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BAD Ruling on Vehicle Carry

adamsesq

Regular Member
Joined
Oct 1, 2008
Messages
367
Location
, Oregon, USA
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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.

[suP](1)[/suP] 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
 

Mike

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May 13, 2006
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Fairfax County, Virginia, USA
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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.
 

Puddin99

Campaign Veteran
Joined
Apr 8, 2007
Messages
394
Location
Scappoose, Oregon, USA
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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/12.14.08%20alert.html



Ken
 

NaT805

Opt-Out Members
Joined
May 18, 2008
Messages
98
Location
Oregon
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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
 

Gunmad

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Nov 12, 2008
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Mid Willamette Valley, Oregon, USA
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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.
 

adamsesq

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Messages
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Location
, Oregon, USA
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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
 

Gunmad

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Nov 12, 2008
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Location
Mid Willamette Valley, Oregon, USA
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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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