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Thread: OC with CCL in Salem

  1. #1
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    Ok so I have my CCL and have had it for 2 years. I know I can OC in the parks, but what i want to know is what public buildings can i carry in.

    Can i OC in the salem center mall, I heard that I cant at the lancaster mall Is that true. And i was also told that I cant OC on transit property at all.

    Any info helps Thanks



  2. #2
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    codey1818 wrote:
    Ok so I have my CCL and have had it for 2 years. I know I can OC in the parks, but what i want to know is what public buildings can i carry in.

    Can i OC in the salem center mall, I heard that I cant at the lancaster mall Is that true. And i was also told that I cant OC on transit property at all.

    Any info helps Thanks

    Codey - I let this sit for a day or two hoping someone with actualy walking the street knowledge of Salem would chime in. Since they have not, and since I do not routinely OC there I can give you the text book answers.

    The city of Salem has banned the loaded carrying of firearms in: 10) “Public place” means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation. (City of Salem Code 95.050 using a definition from ORS 161.016) as they are allowed to do under ORS 166.173. HOWEVER, this ban does not apply to CHL holders.

    As a CHL holder you are allowed to carry open or concealed anywhere that is not otherwise prohibited by law. Those other areas are generally defined in 166.370 (2) which reads:

    (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.
    So, at least with regard to public places you are good to go as long as it is not a court facility. I seem to recall there is another prohibition on jails but I can't find that right now. There is NO valid prohibition on any city transit property (as long as you are a CHL holder.) Although you should be aware that tri-met (Metro) takes that position that they are a state entity and are not prohibited under pre-emption in prohibiting weapons; there is no support for this position anywhere that I can find.

    With regard to private property such as the malls you mentioned. A private property owner can ask anyone to leave for anything at anytime. If you don't leave you are tresspassing. If you are asked to leave do so, but otherwise there is no prohibition. We have no "posting" law in Oregon so a sign saying weapons are not allowed doesn't hold any authority under law - they still have to ask you to leave.

    Good luck.

    -adamsesq

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