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Beaverton Issues Training Advisory on Open Carry in Public Buildings

Gray Peterson

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imported post

From: xxxxxxxxxx
Sent: Wednesday, March 14, 2007 8:11 AM
To: All BPD Staff
Subject: Training Bulletin #07-08 Possession of Firearms in Public
Buildings

Training Bulletin #07-08 Possession of Firearms in Public Buildings

Under ORS 166.370, it's usually a Class C felony for a person to possess
a firearm or other dangerous weapon in a public building, such as City
Hall.

There are the exceptions to the prohibition. For example, peace
officers and members of the military may carry a firearm or other
dangerous weapons into a public building while engaged in the
performance of their official duties.

Also, a sometimes overlooked exception relates to "a person licensed ...
to carry a concealed handgun." A person holding a valid concealed
handgun license may carry a firearm or other dangerous weapon in a
public building, just as if the person were a peace officer or member of
the military.

Regardless of whether the person is a police officer, member of the
military or a person licensed to carry a concealed handgun, the firearm
or other dangerous weapon does not need to be concealed. It can be
carried openly or it can be carried concealed.

When a person enters a public building with a firearm or other dangerous
weapon and the person does not appear to be either a peace officer or a
member of the military, a police officer may stop the person to ask if
they have a concealed handgun license.

The stop and talk can take place regardless of whether the person is
carrying the firearm or other dangerous weapon openly or concealed.
Possession of a firearm or other dangerous weapon in a public building
is usually prohibited, and police have authority to stop and talk to a
person who appears to be acting in violation of that prohibition.

If the person does not have the concealed handgun license in their
immediate possession, and the officer otherwise has probable cause to
believe the person is carrying a firearm or dangerous weapon in
violation of ORS 166.250, the person may be arrested.

But if the person has in his or her immediate possession a valid license
to carry a concealed handgun, then ORS 166.262 states that "a peace
officer may not arrest or charge a person for [carrying a firearm in a
public building]."

The above information was provided by the City Attorney's Office.
 
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