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Thread: College Student Arrested for Legally Carrying on Campus!

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    News Alert from the Oregon Firearms Federation (OFF):
    http://oregonfirearms.org/alertspage...9%20ALERT.html

    Legislators Join OFF In Defense Of Lawful Gun Owners.

    Representatives
    Kim Thatcher and Bruce Hannajoined OFF and the Oregon Firearms Educational Foundation today in defense of a college student (and Marine Corp veteran) who was falsely arrested at Western Oregon University last week.

    The student was charged with "possession of a firearm in a public building." The college has barred him from classes and the state has charged him with the same crime. The student was involved in no unlawful activities nor was he engaged in any actions that would discredit a responsible gun owner. He was just in the wrong place at the wrong time.

    There is one small problem. The student has a valid Oregon concealed handgun license. He is
    statutorily exempt from the prohibitions on gun possession in public buildings.

    Apparently neither the college nor the Monmouth Police are acquainted with the law.

    The student contacted us last week and we agreed to defend him against these charges, brought by people who seem incapable of reading.

    The student is going to face a "hearing" at the college early next week and OFF and our attorney will be there. Our foundation has promised to defend the student and provide whatever legal assistance he requires.

    This is an important case. Our foundation filed a lawsuit against the Oregon University System several years ago for the same attack on gun rights, but the court found that since the plaintiff had not been arrested or expelled,
    they would not consider the case.

    This case is different. The WOU student was singled out and arrested in spite of the fact that he had committed no crime.

    He has been trespassed off the school property and had his academic career damaged for a "crime " that does not exist. We are committed to defending him.

    It is ironic that at a time when when universities are begging for
    armed guards, some are also demanding that trained gun owners be disarmed.

    No matter how this battle goes, it will be expensive. If you would like to make a tax deductible donation to our legal foundation to help us cover the costs of the student's defense, we would be grateful for your help. You can donate
    here.

    Please be sure to note that your donation is for OFEF so you receive a receipt for tax purposes.



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    Here is the Western Oregon Journal's take on the story.



    http://media.www.westernoregonjourna...-3616492.shtml



    Mid-morning arrest startles students
    Individual brings weapons on campus in violation of state law
    By: Erin Huggins
    Posted: 2/4/09Last Wednesday morning at 11:16 a.m., Campus Public Safety (CPS) and Monmouth Police identified, detained and arrested Western student Jeffrey Maxwell in the downstairs student area of Werner University Center (WUC) for violation of ORS 166.370, Possession of a Firearm in a Public Building.
    CPS had sent an e-mail on Tuesday, Jan. 27, alerting the campus community about an individual who had been seen loitering around the pool area and the residence halls.
    Wednesday morning, CPS received a call reporting a person matching the description given in the e-mail who was carrying a knife on campus. Because weapons were involved, Assitant Director of CPS and CPS Officer Mike Hanson called Monmouth Police Department (MPD) for back-up. Sergeant Kim Dorn, Officer Matthew Olafson and a recruit officer from MPD, along with Hutchinson and Hanson, were unable to locate the individual upon an initial search of the campus.
    However, shortly before 11 a.m., CPS received another call about the individual and the MPD officers returned to campus.
    Maxwell, who was sitting at one of the study tables across from the Service and Career Learning Center, was approached from behind by Joe Hutchinson from Campus Public Safety and MPD officers. Hutchinson asked Maxwell if he had any weapons concealed on his person.
    On first response, Maxwell answered he had a knife. Hutchinson then put Maxwell's hands above his head. The second time he was asked, Maxwell said he had a gun.
    After the weapons were removed, officers took him into the Calapooia Room. A few minutes later, he was escorted into one of two police cars parked on Church Street outside of WUC.
    Responding to why they did not evacuate WUC, Hutchinson said CPS did not know what weapons were involved and did not want to alert the suspect by a sudden flood of students leaving the building.
    "If we had known he had a gun, the scenario would have been totally different," Hutchinson said.
    Maxwell was initially approached because of his resemblance to the individual in CPS's e-mail, although Hutchinson said CPS has not confirmed whether or not Maxwell is the same person described in the e-mail.
    Hutchinson said there have been no sightings of the person since the arrest last Wednesday.
    Dorn said although Maxwell did have a loaded firearm on his person, he did not use it in a threatening way and was cooperative with the police.
    Maxwell had a valid permit for possessing concealed weapons; however, the permit does not allow people to bring weapons inside public schools, private schools or courthouses.
    "Even if you have a concealed weapons permit, you can't have a weapon concealed on your person if you're going to be in any buildings on campus." Dorn said. "In this instance, he just didn't know."
    Hutchinson said Western firearm and munition policies are administrative and correspond to Oregon University System policies, which are not necessarily the same as state regulations.
    "We go one step further and say, look, no weapons are allowed on campus, period,"Hutchinson said.
    Hutchinson said he asked Maxwell why he had a gun on campus, to which Maxwell replied, "I was just scared after Virginia tech. I was just really worried about my safety."
    Several students witnessed the arrest, including senior Alica Tresidder, who said she initially thought the event was a drill.
    "I thought they were practicing," she said about officers involved. "They had it under control. I didn't feel threatened at all."
    Sophomore Carrie Miller said she thought the suspect was being arrested for drug possession, "not such serious things as a loaded gun."
    "I had a test I was down here [WUC] studying for. How am I supposed to concentrate for the next hour?" she questioned shortly after the arrest took place.
    Senior Alecia St. Germaine said her first reaction to the situation was fear.
    "My stomach started turning and I wanted to leave," she said.
    In addition, knowing an armed person could just walk onto campus makes her feel a little uneasy.
    "I have night class," she said. "Usually, I'm fine walking to my car. Now I'm going to second guess that."


