
    "Guns are not the problem … crazy is the problem” ... “We cannot legislate our society to the craziest amongst us.” - Jon Stewart
    “I do not love the bright sword for it's sharpness, nor the arrow for it's swiftness, nor the warrior for his glory. I love only that which they defend." - Tolkien

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    Regular Member rightwinglibertarian's Avatar
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    Regardless of any laws passed, they mean nothing. They are void and you are free to disobey them to your hearts content. In fact I strongly suggest doing so


    ORS 166.170

    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.
    Disobey!
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Regular Member Lord Sega's Avatar
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    Quote Originally Posted by rightwinglibertarian View Post
    Regardless of any laws passed, they mean nothing. They are void and you are free to disobey them to your hearts content. In fact I strongly suggest doing so
    Careful there: "Except as expressly authorized by state statute...", that's where ORS 166.172 & 173 come in, they "expressly authorize" cities to regulate discharge & loaded carry.

    I don't like it, I'm pro constitutional carry, but there it is.
    "Guns are not the problem … crazy is the problem” ... “We cannot legislate our society to the craziest amongst us.” - Jon Stewart
    “I do not love the bright sword for it's sharpness, nor the arrow for it's swiftness, nor the warrior for his glory. I love only that which they defend." - Tolkien

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by Lord Sega View Post
    Careful there: "Except as expressly authorized by state statute...", that's where ORS 166.172 & 173 come in, they "expressly authorize" cities to regulate discharge & loaded carry.

    I don't like it, I'm pro constitutional carry, but there it is.
    oh shoot (pun intended :P)! Good job there is a back-up plan. Article Six, Clause 2 of the Constitution itself

    This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
    ba dum tss! That takes care of the Oregon statues and OCDO rule 15. Still not law. Keep Calm and Carry On!
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by rightwinglibertarian View Post
    oh shoot (pun intended :P)! Good job there is a back-up plan. Article Six, Clause 2 of the Constitution itself



    ba dum tss! That takes care of the Oregon statues and OCDO rule 15. Still not law. Keep Calm and Carry On!
    Not really - the rule is still there.
    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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    Quote Originally Posted by KathleenBlair View Post
    I've sent an e-mail request to my City Councilman asking him to send me the notice requirements but, the City have never adhered to them and hire expensive law firms to keep them from being held to them.
    Yes, welcome to OCDO. It is not your commission as a citizen to hold the City Council to their legal requirements. It is first the Councilmen's responsibility, then their corporate counsel, and ultimately the responsibility of the State in the person of the District Attorney. If the DA is given effective and constructive notice and takes no action, then appeal to the Attorney General and the Governor - with effective constructive notice.

    I'll try to copy to here Wisconsin's Verified Complaint Form. Well, the formatting failed. It is Appendix B of this document linked here
    http://www.doj.state.wi.us/sites/def...guide-2010.pdf
    Last edited by Nightmare; 07-29-2015 at 07:40 AM.
    I am responsible for my writing, not your understanding of it.

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Not really - the rule is still there.
    Of course it's there. But taken care of as the proposed legislation is not and never will be law. It cannot be due to the supremacy clause. Now we can either debate this or the good people of the area can engage in civil disobedience until the powers that be realise they were foolish to suggest this idea. And depending on who it was who proposed this, i'd consider prosecution for violating ones oath if applicable. In any case suggesting an illegal so-called law is unacceptable and there must be consequences
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Regular Member Lord Sega's Avatar
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    "Guns are not the problem … crazy is the problem” ... “We cannot legislate our society to the craziest amongst us.” - Jon Stewart
    “I do not love the bright sword for it's sharpness, nor the arrow for it's swiftness, nor the warrior for his glory. I love only that which they defend." - Tolkien

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    Regular Member Lord Sega's Avatar
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    If someone in the area wants to plan an OC potluck / cookout...
    It's a 4 hour drive for me, but with enough heads-up I could probably make it.
    "Guns are not the problem … crazy is the problem” ... “We cannot legislate our society to the craziest amongst us.” - Jon Stewart
    “I do not love the bright sword for it's sharpness, nor the arrow for it's swiftness, nor the warrior for his glory. I love only that which they defend." - Tolkien

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    Moderator / Administrator Grapeshot's Avatar
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    You can't fix stupid and clean up can be messy. There's a lot of ka-ching there.
    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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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by Lord Sega View Post
    If someone in the area wants to plan an OC potluck / cookout...
    It's a 4 hour drive for me, but with enough heads-up I could probably make it.
    I love your attitude. I don't believe however such a meeting would be allowed to be pursued from OCDO. You'd have to PM Grapeshot. If not I can create a link to an offsite location and set up the event from there. I do of course agree such so-called laws need to be immediately challenged and protested. The minute we see them as valid laws and lay down our arms literally and proverbially is the day we lose another battle and become just like the rest of the sheep. The only way I could make it is if I had a ride from Portland. I don't drive and travel is difficult

    EDIT: Well thats not happening either. I'm in a Seattle Mission and can't afford the cost of travel even that far. However I can still use my news page to organize an event if OCDO decides they won't allow onsite
    Last edited by rightwinglibertarian; 07-31-2015 at 01:41 PM.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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