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Thread: Loaded Firearm Carry Ban Cities

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    Founder's Club Member - Moderator Gray Peterson's Avatar
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    City of Portland Code 14A.60.010

    City of Beaverton Code 5.08.240

    City of Salem, Code Section 95.095

    City of Tigard Ordinance 7.32.125

    City of Oregon City Code 9.24.020

    City of Dallas Code 5.104, Specific to City Parks

    City of Independence Code 9.24.1, pre-1995 ordinance that affects various public places, that does not exempt CHL holders, go to page 95 of the .pdf file

    City of Bend, Code 5.320(1)(l), Specific to City Parks Only

    City of Newport, Code 8.20.005

    ORS 166.173:

    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.
    (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. [1995 s.s. c.1 §4; 1999 c.782 §8]

    Public Places are Defined as:

    ORS161.015(10) “Public place” means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation. [1971 c.743 §3; 1973 c.139 §1; 1979 c.656 §3; 1991 c.67 §33; 1993 c.625 §4; 1995 c.651 §5]782 §8]

    Note the following:

    1) The state of Oregon's legal environment for open carry is similar to Virginia's between 2003 and 2004, when Concealed Handgun Permit holders were exempt from any locally passed open carry bans. I do not expect a repeal of ORS 166.173 in the current political environment.

    2) Though cities and counties may pass "loaded firearms" bans in public places, districts do not have this authority. This means that TriMet, Metro, Cherriots (SAMTD) and Tualatin Hills Parks and Recreation District (As an example) do not have the authority to regulate firearms in any way shape or form.

    3) I expect Oregon to be much more resistant to open carry training bulletins than Washington State, suprisingly enough.


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    To your knowledge has there been any ordinances passed at the county level? I'm wanting to head down to Fry's in Wilsonville tomorrow to pick up a digital voice recorder* and I don't want to walk into lion's den unknowingly.


    *Fry's has an Olympus VN4100 on sale for $30.

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    Phssthpok wrote:
    To your knowledge has there been any ordinances passed at the county level? I'm wanting to head down to Fry's in Wilsonville tomorrow to pick up a digital voice recorder* and I don't want to walk into lion's den unknowingly.


    *Fry's has an Olympus VN4100 on sale for $30.
    None have passed at the county level to our knowledge. I checked Wilsonville Code and Clackamas County Code and there's nothing.

    -Lonnie

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    Sweet!

    I'll give you folks an update tomorrow on Fry's reaction, and a first impression review of the DVR.

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    Add Springfield to the list - Park & Recreation Facilities.

    I just discovered (the easy way, I looked it up) the City of Springfield bans loaded firearms in any public park and recreation district facility.

    Springfield Municipal Code: http://www.qcode.us/codes/springfield/
    5.286 Possession of Loaded Firearms Prohibited.
    Except as provided in ORS 166.173(2), it shall be unlawful for any person to possess any loaded: firearm, rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism by whatever name known which is designed to expel a projectile through a gun barrel by the action of any explosive powder, gas, compressed air, spring or elastic mechanism at any public park and recreation district facility open to or frequented by the public, including, but not limited to, parks, roads, buildings, and parking lots. This prohibition shall not apply to activities sponsored or authorized by a park district. The above offense is punishable as a violation and subject to a fine not exceeding $720.00 pursuant to SMC section 1.205. [Section 5.286 amended by Ordinance No. 6169, enacted May 15, 2006; further amended by Ordinance No. 6173, enacted May 15, 2006.]

    I read the ordinance No. 6173, and it was revised in 2006 because it used toban firearms in the parks.It was revised because it was in violation of ORS 166.170 (Preemption), so they modified it to fall under ORS 166.173 (ability for city and county to regulate firearms in public places).

    CHL holders are, of course, exempt from this Springfield city law.

    ...Orygunner...

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    *Fry's has an Olympus VN4100 on sale for $30.

    Wow! That's a smokin' deal! I may have to pick one of those up this weekend. Is Fry's OC friendly?

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    I had no problems, but note that this thread is over a year old!

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    As a rule I open carry when at Frys and/ or Walmartwhile in Wilsonville; perhaps some 20 times or so w/o incident.

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    first, forgive me for bringing this up from long ago.

    i am confused, if you have a OR CPL does that mean you can carry a loaded firearm within the city limits of these cities?

    also, since CPL carriers are exempt from the bans, can they open carry within these cities, or is it strictly concealed carry with the license only?

    i ask because i live in Washington and love the ease to open carry, but do alot of work in Portland and would really like to be able to open carry, but i wasn't sure if it was legal or if i could only conceal carry.


    Thanks in advance

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    codegeek2004 wrote:
    first, forgive me for bringing this up from long ago.

    i am confused, if you have a OR CPL does that mean you can carry a loaded firearm within the city limits of these cities?

    also, since CPL carriers are exempt from the bans, can they open carry within these cities, or is it strictly concealed carry with the license only?

    i ask because i live in Washington and love the ease to open carry, but do alot of work in Portland and would really like to be able to open carry, but i wasn't sure if it was legal or if i could only conceal carry.


    Thanks in advance
    Yes, that is what it means. An Oregon CWP holder is excepted from any such prohibition from any of these cities/entities - either open or concealed.