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    Cheese and Rice.

    OMG! SOMEONE BROUGHT A GUN!


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    We are all desperate criminals, just looking for a place to break out...

    How stupid these people are. IF he had been dangerous, it would have been all over by the time the keystone kops got done playing their email games.

    I wonder if they will ever figure out that simply issuing orders and "laws" will never stop criminals and will only continue to create victims.

    Seems obvious to me that those who value their lives should not go into these disarmed victim zones at all. Just not worth it from any angle.
    I will not knowingly initiate force. I am a self owner.

    Let the record show that I did not consent to be governed. I did not consent to any constitution. I did not consent to any president. I did not consent to any law except the natural law of "mala en se." I did not consent to the police. Nor any tax. Nor any prohibition of anything. Nor any regulation or licensing of any kind.

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    WCrawford wrote:
    Mid-morning arrest startles students

    Individual brings weapons on campus in violation of state law

    By: Erin Huggins Posted: 2/4/09

    Last Wednesday morning at 11:16 a.m., Campus Public Safety (CPS) and Monmouth Police identified, detained and arrested Western student Jeffrey Maxwell in the downstairs student area of Werner University Center (WUC) for violation of ORS 166.370, Possession of a Firearm in a Public Building.
    CPS had sent an e-mail on Tuesday, Jan. 27, alerting the campus community about an individual who had been seen loitering around the pool area and the residence halls.

    Wednesday morning, CPS received a call reporting a person matching the description given in the e-mail who was carrying a knife on campus. Because weapons were involved, Assitant Director of CPS and CPS Officer Mike Hanson called Monmouth Police Department (MPD) for back-up. Sergeant Kim Dorn, Officer Matthew Olafson and a recruit officer from MPD, along with Hutchinson and Hanson, were unable to locate the individual upon an initial search of the campus.

    However, shortly before 11 a.m., CPS received another call about the individual and the MPD officers returned to campus.

    Maxwell, who was sitting at one of the study tables across from the Service and Career Learning Center, was approached from behind by Joe Hutchinson from Campus Public Safety and MPD officers. Hutchinson asked Maxwell if he had any weapons concealed on his person.

    On first response, Maxwell answered he had a knife. Hutchinson then put Maxwell's hands above his head. The second time he was asked, Maxwell said he had a gun.

    After the weapons were removed, officers took him into the Calapooia Room. A few minutes later, he was escorted into one of two police cars parked on Church Street outside of WUC.

    Responding to why they did not evacuate WUC, Hutchinson said CPS did not know what weapons were involved and did not want to alert the suspect by a sudden flood of students leaving the building.

    "If we had known he had a gun, the scenario would have been totally different," Hutchinson said.

    Maxwell was initially approached because of his resemblance to the individual in CPS's e-mail, although Hutchinson said CPS has not confirmed whether or not Maxwell is the same person described in the e-mail.

