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I have a few OC questions

Mikitsubizunizu

New member
Joined
Jul 31, 2008
Messages
8
Location
Springfield, Oregon, USA
imported post

I have heard conflicting statements reguarding open carry in Springfield.
I am not yet of CHL age, but I am planning on doing that paperwork on my 21st.

I have heard that you cannot carry loaded magazines on your person, but rather that they should all three be seperate. (Ammo in a pouch, mags in another, no mag in the sidearm)

I have heard that mags can be loaded but not in the sidearm. (Condition Four)

I have heard that you can carry a loaded mag and a round in the chamber with safety on. (Condition One)

Lastly I have heard that you can carry a loaded mag but without a round in the chamber. (Condition Three)

Now there has to be someone here who can answer my question. :cool:

Edit: Oops! Looked too far down the page and missed the thread, hehe.
 

Orygunner

Regular Member
Joined
Jun 5, 2008
Messages
737
Location
Springfield, Oregon, USA
imported post

Hi Mik, Welcome to the Forums!

As a fellow Springfielder (Springtuckian?), I have researched the laws quite extensively, not only State law, but Springfield and Eugene city codes as well.

Note that I AM NOT A LAWYER. This is my interpretation of the law that I personally follow. You must either study the laws yourself or consult an attorney. The excuse of "Some guy on the internet said so" is not going to hold as much water as "I studied the law myself" or "my attorney says."

Oregon State law does not prohibit anyone over 18 from carrying a firearm, including a handgun. ORS 166.250.

Oregon State law (ORS 166.370) states you cannot carry in "public buildings" or the grounds adjacent to them, meaning hospitals, schools, colleges, city hall, or other buildings occupied by a "municipal corporation". CHL holders are exempt from this limitation, of course. You also cannot carry in a court facility housing a Circuit court or higher or a Tax court. I don't know if any of those exist in Springfield.

In the Springfield city code, it is only prohibitedto posessa loaded firearm in public parks or recreation district facilities:


Springfield City Code
5.286 Possession of Loaded Firearms Prohibited.
Except as provided in ORS 166.173(2), it shall be unlawful for any person to possess any loaded: firearm[/i], rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism by whatever name known which is designed to expel a projectile through a gun barrel by the action of any explosive powder, gas, compressed air, spring or elastic mechanism at any public park and recreation district facility open to or frequented by the public, including, but not limited to, parks, roads, buildings, and parking lots. This prohibition shall not apply to activities sponsored or authorized by a park district. The above offense is punishable as a violation and subject to a fine not exceeding $720.00 pursuant to SMC section 1.205. [Section 5.286 amended by Ordinance No. 6169, enacted May 15, 2006; further amended by Ordinance No. 6173, enacted May 15, 2006.]​

Note that ORS 166.173(2) exempts Concealed Handgun Licence holders from the prohibition.
I cannot find in Springfield city code the definition of a "loaded" firearm. Oregon state law definition is in ORS 166.360, which says there cannot be a round in the chamber, or in a magazine attached to the firearm. I do not know if Springfield would honor that definition or not.

I can find no prohibition of loaded firearms in the Eugene city code. Their codes regarding firearms seem to mirror state law for concealed carry.

Both Springfield and Eugene city codes regulate discharge of firearms within city limits, but both have a self-defense allowance.

Hope this helps you :)
...Orygunner...

References:
Oregon Revised Statues Chapter 166: http://www.leg.state.or.us/ors/166.html
Springfield City Code: http://www.qcode.us/codes/springfield/
Eugene City Code: http://www.eugene-or.gov/portal/server.pt/gateway/PTARGS_0_0_5848_319_0_43/http%3B/cesrv501%3B80/lf7citycode/Home.aspx
 
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