Definition of "public places" ?

imported post

I live in lincoln city oregon and im interested in open carry. I called the lincoln city police and they told me there is no ordinance on open carry. So, my question is, what is the definition of "public places" as it pertains to carrying a firearm? Thanks



Maxim

imported post

I can only speak generally regarding the Plain fields doctrine and the drop your pants doctrine.

As far as open fields, the supreme court held that open fields to not warrant the same protections of a home as far as privacy. Generally, anytime you leave your home, you are in "public" subject to being recorded, watched, etc.. You can be on private property, but still in public view. I don't live in OR, so I am not up on any cases regarding that.

As far as the drop your pants doctrine, this is my own, not supreme court tested, but anytime you are somewhere you can drop your pants without people getting annoyed, you are generally in private.

If people get annoyed, you are in public.

imported post

"drop your pants doctrine" ... NICE! +10 :celebrate

imported post

maxim wrote:

I live in lincoln city oregon and im interested in open carry. I called the lincoln city police and they told me there is no ordinance on open carry. So, my question is, what is the definition of "public places" as it pertains to carrying a firearm? Thanks



Maxim

Click to expand...

Here is the Oregon legal definition of "Public Places" from the Oregon Revised Statutes, as they pertain to loaded firearms in public places:

ORS 161.015 General Definitions (10) “Public place” means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.

Oregon State law is pretty good regarding firearms rights, compared to some other states. This state has "preemption," which means only the State Legislature can regulate the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms. However, ORS 166.173 allows counties & citities to restrict posession of loaded firearms in public places .

The current known list of cities banning loaded firearms from public places is:

The Dalles
Beaverton
Oregon City
Bend (Just banned in parks)
Independence
Salem
Tigard
Portland

You can open carry in those places, but it has to be UNLOADED. For what "unloaded" really means, you have to check the actual city statutes. For example: in Portland you can't even have a loaded magazine on your person.

But if you have a CHL, you are EXEMPT from those loaded firearm restrictions. . Havinga CHL also removes restrictions against carrying in schools, public buildings, city hall, etc. etc.

Here's the link to ORS chapter 166, start reading at 166.170: http://www.leg.state.or.us/ors/166.html

I would also suggest reading some of the other statutes in that chapter for disorderly conduct and intimidation - so that if someone or a LEO accuses you of it, you will have the confidence to say that those statutes do NOT apply to openly carrying a firearm in yourbelt holster.

...Also make sure to read 166.370 - Where you CANNOT carry (without a CHL)...
...Orygunner...