    Hutchinson said there have been no sightings of the person since the arrest last Wednesday.

    Dorn said although Maxwell did have a loaded firearm on his person, he did not use it in a threatening way and was cooperative with the police.

    Maxwell had a valid permit for possessing concealed weapons; however, the permit does not allow people to bring weapons inside public schools, private schools or courthouses.

    "Even if you have a concealed weapons permit, you can't have a weapon concealed on your person if you're going to be in any buildings on campus." Dorn said. "In this instance, he just didn't know."

    Hutchinson said Western firearm and munition policies are administrative and correspond to Oregon University System policies, which are not necessarily the same as state regulations.

    "We go one step further and say, look, no weapons are allowed on campus, period,"Hutchinson said.

    Hutchinson said he asked Maxwell why he had a gun on campus, to which Maxwell replied, "I was just scared after Virginia tech. I was just really worried about my safety."

    Several students witnessed the arrest, including senior Alica Tresidder, who said she initially thought the event was a drill.

    "I thought they were practicing," she said about officers involved. "They had it under control. I didn't feel threatened at all."

    Sophomore Carrie Miller said she thought the suspect was being arrested for drug possession, "not such serious things as a loaded gun."

    "I had a test I was down here [WUC] studying for. How am I supposed to concentrate for the next hour?" she questioned shortly after the arrest took place.

    Senior Alecia St. Germaine said her first reaction to the situation was fear.
    "My stomach started turning and I wanted to leave," she said.

    In addition, knowing an armed person could just walk onto campus makes her feel a little uneasy.

    "I have night class," she said. "Usually, I'm fine walking to my car. Now I'm going to second guess that."

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    In addition, knowing an armed person could just walk onto campus makes her feel a little uneasy.
    What ever made her think that an armed person was incapable of just walking onto campus in the first place? How often was she required to walk through metal detectors to gain entrance? Never? First clue, right there.

    The sheer stupidity of some people truly frightens me at some times.

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    Gordie wrote:
    In addition, knowing an armed person could just walk onto campus makes her feel a little uneasy.
    What ever made her think that an armed person was incapable of just walking onto campus in the first place? How often was she required to walk through metal detectors to gain entrance? Never? First clue, right there.

    The sheer stupidity of some people truly frightens me at some times.
    The cops just walked onto the campus didnt they? I believe they carry guns too. So why didnt she have a problem with that?

    III
    "You can teach 'em, but you cant learn 'em."

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    Huck wrote:
    Gordie wrote:
    In addition, knowing an armed person could just walk onto campus makes her feel a little uneasy.
    What ever made her think that an armed person was incapable of just walking onto campus in the first place? How often was she required to walk through metal detectors to gain entrance? Never? First clue, right there.

    The sheer stupidity of some people truly frightens me at some times.
    The cops just walked onto the campus didnt they? I believe they carry guns too. So why didnt she have a problem with that?

    III

    OOH! OOH! [waving hand in the air wildly]I know the answer to this one!

    Is it because she's been fooled by the liberal media into believing that guns are bad except when they're in the possession of the police, also known as the "only ones" professional enough to carry guns?
    http://www.youtube.com/watch?v=mhIJOVD8hwY

    ...Waiting for my gold star...
    ...Orygunner...


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    See the "only ones" files at WaronGuns

    http://www.google.com/search?hl=en&s...amp;lr=lang_en

    About "The Only Ones" The purpose of this feature has never been to bash cops. The only reason I do this is to amass a credible body of evidence to present when those who would deny our right to keep and bear arms use the argument that only government enforcers are professional and trained enough to do so safely and responsibly. And it's also used to illustrate when those of official status, rank or privilege, both in law enforcement and in some other government position, get special breaks not available to we commoners, particularly (but not exclusively) when they're involved in gun-related incidents.
    I will not knowingly initiate force. I am a self owner.

    Let the record show that I did not consent to be governed. I did not consent to any constitution. I did not consent to any president. I did not consent to any law except the natural law of "mala en se." I did not consent to the police. Nor any tax. Nor any prohibition of anything. Nor any regulation or licensing of any kind.

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    Maxwell had a valid permit for possessing concealed weapons; however, the permit does not allow people to bring weapons inside public schools, private schools or courthouses.
    What the hell does THAT have to do with the price of tea in China?
    Why open carry? Because 1911 > 911.

