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Loaded Firearm Carry Ban Cities

Strangerer

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Aug 21, 2009
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Beaverton, Oregon, USA
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I'm not arguing; it is logically unenforcable. But, logic is often absent from enforcement, sad to say. Faced with a loaded-weapon restriction, it would make sense to carry a semi-auto like, say, my HP C9, unloaded in a strong-side OWB holster, with loaded mags in a weak-side belt pack. At need, just draw & load; GTG.

Of course, that's precisely what the authoritarians are wetting themselves about: the idea that unlicensed civilians can actually defend themselves.
 

PaxMentis

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Aug 13, 2009
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53
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Grants Pass, Oregon, USA
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We-the-People wrote:
I am SOOOOO Glad I finally found you guys!!!!!

FIRST, I just joined. Found out about OpenCarry.org at a townhall meeting yesterday where the poor gal who approached three of us thought we were all together and when they "attacked" her it took me some convincing to get her to realize I was trying to "discuss" the issues with them.

ANYWAY, glad I found a site that looks like it will fit what I'm seeking. Legal activism in the way of simply exercising my rights. CHL is great for self defense but open carry is the only way to get the message out to ALL the people that IN FACT carrying a firearm is a RIGHT.

This question (CHL exemptions allowing open carry in otherwise exempt areas) has been bugging me since I first laid eyes on the regs. I THOUGHT the "CHL EXEMPT" provisions were tantamount to authorization to carry open in cities which prohibited with local ordinances. Now it seems I've found people that do this regularly.

If I fit in here, I'll be around a lot. I'll warn you now, I type very fast so I tend to get long winded and prolific. Just tell me to calm down if it gets bad. LOL

Semper Fi


Say...

All I see to see here is the cities up in the liberal zone...do you know anything about the ordinance and enforcement in Grants Pass?

I live between GP and Rogue River and am a CCer, but I heard recently about no open carry in GP.


EDIT: I should explain I guess that I am a very casual CCer whose weapon frequently "peaks out" from under a shirt tail. I know that, as a CHL holder, I am exempt from the provision, but am wondering if the city cops know that...they are not a notoriously conscientious group it seems.
 

Strangerer

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Beaverton, Oregon, USA
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PaxMentis wrote:
Say...

All I see to see here is the cities up in the liberal zone...do you know anything about the ordinance and enforcement in Grants Pass?

I live between GP and Rogue River and am a CCer, but I heard recently about no open carry in GP.


EDIT: I should explain I guess that I am a very casual CCer whose weapon frequently "peaks out" from under a shirt tail. I know that, as a CHL holder, I am exempt from the provision, but am wondering if the city cops know that...they are not a notoriously conscientious group it seems.
If you explore this website a bit, you should find links to laws. Also, Understanding Oregon's Gun Laws: A Guide To Gun Ownership in Plain English, by Kevin Starrett, is a good addition to your personal library. Speaking of libraries, you can also check the local ordinances at your local public library.

Most of Oregon is OC, even if most people don't seem to know it. A CHL gets you past a lot of the local restrictions that are out there. At least it's not like some of the midwestern states I've heard of, where the CCW license law allows only concealed carry. People have been busted if their weapon peeked out.:?
 

PaxMentis

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Grants Pass, Oregon, USA
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Strangerer wrote:
PaxMentis wrote:
Say...

All I see to see here is the cities up in the liberal zone...do you know anything about the ordinance and enforcement in Grants Pass?

I live between GP and Rogue River and am a CCer, but I heard recently about no open carry in GP.


EDIT: I should explain I guess that I am a very casual CCer whose weapon frequently "peaks out" from under a shirt tail. I know that, as a CHL holder, I am exempt from the provision, but am wondering if the city cops know that...they are not a notoriously conscientious group it seems.
If you explore this website a bit, you should find links to laws. Also, Understanding Oregon's Gun Laws: A Guide To Gun Ownership in Plain English, by Kevin Starrett, is a good addition to your personal library. Speaking of libraries, you can also check the local ordinances at your local public library.

