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Thread: Went fishing, illegal OAR Signage

  1. #1
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    Went fishing, illegal OAR Signage

    Went fishing this weekend, and found this OAR sign posted along highway 6 just passed Lee's Camp. 45.586178,-123.543159. Also had signs that said no target shooting.


  2. #2
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    OAR 629-025-0500 section 5 of designated recreation areas subsections b and c restrict the use and carry of loaded firearms. These "designated recreation areas" are trailheads, campsites, boat ramps, and a few more. They say they get this authority from ORS 530.050 I'm assuming section 12, because there is no express authority given to restrict firearms.
    Maybe a legal eagle can weigh in on this, but it sounds relatively valid. I'm assuming that this does not apply to CHL holders. Maybe ORS 166.173 or ORS166.170 section 1. ORS 166.170 might be used to argue that the forestry dept. doesn't have the authority to restrict carry considering that ORS 530.050 doesn't give "express authority" to regulate this act.

  3. #3
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    For what it's worth, I contacted OFF a while back with a similar inquiry. They replied with this letter:

    ----------------------------

    The Oregon Department of Forestry (ODF) has stopped enforcing section c of OAR 629-25-050(5). This section relates to possession of a loaded firearm in state-owned forestland designated as a recreation area. The rule was originally developed with assistance from the Oregon State Parks and Recreation Department. This was done so ODF would be aligned with that agency's rules for campgrounds. Oregon State Parks has since rescinded that rule. We, too, recognize the need to do the same.

    Thank you for your interest in State Forests. If I can be of further assistance, don't hesitate to contact me.

    Jeff Foreman
    Public Information Officer
    Oregon Dept of Forestry
    2600 State Street
    Salem, OR 97310
    (503) 945-7506
    jforeman@odf.state.or.us

  4. #4
    Regular Member We-the-People's Avatar
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    They have no EXPRESS authority and therefore no legal leg to stand on. We need to take these agencies to task EACH AND EVERY TIME we see such unlawful signage posted. They're simply saying "we don't enforce it" doesn't cut it.

    They KNOW they can't enforce it and we know they can't, but how many people who do not know are intimidated by their unscrupulous posting of notices which they know they have no power to enforce?

    Contact them and DEMAND (don't ask) in a professional manner, that they rectify the situation by removing these things, putting out memos or whatever need be done, and educating their people that posting such things is not to be tolerated.

    Most likely some anti in some office just decided to do it "anyway". They need to be held accountable and fired.

    Alternatively, someone made an honest mistake and needs to be educated.

    If they are not taken to task, the abuses will continue.

  5. #5
    Regular Member We-the-People's Avatar
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    Okay, here's the research:

    ORS 166.170 is state premption
    ORS 166.171 through 166.176 state the EXPRESS authorities granted by the legislature to regulate firearms.

    OAR 629.025.0050 does state what the sign says but is pre empted by state law and VOID per 166.170 and therefore unenforceable. HOWEVER, it's still there so that the anti's can claim "we didn't know" and cause hassles for those that do and don't bend to their whim. We need to contact ODF and demand that they remove the OAR.

    OAR 629.025.0060 doesn't have anything to say on the subject other than that you have to observe the rules in 025.0050 which are VOID as pertains to possession of loaded firearms.

    ORS 530.050 is listed as the "authority" for the rules but a check of that ORS does not reveal any authorization to regulate firearms and it MUST BE and EXPRESS AUTHORIZATION by the legislature. Simply saying "make the rules" doesn't constitute EXPRESS authorization and so they are wrong.

    Here is their e-mail (not the local district where it was posted but the state offices).

    mailto:information@odf.state.or.us

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