Lord Sega
Regular Member
UPDATED w/responce: Cullaby Lake County Park - put it away or leave
The information on what happened is below in the letter I am thinking about sending to the Clatsop County Sherriff and Parks Foreman.
Before anyone jumps on me for not standing there and arguing please note:
1) I did not want to disrupt the picnic for the other Legion members,
2) there was no police / sheriff involvement at that point,
3) this was my first negative encounter,
and most importantly 4) I had already got my fill of BBQ.
I'm not a hard core activist, just a believer, and I want to choose my fights wisely. I felt that leaving and following up with a letter for clarification and correction is the best way for me to go at this time.
Please proof read and let me know what you might change. Thanks
To: Clatsop County Sheriff Thomas J. Bergin and Parks Foreman Steve Meshke,
Re: County Parks Firearm Laws
I am writing to clarify state, county, and local law as it pertains to open and concealed carry of a firearm, specifically in a county park but to include all parks within the state of Oregon.
On Sunday 22 August, I was attending the Astoria Legion’s annual picnic being held in Cullaby Lake County Park. While attending, I was open carrying a 9mm Beretta in a positive retention holster on my belt, I also have a current Concealed Handgun License (CHL).
Before I continue, let me say that I consider open or concealed carry of a weapon to be a serious responsibility that goes along with the right to carry and that prior to my carrying in public I researched the laws that would or could apply.
After being at Cullaby Lake for about one hour, I was approached by one of the parks “rangers” (not sure of the official title), asked if I was an officer or a deputy to which I immediately answered “No I’m not, I’m just open carrying”. He stated “then you can’t have that here” and that I would have to leave or put it away in my car.
I was sure that I was legal and said so, but that I would leave with him. I did inquire if it was a county law or park ordnance, he said that it was state law not county and that “no firearms allowed” was posted at the front on the park (I had not seen the sign, but then I hadn’t looked for it believing that I was carrying legal).
Please note that the park ranger was friendly and courteous during all of this while remaining firm that I could not have a firearm in the Cullaby Lake County Park.
If I’m wrong, please let me know (preferably with the law # and quote) so I can stay within the law, but from what I have read of Oregon State Law (from http://www.leg.state.or.us/ors/166.html):
166.170 State preemption: specifically preempts local ordinances more restrictive than the state's, except as expressly authorized by state statute.
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.
(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
(c) A person licensed to carry a concealed handgun.
In the Clatsop Park Regulations (from http://www.co.clatsop.or.us) the only mention of firearms is:
6. No person shall: …
Discharge any firearm, slingshot, arrow, air, CO ², spring activated rifle or pistol or other similar device, darts, fireworks or related explosive materials, except in areas designated for such activity;
There is no mention of carrying a firearm, open or concealed, in these Clatsop park regulations.
If I’m correct that it is legal to open carry, or conceal carry with a CHL, in state, county, and city parks please see that the park signage is corrected / updated.
I know with the cost and time required to update the park signs throughout the county and state that this may already be in the works, but I would ask that the incorrect wording on the park signs be taped over / hand corrected and parks personnel are notified of the current rules & regulations and how they apply.
Thanks for your time on this issue,
The information on what happened is below in the letter I am thinking about sending to the Clatsop County Sherriff and Parks Foreman.
Before anyone jumps on me for not standing there and arguing please note:
1) I did not want to disrupt the picnic for the other Legion members,
2) there was no police / sheriff involvement at that point,
3) this was my first negative encounter,
and most importantly 4) I had already got my fill of BBQ.
I'm not a hard core activist, just a believer, and I want to choose my fights wisely. I felt that leaving and following up with a letter for clarification and correction is the best way for me to go at this time.
Please proof read and let me know what you might change. Thanks
To: Clatsop County Sheriff Thomas J. Bergin and Parks Foreman Steve Meshke,
Re: County Parks Firearm Laws
I am writing to clarify state, county, and local law as it pertains to open and concealed carry of a firearm, specifically in a county park but to include all parks within the state of Oregon.
On Sunday 22 August, I was attending the Astoria Legion’s annual picnic being held in Cullaby Lake County Park. While attending, I was open carrying a 9mm Beretta in a positive retention holster on my belt, I also have a current Concealed Handgun License (CHL).
Before I continue, let me say that I consider open or concealed carry of a weapon to be a serious responsibility that goes along with the right to carry and that prior to my carrying in public I researched the laws that would or could apply.
After being at Cullaby Lake for about one hour, I was approached by one of the parks “rangers” (not sure of the official title), asked if I was an officer or a deputy to which I immediately answered “No I’m not, I’m just open carrying”. He stated “then you can’t have that here” and that I would have to leave or put it away in my car.
I was sure that I was legal and said so, but that I would leave with him. I did inquire if it was a county law or park ordnance, he said that it was state law not county and that “no firearms allowed” was posted at the front on the park (I had not seen the sign, but then I hadn’t looked for it believing that I was carrying legal).
Please note that the park ranger was friendly and courteous during all of this while remaining firm that I could not have a firearm in the Cullaby Lake County Park.
If I’m wrong, please let me know (preferably with the law # and quote) so I can stay within the law, but from what I have read of Oregon State Law (from http://www.leg.state.or.us/ors/166.html):
166.170 State preemption: specifically preempts local ordinances more restrictive than the state's, except as expressly authorized by state statute.
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.
(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
(c) A person licensed to carry a concealed handgun.
In the Clatsop Park Regulations (from http://www.co.clatsop.or.us) the only mention of firearms is:
6. No person shall: …
Discharge any firearm, slingshot, arrow, air, CO ², spring activated rifle or pistol or other similar device, darts, fireworks or related explosive materials, except in areas designated for such activity;
There is no mention of carrying a firearm, open or concealed, in these Clatsop park regulations.
If I’m correct that it is legal to open carry, or conceal carry with a CHL, in state, county, and city parks please see that the park signage is corrected / updated.
I know with the cost and time required to update the park signs throughout the county and state that this may already be in the works, but I would ask that the incorrect wording on the park signs be taped over / hand corrected and parks personnel are notified of the current rules & regulations and how they apply.
Thanks for your time on this issue,
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