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Thread: Carriage of fixed blades in Oregon

  1. #1
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    Firstly, I've read the weapons statues, and it appears that carrying a fixed blade in a public place is acceptable as long as it isn't concealed. One thing I didn't quite understand is how this relates to public buildings (as defined in the firearms section), does the ban for schools, hospitals, ect. apply to knives as well as firearms?

    Also, does a concealed weapons permit change anything in regards to knives? I know the statue itself doesn't say anything about it, but are their any case decisions of AG opinions on it? It seems rather odd that you can have a .45 auto under your coat but not a 5 inch knife.

    Lastly, how does the law apply to sword canes? Since the purpose of sword cane is NOT to look like a weapon, it would appear to meet the definition of 'concealed.' Does that mean carrying one in public is forbidden? Any case law about it?


    *One more thing, from my reading of the statues of the state, and my home city, it appears that localities have the authority to further regulate the carriage of knives (similar to how they can regulate non-licensed open carry). Is that true? So if a city bans the carriage of knives, then you're screwed even if you have a permit (since it appears the permit only applies to handguns)?



  2. #2
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    No this is not true. Oregon has preemption through judicial ruling, the Delgado case deals with knives, they had another case that dealt with switchblades a couple of years later.I forget the case.

    You can open carry any knive or blade anywhere in the state. The state law dealing with public buildings lumps knives and all that fun stuff in with firearms. HOWEVER, if you have a CHL, you are exempt from the public building law (except courthouses and jails); therefore, you can open carry knives in these places with a CHL. Some cities may have knive laws no the books but the State Supreme Court was very clear on the subject. Open carry and possession is a right and laws to the contrary are null and void.

    The CHL only applies to handguns, so unfortunately, you can not conceal knives with a CHL.

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    not sure if this helps any, but i got pulled over in beaverton while heading to work. i leave at 3:30am 5 minutes later i am pulled over with 2 cop cars behind me... one leo came to each side of the car. when they saw my gerber lmf2 on my belt i was just told not to go for the knife. when they were walking back from their cars the one on the passenger side came up first and shined his light on the knife, told his partner it was still secure then he approached my window. that was it. very friendly and no hassle about it. im typically worried about beaverton cops since im rather scruffy looking with plenty of visible tattoos. so im wiling to bet if i didnt get hassled. you most likely wont


    sorry bout the grammer, i went to school in portland...

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    At the Medford County Court building ( a huge concrete soviet era bunker ) they have a metal detector with 2 Sherrif's who run the "majic wand" across you and make you empty your pockets and run it thru an X-ray machine.

    If you have a knife and don't try to conceal it ( announce right away that you have one ) they allow you to back up and place it outside up on the upper door ledge and retrieve it after exiting the building.

    ( I haven't tried that with a gun )



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    SteveInAshand wrote:
    At the Medford County Court building ( a huge concrete soviet era bunker ) they have a metal detector with 2 Sherrif's who run the "majic wand" across you and make you empty your pockets and run it thru an X-ray machine.

    If you have a knife and don't try to conceal it ( announce right away that you have one ) they allow you to back up and place it outside up on the upper door ledge and retrieve it after exiting the building.

    ( I haven't tried that with a gun )

    That's one of the things courthouses in WA have over OR; up there they are required to supply lock boxes for your pistol . . . The *expletive deleted* didn't put it in the laws down here

  6. #6
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    Thanks for the clarifications.

  7. #7
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    The law listing the dangerous things you're not allowed to take into a court building includes "other than ordinary pocket knives". I see a pretty strong implication that an ordinary pocket knife should be allowed, but we all know that no such thing happens; they're almost as paranoid as the TSA.

    I've had occasion to mention the discrepancy in passing to the security types (never in a confrontational manner), but they just shrug it off.

  8. #8
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    Strangerer wrote:
    The law listing the dangerous things you're not allowed to take into a court building includes "other than ordinary pocket knives". I see a pretty strong implication that an ordinary pocket knife should be allowed, but we all know that no such thing happens; they're almost as paranoid as the TSA.

    I've had occasion to mention the discrepancy in passing to the security types (never in a confrontational manner), but they just shrug it off.
    Sounds like someone needs to write some letters and make some visits.

    Not being one that goes to a courthouse often (ever?) I'm not too concerned. I suppose if I start getting hassled for OC that may change though. LOL
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

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    Strangerer wrote:
    The law listing the dangerous things you're not allowed to take into a court building includes "other than ordinary pocket knives". I see a pretty strong implication that an ordinary pocket knife should be allowed, but we all know that no such thing happens; they're almost as paranoid as the TSA.

    I've had occasion to mention the discrepancy in passing to the security types (never in a confrontational manner), but they just shrug it off.
    Last time I went in the Clark County Courthouse (a couple yrs back), I had to leave my little "Gentleman Jim" knife/scissors (<2" overall closed) behind, but I could take my Ford ignition key with me that was almost 3 " long.

    They didn't see the humorin my comments about it either.

    Gary


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