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Thread: firearms signs on courthouse in columbia county

  1. #1
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    On a recent trip to the columbia county circuit courthouse in downtown saint helens i observed signs on the entrance banning firearms, and specifically stating "even if you have a concealed weapons permit"

    its my understanding that this sign is not correct, and persons licensed for concealed carry are allowed to carry in public buildings including courtrooms.

    am i understanding this correctly?


  2. #2
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    im a dumbass

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    Joe - don't get too excited and I hope you didn't already send that letter...

    The County Court isa state facility, the name "County" notwithstanding. It's official name is "The District Court ForThe State Of Oregon, County of Columbia." The no weapons policy was not set by anyone other than the state legislature so pre-emption is not an issue. You need to look closer at the statute:

    166.370 Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school.
    (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.

    (2)(a) Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:
    (A) A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.
    (B) A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a law enforcement officer or to immediately remove it from the court facility. A person who fails to comply with this subparagraph is guilty, upon conviction, of a Class C felony.
    (b) The presiding judge of a judicial district may enter an order permitting the possession of specified weapons in a court facility.
    (3) Subsection (1) of this section does not apply to:
    (a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment.
    (b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.
    (c) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.
    (d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
    (e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.


    Note the bold language. Your CCW license (Subsection (3)(d) exempts you from the prohibitions under Subsection (1) only. Courthouses are prohibited under Subsection (2) and the only way you can carry in a courthouse is if authorized by the presiding judge.

    -adamsesq

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    Courts are Subsection (2).. having a CHL excuses you from rules provided under Subsection (1). As the other poster said, I hope you haven't sent that yet.

    I even remember it being specifically mentioned in my CHL class that courthouses are completely offlimits, even to CHL holders.




    It almost seems that you feel you can open carry anywhere, even with a displayed sign as a valid CHL holder. I'll just clear that up for you, that is not the case. A private building (ie: Walmart, Safeway, Burger King, etc) does have the right to ask you to leave as long as it's an order from management, even with a valid CHL. Otherwise, they can press charges on you for trespassing and you're CHL will get revoked.

  5. #5
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    yea i did send it i guess i'll just have to look stupid on this one.

    im aware of the private property infomation.

    i guess i didn't realize the court was a "state" court

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    jopencarry wrote:
    i guess i didn't realize the court was a "state" court

    Even if it was a municipal court, it is still a Court within the meaning of Subsection (2) and premption doesn't apply because the legislature has ruled that carrying there is a felony.


    -adamsesq

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    so CHL is ok in "public building" but not a court facility. is whats up

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    adamsesq wrote:
    (b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.
    So if I have a sumons to apear in court, and I wish to assist the officer with the truth
    of the charge he aledges.... I'm OK then.
    I'll just hold off till I finnish fighting the metal detectors first. Then will see about the next step.


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    SlackwareRobert wrote:
    adamsesq wrote:
    (b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.
    So if I have a sumons to apear in court, and I wish to assist the officer with the truth
    of the charge he aledges.... I'm OK then.
    I'll just hold off till I finnish fighting the metal detectors first. Then will see about the next step.
    No. That excuse is under subsection (3), which states that it only provides excuses for limits provided by Subsection (1). Courts are under Subsection (2) so 3(b) doesn't cover that at all, and you would still need permission from the judge.

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