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OR 166.380 Examination of firearm by peace officer; arrest for failure to allow examination.

Stihl Rig

New member
Joined
Dec 20, 2007
Messages
9
Location
Bend, Oregon, USA
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Hey No NAU, A cougar in the yard is no big deal, I came home the other day and their were 3 Jehova's witnesses on my front porch. Talk about scary, I'd rather face the cougar with a rock.
Next time you need to be in town let me know and we can hook up and get some food or something.

cheers
 

MEX_223Fab

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Joined
Apr 4, 2008
Messages
1
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Stihl Rig wrote:
Hello. I am new here but, I have been lurking for awhile.
I am curious about this law. It(166.380) seems to not have any exemptions that I am aware of. If I allow an officer to examine a firearm that he/she is not familiar there could be safety issues. I believe I read something in this forum regarding the liability but there didn't seem to be any references to this law. Please, help me figure out whether or not I must comply. I do have my CCL if that is applicable in any way.
Thanks.


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.
New to the forum, so this is my first post. I read most of the responses here, lots of very good information. However, I failed to see much in relation to one key area of the original question/post: safety. One of Stihl_Rig concern was with safety. In my opinion, this should not be a concern. The reason:

EVERY time ANY ONE ask to see my weapon (for the forum sake: a pistol) I make absolutely sure to: 1-Take the magazine out, 2-Cock the slider and show NO live round in the chamber, 3- Leave slider cocked (depending on model) to continuously show empty chamber, and 4- Keep magazine with me a all times.

Therefore, in my humble opinion, regardless if is federal, state, county, local or whatever law or statute,or no statue at all for that matter, and especially if I am being asked by any form of legitimate law enforcement, I will surrender my piece for inspection; with no concern for safety whatsoever. What can happen? He hits me with it? If I survive the beating, I will probably have no need to work anymoreafter cashing the settlement check. Too far-fetched to ever happen however.

Therefore, why does it matter if, legitimate or not, law enforcement want to see my piece or not? If the officer acted out of line, due-diligence and research to see if a complaint is in order; and if not, so be it.

I am open for suggestions and/or comments.
 

Bear 45/70

Regular Member
Joined
May 22, 2007
Messages
3,256
Location
Union, Washington, USA
imported post

What the hell is a slider? I've heard of a slide on an auto pistol, but therejust is no part called a slider on any handgun.
rolleyes.gif
 

thebastidge

Regular Member
Joined
May 6, 2007
Messages
313
Location
2519 E Fourth Plain Blvd, Vancouver Washington, US
imported post

Mex_223Fab:

IANAL, however:

The issue is that it is unreasonable to search someone without probable cause (as acknowledged in the Fourth Amendment). Regardless of the safety issue of unnecessary handling of a firearm. Manufacturing probable cause through statute is a sleazy sidestep around, and violates principles of personalsoveraignty.

If it were a First Amendment issue, it would be"Prior Restraint". If you're carrying your firearm, unloaded, in an area where it is prohibited by law to be loaded, in an effort to raise awareness of the issue and protest that law prohibiting loaded weapons, it becomes a First Amendment issue because it is a political demonstration. Any harassment then would have the weight of case law and decisions against Prior Restraint as well.

On the safety issue, as an anecdote, the only negligent/accidental discharges I have heard of here in Iraq, are when people are "clearing" their weapons at the clearing barrel prior to entering a FOB or DFAC. LEOs here with the CPATT stare in disbelief when told they are supposed to clear their sidearms before entering the chow hall, and constantly complain about the unnecessary hassle and safety issue. Civilians, military, LEO, all are expected to clear their weapons multiple times a day. They mostly carry in Condition Green while inside the International Zone, and this largely useless piece of theater probably contributed the negligent discharges. No excuses are acceptable, but cycling through the motions with an empty weapon 10 or 12 times per day can breed some carelessness that has potential to become tragic when the routine is interrupted with a live weapon. Fortunately, I don't know of anyone who has been killed by an ND here, but I know of at least two who have shot themselves (literally) in the foot.

Firearms should be loaded and holstered in the morning on your way out the door. At night they should be taken off and stored safely per your security needs, whether that means unloaded and locked in a safe, or cocked and locked on your nghtstand. Otherwise, they shouldn't be messed with except for a legitimate need: training (including demonstrations), cleaning (and inspections), and ventilating goblins.
 

Stihl Rig

New member
Joined
Dec 20, 2007
Messages
9
Location
Bend, Oregon, USA
imported post

thebastidge stated "
The issue is that it is unreasonable to search someone without probable cause (as acknowledged in the Fourth Amendment). Regardless of the safety issue of unnecessary handling of a firearm. Manufacturing probable cause through statute is a sleazy sidestep around, and violates principles of personalsoveraignty."

This is exactly what I was getting at with my question. Safety was a secondary concern.

I believe the bastidge has stated my problem with the law better than I originally did. Thanks for the input.
:cool:
 
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