Most of Oregon is OC, even if most people don't seem to know it. A CHL gets you past a lot of the local restrictions that are out there. At least it's not like some of the midwestern states I've heard of, where the CCW license law allows only concealed carry. People have been busted if their weapon peeked out.:?

Thanks for the response.

I have explored this site for the last couple of months and found nothing that addresses my question at all...Grants Pass, being a city of 25K in the much less populated southern mountain area, doesn't get much play. I was asking one of the few folks in the S. Oregon area that I have seen on here for any input on enforcement that he might have.

I am well versed with the state law and know that, with a CCW permit, I am exempt from municipal ordinances regarding OC. I also know, though, that a few members of the GPDPS have a history of such acts as tasering individuals for "attitude violations" and wondered if there was info from a "local" on their knowledge of the law.
 

djhawes

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PaxMentis wrote:
Thanks for the response.

I have explored this site for the last couple of months and found nothing that addresses my question at all...Grants Pass, being a city of 25K in the much less populated southern mountain area, doesn't get much play. I was asking one of the few folks in the S. Oregon area that I have seen on here for any input on enforcement that he might have.

I am well versed with the state law and know that, with a CCW permit, I am exempt from municipal ordinances regarding OC. I also know, though, that a few members of the GPDPS have a history of such acts as tasering individuals for "attitude violations" and wondered if there was info from a "local" on their knowledge of the law.

You have access to the internet; you should be able to go to the cities ordinace codes or laws and see if they have a ordinance or code concerning open carry.

By looking up and reading the ordiances or laws, you will know what the laws are and will be more confident when John Law comes to ask questions or make accusations.

I looked up the ordinances and/or lawsfor Gresham, Troutdale, Woodvillage, Fairview, and Portland, Oregon.

I Printed out the ordinances for Portland, Oregon (Portland has an ordinace about carryiing openly a loaded weaponand) and keep them with me when I OC just in case an uniformed John Law gets edgy with me.


I know first hand that Gresham PD was called about a guy riding a Harley-Davidson with a gun. They were all briefed in their roll call that Oregon is an open carry state and Gresham does not have an ordinance or law preventing open carry.

I found this out when I visited a hospital while OC and they called the police. Police arrived to tell security in person that OC was legal. I still could not carry in the hospital becasue of policy; however, the hospital had no signs.

So, I am sure that if you OC in Grants Pass the word will get out. Just be ready for law enforcement.
 

Ironbar

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Jul 6, 2009
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Tigard, Oregon, USA
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Pax,

Not to slight you or anything, but after reading your post, it took me all of 10 seconds to do a Google search for the City of Grants Pass Municipal Code, and I immediately found it at the following URL:

http://www.grantspassoregon.gov/Index.aspx?page=412

Being the small town that it is, it was quite easy to scan over the code, and I found only one reference to guns at all:

[align=left]City of Grants Pass Municipal Code
[font=Arial,Arial][font=Arial,Arial]Title 5 Last Revised 01/07/09 [/font][/font][font=Arial,Arial][font=Arial,Arial]Title 5: Nuisances & Offenses Page 25 of 43 Chapter 5.32 [/align]
[align=left]DISCHARGE OF WEAPONS [/align]
[align=left]Sections: [/align]
[align=left]5.32.010 Discharge of Weapons. [/align]
[align=left]5.32.010 Discharge of Weapons. [/align]
[align=left]A. No person other than a police officer shall without authority of the Chief of Police fire or discharge a gun or other weapon, including spring or air-actuated pellet gun, or weapon which propels a projectile by use of gunpowder or other explosive or jet or rocket propulsion. [/align]
B. The provisions of this section shall not be construed to prohibit the firing or discharging of a weapon by any person in the defense or protection of his property, person or family. [/font]
[/font]
[font=Arial,Arial][font=Arial,Arial](Ord. 4354 §3, 1980) [/font][/font]

So, the answer to your question is that there is absolutely nothing in the Grants Pass municipal code governing the carrying of weapons. You may open carry at your own discretion.

[font=Arial,Arial][font=Arial,Arial]
[/font]
[/font]
 

We-the-People

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White City, Oregon, USA
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Be prepared though.