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    AbNo wrote:
    Maxwell had a valid permit for possessing concealed weapons; however, the permit does not allow people to bring weapons inside public schools, private schools or courthouses.
    What the hell does THAT have to do with the price of tea in China?
    I'm puzzled as to exactly what you mean by that question... Can you elaborate?

    ...Orygunner...

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    After trying to get through all the rhetoric in this thread I have some questions. According to the title he was arrested for being a gun owner. I really didn't get that out of the thread but may have missed it.

    Somewhere it said that he had a permit to carry a gun in all public buildings which included the campus and its buildings. If so why was he arrested. Other places it says that the campus and buildings were off-limits which is why he was arrested.

    If we can cut out the hysteria what was he charged with formally and did his permit cover the campus or not?

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    PT111 wrote:
    After trying to get through all the rhetoric in this thread I have some questions. According to the title he was arrested for being a gun owner. I really didn't get that out of the thread but may have missed it.

    Somewhere it said that he had a permit to carry a gun in all public buildings which included the campus and its buildings. If so why was he arrested. Other places it says that the campus and buildings were off-limits which is why he was arrested.

    If we can cut out the hysteria what was he charged with formally and did his permit cover the campus or not?
    Oregon State Law, ORS 166.370 (1), prohibits carrying firearms in "public buildings" which is defined as:

    ORS 166.360 (4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.

    HOWEVER, ORS 166.370 (3) (d) specifically excludes from this prohibition:

    (d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

    I understand the student was arrested for violating 166.370, even though he has an Oregon Concealed Handgun License which specifically exempts him from the restriction!

    So that's what the fuss is about. Yes, he was arrested and charged, and Yes his permit covered the college campus where he was falsely arrested.

    This just may be awesome because it's grounds for challenging the "rules" on college campuses in Oregon that leave students incapable of defending themselves with firearms. I just may have to donate to OFF for this one.

    ORS References: http://www.leg.state.or.us/ors/166.html

    ...Orygunner...

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    Even more interesting to me is that it forbids carrying in "Public Buildings" but from what it seems he was OUTSIDE?!

    How can he be in a building OUTSIDE???

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    Orygunner wrote:
    PT111 wrote:
    After trying to get through all the rhetoric in this thread I have some questions. According to the title he was arrested for being a gun owner. I really didn't get that out of the thread but may have missed it.

    Somewhere it said that he had a permit to carry a gun in all public buildings which included the campus and its buildings. If so why was he arrested. Other places it says that the campus and buildings were off-limits which is why he was arrested.

    If we can cut out the hysteria what was he charged with formally and did his permit cover the campus or not?
    Oregon State Law, ORS 166.370 (1), prohibits carrying firearms in "public buildings" which is defined as:

    ORS 166.360 (4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.

    HOWEVER, ORS 166.370 (3) (d) specifically excludes from this prohibition:

    (d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

    I understand the student was arrested for violating 166.370, even though he has an Oregon Concealed Handgun License which specifically exempts him from the restriction!

    So that's what the fuss is about. Yes, he was arrested and charged, and Yes his permit covered the college campus where he was falsely arrested.

    This just may be awesome because it's grounds for challenging the "rules" on college campuses in Oregon that leave students incapable of defending themselves with firearms. I just may have to donate to OFF for this one.

    ORS References: http://www.leg.state.or.us/ors/166.html

    ...Orygunner...
    And after reading the above referenced statutes I only have one question ...

    Since the FAILURE to carry the issued permit to conceal is considered "primafacia evidence that an indivilual DOES NOT HAVE A PERMIT.... Did the accused have his permit with him/ on his person at the time that he was arrested on the college campus.


    166.292 Procedure for issuing; form of license; duration.[/b] (1) If the application for the license is approved, the sheriff shall issue and mail or otherwise deliver to the applicant at the address shown on the application, within 45 days of the application, a wallet sized license bearing the photograph of the licensee. The license must be signed by the licensee and carried whenever the licensee carries a concealed handgun.[/b]

    (2) Failure of a person who carries a concealed handgun also to carry a concealed handgun license is prima facie evidence that the person does not have such a license.

    ....SNIP

    edited to paste the copy of the law.