    -adamsesq

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    now is there any differences between a residential CPL and an out of state CPL.


    and it sounds like once you have a CPL the laws become more like the ones in Washington. which is nice, i really like the whole OC concept over CC. so all i need to do now is get the OR CPL. that should be fun

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    codegeek2004 wrote:
    now is there any differences between a residential CPL and an out of state CPL.


    and it sounds like once you have a CPL the laws become more like the ones in Washington. which is nice, i really like the whole OC concept over CC. so all i need to do now is get the OR CPL. that should be fun
    The only differences are that you can apply to any county, and it's may-issue.

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    So OR will not except WA CHL?

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    Oregon does not recognize ANY other state's permit or licenses.

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    Phssthpok wrote:
    Oregon does not recognize ANY other state's permit or licenses.
    That is correct at this time, but there is a bill working it's way through the legislature to change that.

    If you live in a boarding state (Wa, Id, Nv, Ca) you can apply for a Oregon permit, as I understand it.

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    I would like a clarification from someone that lives in or around Bend. I read the link regarding the discharge of firearms but did not see anything that specifically banned the open carry of a firearm, could someone shed some light on this for me please. Also I will be coming through bend and Kalamath falls etc on my to PRK (Peoples Republic of Kalifornia).

    Any insight so I can avoid unecesary harassment by the po po would be great (sorry for the spelling, just getting moving)

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    tacmedic911 wrote:
    I would like a clarification from someone that lives in or around Bend. I read the link regarding the discharge of firearms but did not see anything that specifically banned the open carry of a firearm, could someone shed some light on this for me please. Also I will be coming through bend and Kalamath falls etc on my to PRK (Peoples Republic of Kalifornia).

    Any insight so I can avoid unecesary harassment by the po po would be great (sorry for the spelling, just getting moving)
    To answer this a few other questions:

    The Oregon Court of Appeals ruled that your locked car is a "public place" for the purposes of 166.173, the statute that allows the the localities to ban loaded OC.

    Under ORS 166.250, open carry in belt holsters is not concealed for the meaning of this section. Discribing your routing, you'll be fine if you open carry in your car. Just don't have a jacket over it and you'll be fine.

    I would recommend getting a CHL.

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    I guess I need to be more specific. I will be traveling through Oregon this coming week and obviously do not have time to get a CHL for your state. Therefore I am asking if there are any issues that I need to concern myself with about OC'ing down the hwy 97 corridor. I won't be stopping in at any parks since that seems off limits for law biding citizens to carry their firearms (I can't believe that was allowed to pass without major uproar from the 2A community). I have also seen that it is ok to OC in your car with out a permit.

    I am specifically curious about when I stop for gas or get a bite to eat am I going to be harassed for OC'ing, I have a Washington CPL but as has been previously stated it is not good in your state.

    Any sound advice would be appreciated, thanks.

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    I've a similar situation to tacmedic911: WA CPL travelling through OR too soon for an out of state CHL.

    I'll be OC while bicycling, if I understand correctly I'm not allowed onto school grounds and have to unload by removing the mag at the city limits of Portland.

    Neither Amtrak nor Greyhound will let me ride with a firearm whether checked or carried, so it's the charter bus or a carpool for my return.

    Anything else I should consider?

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    glibreaper wrote:
    I've a similar situation to tacmedic911: WA CPL travelling through OR too soon for an out of state CHL.

    I'll be OC while bicycling, if I understand correctly I'm not allowed onto school grounds and have to unload by removing the mag at the city limits of Portland.

    Neither Amtrak nor Greyhound will let me ride with a firearm whether checked or carried, so it's the charter bus or a carpool for my return.

    Anything else I should consider?
    Just a bit of info to keep you legal.

    In PORTLAND you must also remove the ammo from the magazine in addition to removing the magazine and all ammunition from the firearm.*

    I have yet to see the 'loaded magazine' restriction in any of the other 'loaded ban' cities' codes.


    * The loaded-but-detached mag ban is arguable unenforceable as it is not 'specifically authorized' by the state legislature. This remains untested. IANAL.

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    Phssthpok, if I remove the rounds from the magazine can I replace the empty mag in my gun? I'm going to be at the end of a 200 mile ride and I'm sure I won't feel like arguing with police or being arrested.

    --amended--
    I read the loaded weapon ban, having an empty mag in the gun looks okay.

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    glibreaper wrote:
    Phssthpok, if I remove the rounds from the magazine can I replace the empty mag in my gun? I'm going to be at the end of a 200 mile ride and I'm sure I won't feel like arguing with police or being arrested.

    --amended--
    I read the loaded weapon ban, having an empty mag in the gun looks okay.
    At first I thought you to be incorrect. However after reading through the text myself, I find that I must agree with your assessment.

    An empty magazine in the firearm is NOT prohibited under Portland's ordinance, and is, therefor, by default, legal.

    Doesn't mean you won't have to worry about involved discussions with the Jabbuts though.




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    Sorry complete newb question here. In salem can I have the loaded mag in my pocket or does it have to be unloaded as well?

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    Prior to getting my CHL when I would OC in Salem, I would take the ammo out put it on 1 pocket, put the mag back in the gun and gun in holster.



    Now I dont know if legally I was required too... I did it just incase of any interaction. I can load relatively fast

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    All depends on the cites laws. If I remember right Beaverton and Portland you cant even have ammo on you if you are open carry with out chl.



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