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Thread: Calling Grishnav, or anyone with info

  1. #1
    Regular Member Cremator75's Avatar
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    Hey Grishnav can you post the statutes reguarding the laws about carrying in State Parks that we talked about at the meet? I thing you were saying that their "No Loaded Firearms" signs were void since they can't regulate firearms. Also is there anything I would need to have in my head to tell someone if I was confronted while carrying either CC or OC in a State Park or State Campground?

    Anyone else with any info, feel free to post.

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    Open carry on state (public) lands and state (public) parks is in fact legal. Some park rangersmay feel theyhave the authority to regulate the possesionand transportation of firearms, they do not.

    National parks are another matter. We only have one in oregon and that's Crater Lake.



    The offical "rules" for state park visitors is as follows

    The Oregon Administrative Rules contain OARs filed through June 13, 2008

    PARKS AND RECRETION DEPARTMENT

    DIVISION 10

    GENERAL PARK AREA RULES

    736-010-0040

    Visitor Conduct

    (1) Fires in park areas shall be confined to:

    (a) Park camp stoves or fireplaces provided for such purpose;

    (b) Portions of beach areas designated as permissible for fires; or

    (c) Portable stoves used in established campsites, picnic areas, or beach areas where fires are permitted.

    (2) Every fire shall be extinguished before its users leave the park area. No fire shall be permitted to cause personal injury or damage to private property or park resources.

    (3) The park manager may restrict or prohibit fires due to high fire hazard conditions.

    (4) A person may not mutilate, deface, damage, or remove any property, structure or facility of any kind in a park area, except as provided in OAR 736-010-0055.

    (5) A person shall leave garbage, recyclables, sewage or waste in a park area only in the designated containers provided.

    (6) A person many not dispose of garbage, recyclables, sewage, or waste generated by activities conducted outside a park area in a park area, with the exception of recreational vehicle sewage and gray water holding tank contents to be disposed of in designated dump stations.

    (7) A person may not remove items from containers designated for recyclables, garbage, sewage or waste without authorization of the park manager.

    (8) A person may not engage in the following activities in park areas:

    (a) Use or operation of any noise producing machine, vehicle, device or instrument in a manner that may disturb other park area visitors;

    (b) Use of a public address system or similar device without written permission of the park manager;

    (c) Possessing, discharging, or causing to be discharged, any firecracker, explosives, torpedoes, rockets, fireworks or other substances without the written permission of the park manager;

    (d) Use of a metal detector or similar device without a permit from the department;

    (e) Obstructing, harassing or interfering with a park employee or peace officer in the performance of their duties;

    (f) Entering or occupying any building, facility or portion of a park area that has been closed to public access;

    (g) Blocking, obstructing or interfering with vehicular or pedestrian traffic on any road, parking area, trail, walkway, pathway or common area;

    (h) Occupying or interfering with access to any structure, office, lavatory or other facility in a manner which interferes with the intended use of such a structure or facility;

    (i) Fighting; or promoting, instigating or encouraging fighting or similar violent conduct which would threaten the physical well being of any person in the park area;

    (j) Smoking in any areas where the Oregon Indoor Clean Air Act, ORS 433.835 to 433.875; prohibits smoking;

    (k) Activities or conduct which constitutes a public nuisance or hazard;

    (l) Public indecency as defined in ORS 163.465;

    (m) Base-jumping, hang gliding, paragliding or similar activities are not permitted in park areas without a permit from the park manager. The use of hang gliders is permitted at Cape Kiwanda State Natural Area;

    (n) Discharging any firearm, bow and arrow, slingshot, pellet gun, or other weapon capable of injuring humans or wildlife or damaging property, except in those park area locations and for those purposes specified in OAR 736-010-0055(7);

    (o) Place a sign, marker or inscription of any kind except in designated areas within a park area without written permission from the park manager;

    (9) A person may not distribute circulars, notices, leaflets, pamphlets or written or printed information of any kind within a park area unless they have first obtained permission from the park manager and reported their name, address and number of leaflets to be distributed. ** Handing out of educational pamphlets pertaining to Oregon gun laws would be prohibited w/o expressed permission.

    (10) A person may not operate a concession, solicit, sell or offer for sale, peddle, hawk or vend any goods, wares, merchandise, food, liquids or services in a park area without prior written authorization from the park director.

    (11) All money or goods found by the public in park areas having a value of $20 or more must be turned over to the park manager. All money or goods will be disposed of according to department policy adopted in accordance with ORS 98.005.

    (12) The director or designee may close rock formations and cliffs within a park area to descending, scaling or technical rock climbing.