At the Grants Pass town hall meeting I was CCing and talking with a 26 year cop on the GPPD. It wasn't clear if he'd been GPPD the entire 26 years but he made two statements to my direct questionsthat should be kept in mind.

1) That if someone is OCing in GP that the PD will more than likely make contact with them to check them out.

2) That a lot of hunters get into trouble because they are stopped by the PD and have a round in the chamber of their hunting weapon that's covered up in the back seat.

Now #1 has the potential for a civil rights violation if they are aggressive, don't recongnize the OCers right to not be detained for a legal activity, etc. On the other hand, if an OCer declines to consent to a non RAS detention and they don't force it, it could be just fine. While we'd all love to not be approached by LE for carrying, it's still not common enough to cause LE to turn a blind eye. It's how they conduct themselves when approaching a legal, legally savvy, OCer that will count.

#2 is downright WRONG and I told him so (nicely). At the time I wasn't carrying the ORS with me at all times so I couldn't show him but neither could he give me a reference. Suffice it to say that there is no ORS which prohibits the carrying of a loaded long gun in a vehicle whether concealled or not.

I'd cite the reference but you can't cite a reference that does not exist. No law for or against means LEGAL. The best I can do is point you to ORS 166.250 (1) & (1) (a) & (1) (b).

(1) (a)makes it unlawful to carry anyfirearm concealled UPON THE PERSON (so it doesn't applyin the case of a long gun in a vehicle).

(1) (b) Addresses HANDGUNS concealed and readily accessible in a vehicle. However, it does not prohibit long guns being loaded and concealed, ONLY HAND GUNS.

This is one reason I now carry a copy of all ORS relating to firearms, audio recording, menacing (we don't have a "brandishing" ORS), and trespassing with me at all times when I am carrying a firearm.


One thing to keep in mind is that Grants Pass uses Police to do some fire duties and conversely, firemen to do some police duties. If you happen to come across a fireman acting as a police officer you probably aren't going to have someone who knows the law at all. Not knocking them, just saying that dedicated police have a hard enough time keeping up with the law. Hopefully they all know their limitations and work well together as I'm sure is the plan.
 

sf

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I visited Ashland with my wife and 2 young boys this summer. I went into the local police station and asked if there would be a problem if I open carried. The officer said no, gave me his card and said to call him if I had any trouble.

Everyone in town was friendly and it was a non issue. Seeing me carrying, and my wife and 2 kids with me did create some confused looks on the faces of the tourists passing through however.
 

John Wolver

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Jul 31, 2009
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Caldwell, Idaho, USA
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ok so it looks like you folks in oregon need to kick some tail and fix your laws around there...



That being said, ontario is oc friendly as far as I can tell.
 

sooeey2u

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If you have a CCL in Oregon, there are neighboring states that DO recognize your license.

I have an (resident) Oregon & a (non-residence) Utah CCL that allows me to legally open or conceal carry in 31 states including Washington state.

For more information on reciprocity laws or how to aquire a non-res Utah CCL, go to www.freedomfirstfirreams.org
 

sooeey2u

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<<<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.>>>



Oregon does not recognize Washington residents CCL and visa versa. Go www.usacarry.com for info on open & concealed carry in all states.
 

We-the-People

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Some or all of the city bans include loaded magazines (even if carried separately) specifically in their ordinances. While there is an argument that they do not have the authority to regulate the ammunition, you'd most likely be fighting that in court (at great cost).

If you have the CHL you are exempt from all local ordinances.
 

MoHawka

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Apr 23, 2010
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Milwaukie, Oregon, USA
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i have made plans to travel to Newprot Or and so i checked the code there and they do ban the carry of loaded firearms but they do not define loaded in the code 8.20.005 so i called the police and they didnt even know there was a code regarding weapons in there books. and so when i started talking about the second amendment he sounded surprised i knew what that was then he hung up on on so when i go there ill just be sure to follow portland laws and id should be good but im going to make sure i have my voice recorder going the whole time.
 

We-the-People

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The city of Newport IS NOT on the list so I went looking. They need to be added as I went and checked. Here is the documentation to support adding them to “the list”.



