Lord Sega
Regular Member
IANAL... but does not the State Preemption (see highlight) make the unloaded clip/magazine city ordinances null & void? Cities (and counties) are expressly authorized by state statute to pass ordinances of "loaded firearms in public places", not clips or ammo. I listed Astoria's and Portland's as examples since they are near me or I have family there.
Of course, with a CHL you are exempt, but for those who don't have CHL, or can't (18-20 year olds).....
Has anyone challenged this yet?
It's rules like these that made me get a CHL, just so I don't have to worry about crossing an invisible border and breaking the law (county border, city border, GFSZ 1000' border, etc).
I am trying to find in Oregon Law the official definition of "loaded", any help would be appreciated.
OREGON STATE
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.
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:
...
(c) A person licensed to carry a concealed handgun.
ASTORIA
5.010 Carrying Loaded Firearm Unlawful.
(A) No person shall knowingly carry a firearm, loaded or unloaded, in a park, school ground or public building.
(B) No person on a public street or in a public place shall knowingly carry a firearm upon the person, or in a vehicle under the person's control or in which the person is an occupant, unless all ammunition or missile has been removed from the chamber and from the cylinder, clip or magazine.
(C) Subsections (A) and (B) of this section shall not apply to:
...
(3) Any person having a valid permit issued to the person by lawful authority to carry or use concealed firearms;
PORTLAND
14A.60.010 Possession of a Loaded Firearm in a Public Place.
A. It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the firearm.
B. It is unlawful for any person to knowingly possess or carry a firearm and that firearm’s clip or magazine, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the clip or magazine.
C. The following are exceptions and constitute affirmative defenses to a violation of this Section:
...
3. A person licensed to carry a concealed handgun.
Of course, with a CHL you are exempt, but for those who don't have CHL, or can't (18-20 year olds).....
Has anyone challenged this yet?
It's rules like these that made me get a CHL, just so I don't have to worry about crossing an invisible border and breaking the law (county border, city border, GFSZ 1000' border, etc).
I am trying to find in Oregon Law the official definition of "loaded", any help would be appreciated.
OREGON STATE
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.
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:
...
(c) A person licensed to carry a concealed handgun.
ASTORIA
5.010 Carrying Loaded Firearm Unlawful.
(A) No person shall knowingly carry a firearm, loaded or unloaded, in a park, school ground or public building.
(B) No person on a public street or in a public place shall knowingly carry a firearm upon the person, or in a vehicle under the person's control or in which the person is an occupant, unless all ammunition or missile has been removed from the chamber and from the cylinder, clip or magazine.
(C) Subsections (A) and (B) of this section shall not apply to:
...
(3) Any person having a valid permit issued to the person by lawful authority to carry or use concealed firearms;
PORTLAND
14A.60.010 Possession of a Loaded Firearm in a Public Place.
A. It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the firearm.
B. It is unlawful for any person to knowingly possess or carry a firearm and that firearm’s clip or magazine, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the clip or magazine.
C. The following are exceptions and constitute affirmative defenses to a violation of this Section:
...
3. A person licensed to carry a concealed handgun.
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