    (13) The director or designee may close lakes, streams or waterfalls to kayaking, boating, diving or swimming when the park manager has determined the activity to be a danger to participants.

    (14) A person using a park area shall pay rates as established in OAR chapter 736, division 15 for use of selected facilities or the purchase of services or products.

  3. #3
    Regular Member Cremator75's Avatar
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    SetivaSicWood wrote:
    Open carry on state (public) lands and state (public) parks is in fact legal. Some park rangersmay feel theyhave the authority to regulate the possesionand transportation of firearms, they do not.
    Thanks for the info. I am going camping in a State campground this weekend, and when I went two weeks ago there was a sign that said "No Loaded Firearms". I just wanted to make sure I could carry there. Now, is this for everyone, or just CHL holders? I do have my CHL if it matters. Also is there any reference to any statutes for the State park issue? I was aware of the National park rules, which will hopefully be changes soon.

    I also found this rule to be kind of interesting:

    (11) All money or goods found by the public in park areas having a value of $20 or more must be turned over to the park manager. All money or goods will be disposed of according to department policy adopted in accordance with ORS 98.005.

    Forget that. I need to pay for my gas somehow.

  4. #4
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    Mr Wood pretty much summed it up for state parks. There is also an OAR for state forests that specifically (629-025-0050) adresses designated recreational areas. But in the end, as Grishnav stated at the meet, these are OAR's that technicallyaren't even legal in the sense of the state premption that only qualifies cities and counties authority to regulate firearms. So are OAR's even valid? That's the question. OAR's are not state statutes.

    166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.[/b]

    (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]

    Ken

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    Sorry I haven't gotten around to it yet. I'm just way too busy these days!

    Somebody already posted the Oregon Preemption statue (166.170), so here's the authorization for the forest master to make rules. Not the lack of an explicit authority to make firearms regulation and #12 which states that administrative rules may not be inconsistent with Oregon law.

    530.050 Management of lands acquired; powers of forester; rules.[/b] Under the authority and direction of the State Board of Forestry except as otherwise provided for the sale of forest products, the State Forester shall manage the lands acquired pursuant to ORS 530.010 to 530.040 so as to secure the greatest permanent value of those lands to the state, and to that end may:[/b] (1) Protect the lands from fire, disease and insect pests, cooperate with the counties and with persons owning lands within the state in the protection of the lands and enter into all agreements necessary or convenient for the protection of the lands.
    (2) Sell forest products from the lands, and execute mining leases and contracts as provided for in ORS 273.551.
    (3) Enter into and administer contracts for the sale of timber from lands owned or managed by the State Board of Forestry and the State Forestry Department.
    (4) Permit the use of the lands for other purposes, including but not limited to forage and browse for domestic livestock, fish and wildlife environment, landscape effect, protection against floods and erosion, recreation, and protection of water supplies when, in the opinion of the board, the use is not detrimental to the best interest of the state.
    (5) Grant easements, permits and licenses over, through and across the lands. The State Forester may require and collect reasonable fees or charges relating to the location and establishment of easements, permits and licenses granted by the state over the lands. The fees and charges collected shall be used exclusively for the expenses of locating and establishing the easements, permits and licenses under this subsection and shall be placed in the State Forestry Department Account.
    (6) Require and collect fees or charges for the use of state forest roads. The fees or charges collected shall be used exclusively for purposes of maintenance and improvements of the roads and shall be placed in the State Forestry Department Account.
    (7) Reforest the lands and cooperate with the counties, and with persons owning timberlands within the state, in the reforestation, and make all agreements necessary or convenient for the reforestation.
    (8) Require such undertakings as in the opinion of the board are necessary or convenient to secure performance of any contract entered into under the terms of this section or ORS 273.551.
    (9) Sell rock, sand, gravel, pumice and other such materials from the lands. The sale may be negotiated without bidding, provided the appraised value of the materials does not exceed $2,500.
    (10) Enter into agreements, each for not more than 10 years duration, for the production of minor forest products.
    (11) Establish a forestry carbon offset program to market, register, transfer or sell forestry carbon offsets. In establishing the program, the forester may:
    (a) Execute any contracts or agreements necessary to create opportunities for the creation of forestry carbon offsets; and
    (b) Negotiate prices that are at, or greater than, fair market value for the transfer or sale of forestry carbon offsets.
    (12) Do all things and make all rules, not inconsistent with law, necessary or convenient for the management, protection, utilization and conservation of the lands. [Amended by 1953 c.65 §5; 1955 c.421 §3; 1957 c.228 §1; 1959 c.141 §1; 1963 c.475 §1; 1965 c.128 §1; 1967 c.396 §3; 1983 c.759 §9; 2001 c.752 §8; 2005 c.103 §37]

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