sedjester
Regular Member
imported post
I'm not saying I would physically resist if the officer wants to examine my weapon, I would just say that I do not consent to a search and seizure of my property.
I couldn't find anything about a CHL exempting us from ORS 166.380. But it does state "while in or on a public building" and a public building is defined as:ORS 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]
From my understanding the officer cannot examine my firearm unless he has RAS. But if I am in a public building as defined previous then he can examine my weapon without RAS.166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise:
(4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.
I'm not saying I would physically resist if the officer wants to examine my weapon, I would just say that I do not consent to a search and seizure of my property.