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Thread: BAD Ruling on Vehicle Carry

  1. #1
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    I haven't ready it through yet but a quick glance does not seem positive.

    STATE OF OREGON,Plaintiff-Respondent,v. BRYAN PATRICK WARD,Defendant-Appellant.

    Multnomah County Circuit Court
    060749177
    A133855

    Thomas M. Ryan, Judge pro tempore. Argued and submitted on August 27, 2008.

    Erica Herb, Deputy Public Defender, argued the cause for appellant. On the brief were Peter Gartlan, Chief Defender, Legal Services Division, and Kristin Carveth, Deputy Public Defender, Office of Public Defense Services.

    Rolf C. Moan, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

    Before Wollheim, Presiding Judge, and Ortega, Judge, and Carson, Senior Judge.

    ORTEGA, J.

    Affirmed.

    ORTEGA, J.

    (1) He contends that, under state law, local governments may not prohibit a person from carrying a loaded firearm within a car on a public street. The state responds that state law allows local governments to prohibit such conduct. For the reasons that follow, we affirm.......
    The whole case here: http://www.publications.ojd.state.or.us/A133855.htm

    -adamsesq

  2. #2
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    adamsesq wrote:
    I haven't ready it through yet but a quick glance does not seem positive.
    I think that the ruling is arguably correct - unlike most states, 0R localities have discretion to ban loaded gun carry under OR law, but concealed handgun permit holders are exempted from these local regulations.

  3. #3
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    But it's interesting how they can state that a private vehicle in a public setting is no longer considered private. Does this mean they don't need any probable cause to search your vehicle because it's on a public roadway? I guess the moral of the story is - if you have a headlight out then your considered a criminal.

    I contacted OFF regarding this. They have issued a bulletin.

    http://oregonfirearms.org/alertspage...8%20alert.html



    Ken

  4. #4
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    Why didn't he bring up that ALL the statutes are unconstitutional (including ORS 166.170)?

    Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]
    http://www.leg.state.or.us/orcons/orcons.html

    http://dictionary.reference.com/browse/bear

  5. #5
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    Is anyone going to take this to the SCOTUS? NHRA?

    There's no way my car is a public place. How about some one jump into one of these judges cars the next time ya see one. Say it's a public place and that you need to rest for a short while. See how they like that.

  6. #6
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    Just to clarify, the COA never did say that the car is a public place. In fact I think they pretty much admited that the car is a place to which the public does not have access. They just said that as long as your car is on a street or highway, the statute gave municipalities the authority to regular loaded firearms in it.

    And COA opinions get appealed to OrSCT, not SCOTUS.

    -adamsesq

  7. #7
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    adamsesq wrote:
    Just to clarify, the COA never did say that the car is a public place. In fact I think they pretty much admited that the car is a place to which the public does not have access. They just said that as long as your car is on a street or highway, the statute gave municipalities the authority to regular loaded firearms in it.

    And COA opinions get appealed to OrSCT, not SCOTUS.

    -adamsesq
    Thank you for the clarification.

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