imported post
TiP wrote:
Phssthpok wrote:
*Portland's loaded magazine prohibition is arguably in violation of state law, but it's up to the individual if they want to risk/fight that.
There are also "loaded magazine prohibitions" in Beaverton and Tigard city ordinances as well. Any word on the legality of these?
I am unaware of any prohibition on a loaded magazine which is
NOT attached to the firearm in either of those cities, but such ordinances would be of similar questionable legality as Portland's.
Follow my logic:
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166.170 State preemption.
(1)
Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.
(2) Except as expressly authorized by state statute,
no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances,
to regulate, restrict or prohibit the sale, acquisition, transfer, ownership,
possession, storage, transportation or use of firearms or
any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]
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166.173 Authority of city or county to regulate possession of loaded firearms in public places.
(1)
A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.
(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
(a) A law enforcement officer in the performance of official duty.
(b) A member of the military in the performance of official duty.
(c) A person licensed to carry a concealed handgun.
(d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370. [1995 s.s. c.1 §4; 1999 c.782 §8]
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Note that nowhere in ORS 166.170 - 176 is there any authorization for a
"county, city or other municipal corporation or district" to restrict or prohibit the possession or transportation of ammunition, or magazines (empty or not)...only firearms.
A magazine is NOT a firearm...it is a component, and as such is specifically exempt from regulation by the above mentioned political subdivisions.
IMO, so long as the magazine is not attached to the firearm then neither Portland nor any other political subdivision has any lawful authority to dictate whether it may contain ammunition or not as to do so would be regulating the 'possession' of ammunition, and (firearm) components.