Official city web page: http://www.thecityofnewport.net/



Page from official site that links to the municipal code (from main page under the DEPARTMENTS tab click on ADMINISTRATION then in the left side bar click on FREQUENTLY ASKED QUESTIONS – The link to the muni code is in the first paragraph):

http://www.thecityofnewport.net/dept/adm/frequentlyaskedquestions.asp



This is the direct link to the PDF of the muni code:

http://www.thecityofnewport.net/dept/adm/documents/NewportMunicipalCode.pdf



The WEAPONS section is 8.20.005



BEGIN QUOTE FROM MUNI CODE



[size=[font="Microsoft Sans Serif"]8.20.005 Weapons [/font]][/size]

[size=[font="Microsoft Sans Serif"]A. Loaded firearms and other weapons prohibited. No person may carry a loaded firearm, spring or air-actuated gun or rifle, or any other weapon that propels a projective by use of gunpowder or other explosive, jet, or rocket propulsion in any place open to the public, except for: [/font]][/size]

[size=[font="Microsoft Sans Serif"]1. Law enforcement officers. [/font]][/size]

[size=[font="Microsoft Sans Serif"]2. Members of the military in performance of official duties. [/font]][/size]

[size=3. A][/size][size= person licensed to carry a concealed handgun.][/size]

[size=[/font]

END QUOTE FROM MUNI CODE
][/size]

[size=[font="Times New Roman"]
][/size]

[size=[font="Times New Roman"]NOTE: the code continues with other exceptions such as for game control but nothing that would apply to the purposes of self defense carry. It then ends with the “origination” info below:[/font]][/size]

[size=[font="Times New Roman"][/font]][/size]

[size=[font="Times New Roman"](Section 8.20.005 was amended by Ordinance No. 1960, adopted on August 4, 2008; effective September 3, 2008.)[/font]][/size]
 

sooeey2u

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We-the-People wrote:
If you have the CHL you are exempt from all local ordinances.
I OC about 30% of the time. Because of individual city laws and because I travel to WA state amoung other western states, I have an Oregon CHL and a non-resident Utah CHL.
 

bballiam

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May 11, 2010
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Tigard, Oregon, USA
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I'm as pro-carry as they come, but I guess I've always been good at playing devil's advocate. I was born in Virginia and it's legal to OC there. However, the population of both private citizens and LEis small compared to the Portland metro area. So nobody thinks twice in Virginia to see someone OC at Pizza Hut, Starbucks or just walking down the street. The difference living here causes me to notwant to get harassed, detained or even arrested (see Vancouver story) or see anyone other law abiding citizen put through the same because someone calls in the dreaded MWAG to local LE. Then there'sthe disconnect in the understanding or interpretation of the ordinace by local LE. Regardless of what the local ordinances say, I've talked with LE in three of those cities and they all say the same thing. It's against their city ordinance to OC with a loaded weapon. Theirunderstanding of the CWL exemption is itdoesn't give us the right to OC. It gives us the right to carry a loaded concealed weapon in their city. Now whether they were being honest or not, all three said they were pro-CWL. Basically, they all said in one manner or another that law abiding gun carrying citizens make it a safer place to live, work and play.
 

Gray Peterson

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bballiam wrote:
I'm as pro-carry as they come, but I guess I've always been good at playing devil's advocate. I was born in Virginia and it's legal to OC there. However, the population of both private citizens and LEis small compared to the Portland metro area. So nobody thinks twice in Virginia to see someone OC at Pizza Hut, Starbucks or just walking down the street. The difference living here causes me to notwant to get harassed, detained or even arrested (see Vancouver story) or see anyone other law abiding citizen put through the same because someone calls in the dreaded MWAG to local LE. Then there'sthe disconnect in the understanding or interpretation of the ordinace by local LE. Regardless of what the local ordinances say, I've talked with LE in three of those cities and they all say the same thing. It's against their city ordinance to OC with a loaded weapon. Theirunderstanding of the CWL exemption is itdoesn't give us the right to OC. It gives us the right to carry a loaded concealed weapon in their city. Now whether they were being honest or not, all three said they were pro-CWL. Basically, they all said in one manner or another that law abiding gun carrying citizens make it a safer place to live, work and play.
Can you publicly or privately identify which cities these are?
 
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