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    Orygunner wrote:
    AbNo wrote:
    Maxwell had a valid permit for possessing concealed weapons; however, the permit does not allow people to bring weapons inside public schools, private schools or courthouses.
    What the hell does THAT have to do with the price of tea in China?
    I'm puzzled as to exactly what you mean by that question... Can you elaborate?

    ...Orygunner...
    Well, AFAIK, "public schools" are k-12, as are the private schools, and he certainly wasn't in a courthouse, so why was that line about permits not allowing school/courthouse carry in the story?
    Why open carry? Because 1911 > 911.

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    AbNo wrote:
    Orygunner wrote:
    AbNo wrote:
    Maxwell had a valid permit for possessing concealed weapons; however, the permit does not allow people to bring weapons inside public schools, private schools or courthouses.
    What the hell does THAT have to do with the price of tea in China?
    I'm puzzled as to exactly what you mean by that question... Can you elaborate?

    ...Orygunner...
    Well, AFAIK, "public schools" are k-12, as are the private schools, and he certainly wasn't in a courthouse, so why was that line about permits not allowing school/courthouse carry in the story?
    AH! I get what you mean now. The easy answer is: Because the reporter is ignorant. The law prohibits possession in "public buildings" which according to the definition:
    ORS 166.360 (4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.

    The court thing is a little different in Oregon. Even with a CHL, you cannot carry in a Circuit Court or above, or tax court. Other courts like municipal (city) court fall under the "public building" definition, so those are allowed with a CHL.

    The reporter researched this story very poorly, and must've just gone by what the police told her.


    JoeSparkyWrote:
    And after reading the above referenced statutes I only have one question ...

    Since the FAILURE to carry the issued permit to conceal is considered "primafacia evidence that an indivilual DOES NOT HAVE A PERMIT.... Did the accused have his permit with him/ on his person at the time that he was arrested on the college campus.
    THAT is a good question, but from the article and the OFF alert, it would seem he did have it on him. Even if he didn't have it at the time, it would have allowed them to arrest him and cite him for the violation, but charges would be dismissed once he displayed the CHL to the judge. The problem with this case seems to be that the police and the college are insisting that it's illegal even with a CHL.

    From the article, Sargeant Kim Dorn of the Monmouth PD:
    "Even if you have a concealed weapons permit, you can't have a weapon concealed on your person if you're going to be in any buildings on campus." Dorn said. "In this instance, he just didn't know."
    ...Why is it ignorance of the law is no excuse... except for the police?...
    ...Orygunner...

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    I'd cite the 14th Amendment for that 'ignorance of the law excuse'. If one group is protected from that requirement, then ALL groups are protected from it. Equal treatment under the law and all that jazz.

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    After rereading through all of the extraneous stuff it sure appears to me that as long as he had his permit with him he was breaking no law. 166.370 (3) (d) clearly states that 166.370 (1)does not apply to him if he had his permit with him and it was valid.

    I am still confused as to why he was arrested simply for being a gun owner according to the title of the thread.

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    PT111 wrote:
    After rereading through all of the extraneous stuff it sure appears to me that as long as he had his permit with him he was breaking no law. 166.370 (3) (d) clearly states that 166.370 (1)does not apply to him if he had his permit with him and it was valid.

    I am still confused as to why he was arrested simply for being a gun owner according to the title of the thread.
    OK, I will change it - original posters cannot do this

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    Five-Oh! wrote:
    HERE IS WHAT IT COMES DOWN TO EVERYONE!!!!

    IT IS ILLEGAL AND HE WAS CITED CORRECTLY!
    So a college is a school? i don't think so. Tell us the definition of "school."

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    Five-Oh! wrote:
    (snip)

    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.[/b]

    (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.

    (f) Possession of a firearm on school property if the firearm:

    (A) Is possessed by a person who is not otherwise prohibited from possessing the firearm; and

    (B) Is unloaded and locked in a motor vehicle.

    You are correct up to a point.

    In the law you cited, ORS 166.370, Subsection 1 is the basis and penalty. Subsection 3-d gives an exception.

    Subsection f (including f-A and f-B) has nothing to do with subsection 3-d. If it did it would be sectioned under 3-d as an A and not at the same level as f.

    Now the real question... Does ORS 166.291 and 166.292 define a license as a pistol permit that you and I can get or is it a 'special gov only' permit.

    -R





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