Oregon Administrative Rules (OARs)

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I was :banghead:trying to do some research on the PSU post, and accidently stumbled across this :dude:

http://arcweb.sos.state.or.us/banners/rules.htm

That site is the start for searching for OARs for things like universities, DOT, Dept of agriculture/human services/administrative services etc. Hope this can help everyone a little more in the search for information

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Definitely, it's a great place to look for rules concerning firearms, so that we can contact the departments that made these rules and tell them their attempts to regulate firearms are illegal Only the legislature can regulate firearms (ORS 166.170, preemption).

For example, there are rules under the Department of Human Services regarding Adult Foster Homes that attempt to regulate how firearms are stored. Nuh-uh, they can't do that. I have been in contact with the Rules Co-ordinator for Seniors and People with Disabilities and they will be changing the rules to remove the regulation of firearms within the next few months.

Maybe I'll search to see where else firearms show up in the Oregon Administrative Rules...

...Orygunner...

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I stayed the weekend at Cape Lookout State Park. In one of the camping loops, the park rules were posted on a large metalic sign. Concerning firmarms...

"It is prohibited to use or possess any loaded firmarm or other weapon capable of injuring any person or wildlife."

I have a CHL, and knowing the gun laws of this state, I knew right off the bat that this sign had no teeth (at least, for CHL holders). I carried the entire weekend (concealed, of course).

I took a picture of the sign. Thinking about (politely) writing Oregon State Parks to quote them both the concealed exemption law and the preemption law.

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PepsiDad, please do! Ifound similar signage at Loon Lake Campground, which is managed by the US Bureau of Land Management (BLM). Researched the Federal laws & Regulations, found they can't ban firearms, then wrote them a letter. Igot a very positive reply, they said they appreciated me pointing out the error and will correct it. See this thread:
http://opencarry.mywowbb.com/forum45/13396.html

I would suggest finding the contact Information for Oregon State Parks, then writing them a nice letter asking them if they are aware the signs exist, why the ban on posession is unenforceable (I think they can prohibit discharge of firearms in the campground, but I'm not sure), and ask them if there are plans to correct the sign.

...Orygunner...

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Orygunner wrote:

Definitely, it's a great place to look for rules concerning firearms, so that we can contact the departments that made these rules and tell them their attempts to regulate firearms are illegal Only the legislature can regulate firearms (ORS 166.170, preemption).

Click to expand...

Keep in mind: The legislature, and anybody the specifically authorize to regulate firearms, can regulate firearms.


So whenever you see an OAR, find the ORS that authorizes that particular body to create OARs, and double-check that they have not been given explicit authority. I'm not aware of any agency with OAR power that has explicit authority to regulate firearms, although there may be implicit authority that they might cling to (which is what PDX does), so be careful how you word it when you approach them...
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grishnav wrote:

Orygunner wrote:

Definitely, it's a great place to look for rules concerning firearms, so that we can contact the departments that made these rules and tell them their attempts to regulate firearms are illegal Only the legislature can regulate firearms (ORS 166.170, preemption).

Click to expand...

Keep in mind: The legislature, and anybody the specifically authorize to regulate firearms, can regulate firearms.


So whenever you see an OAR, find the ORS that authorizes that particular body to create OARs, and double-check that they have not been given explicit authority. I'm not aware of any agency with OAR power that has explicit authority to regulate firearms, although there may be implicit authority that they might cling to (which is what PDX does), so be careful how you word it when you approach them...

Click to expand...

Didn't we go over the State campground thing before? I thought we concluded the campgrounds can't regulate carry.

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Cremator75 wrote:

Didn't we go over the State campground thing before? I thought we concluded the campgrounds can't regulate carry.

Click to expand...

I am of the opinion that state parks/campgrounds/etc. can't regulate carry, because the ORSes that give them rulemaking authority do not give them explicit authority to make firearms regulations.

That doesn't necessarily apply to other rule making bodies, like the Oregon DHS or the colleges. That is research that remains to be done by people that care about it.