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Am I required to allow an officer to handle my firearm?

S

sedjester

Regular Member
Joined
Jul 20, 2007
Messages
93
Location
West Valley, Utah, USA
imported post

[/b]
166.380 Examination of firearm by peace officer; arrest for failure to allow examination. (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm. (2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310. [1969 c.705 §3]
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If I am legal to carry a loaded firearm (either by having a CHL in the 6 banned cities or in one that does not have a ban) I see no reason for the officer to examine my firearm. Say I am in Beaverton (which bans loaded firearms in public for those that don't have a CHL) and show the officer my CHL would he still be able to take my firearm to see if it's loaded?
 
O

openryan

State Researcher
Joined
Apr 18, 2007
Messages
1,602
Location
, Indiana, USA
imported post

sedjester wrote:
166.380 Examination of firearm by peace officer; arrest for failure to allow examination. (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm. (2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310. [1969 c.705 §3]
Click to expand...
If I am legal to carry a loaded firearm (either by having a CHL in the 6 banned cities or in one that does not have a ban) I see no reason for the officer to examine my firearm. Say I am in Beaverton (which bans loaded firearms in public for those that don't have a CHL) and show the officer my CHL would he still be able to take my firearm to see if it's loaded?
Click to expand...
Well there may be no reason he would really need to see it as the CHL legalizes the act of having it loaded. However from what I read into it, you would have to show him or risk an arrest.

The part about in or on a public building is murky, does this refer to public or locale owned land, and not to business or anything not owned by the state/county/town? Or any property other than your own?
 
A

AbNo

Regular Member
Joined
Jun 8, 2007
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Shenandoah Valley, Virginia
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I must admit, I find that odd.

I would think that your assertion the weapon is loaded would be sufficient.

I mean, does this really make any sense....

LEO: Is that loaded?
You: Yes, yes it is.
LEO: Well, I'm going to need to take it to make sure it's loaded.


Well, unless it's Kennesaw, GA. Then I can see how that would make sense. (look it up if you don't know) :lol:
 
X

xmirage2kx

Regular Member
Joined
Jul 5, 2007
Messages
478
Location
Lehi, Utah, USA
imported post

sedjester wrote:
[/b]
166.380 Examination of firearm by peace officer; arrest for failure to allow examination. (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm. (2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310. [1969 c.705 §3]
Click to expand...
If I am legal to carry a loaded firearm (either by having a CHL in the 6 banned cities or in one that does not have a ban) I see no reason for the officer to examine my firearm. Say I am in Beaverton (which bans loaded firearms in public for those that don't have a CHL) and show the officer my CHL would he still be able to take my firearm to see if it's loaded?
Click to expand...
You would have to allow the "Examination" to take place if the officer insisted.However showing your CHL and stating it IS loaded would usually be good enough.... unless you get a :cuss:cop.
 
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