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Thread: Man with a rifle near school (Clasop County, Oregon)

  1. #1
    Regular Member Lord Sega's Avatar
    Join Date
    Jul 2010
    Warrenton, Oregon

    Man with a rifle near school (Clasop County, Oregon)

    LINK to posting on Clatsop County Sheriff's Office Facebook page

    Not much in the way of details, and from Scott Wintermute's apology reply post it sounds like he consented to the encounter.

    But, he was legally carrying the rifle, in an OC state, not in a city that bans loaded carry, not actually on the school's property.
    Even if he was on school property, no state / city law prohibiting, just Federal 1000' gun free school zone (don't know if he has a CHL for exemption of Fed law).

    "The firearms and Wintermute were run through law enforcement databases and everything was in order."...
    Why? Sounds like an 4th amendment violation / illegal detain and illegal weapon serial number search to me, unless he consented.

    "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

  2. #2
    Regular Member OC for ME's Avatar
    Join Date
    Jan 2010
    White Oak Plantation
    Given the facts of the incident listed in the FB post and the admission that a unreasonable fear of guns exists these days, yes, there is a 4A violation in my view. Logging road near school, on a deer hunt...

    Unfortunately, consent is irrelevant post Heien.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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