Results 1 to 8 of 8

Thread: schools

  1. #1
    Regular Member sheepdog762's Avatar
    Join Date
    May 2010
    Location
    salem, Oregon, USA
    Posts
    21

    schools

    What are the open carry laws near schools ?

  2. #2
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605
    sheepdog762:

    It is Illegal in Oregon to Carry a Firearm in or on the Premises of any Public Building, including Schools K-12, UNLESS; you have a Valid Oregon Concealed Carry License.

    The relevant Oregon Revised Statutes are: ORS 166.360(4), ORS 166.370(1), ORS 166.370(3)(d), AND ORS 166.370(3)(g).

    ORS 166.360(4) reads: 'Public Building' means a Hospital, a Capitol Building, a Public or Private School, as defined in ORS 339.315, a College or University, a City Hall or the Residence of any State Official Elected by the State at large, and the Grounds adjacent to each such Building. The term also includes that portion of any other Building occupied by an Agency of the State or a Municipal Corporation, as defined in ORS 297.405, other than a Court Facility.

    ORS 166.370(1) reads: Any Person who intentionally Possesses a Loaded or Unloaded Firearm or any other Instrument used as a Dangerous Weapon, while in or on a Public Building (as defined above), shall upon Conviction be Guilty of a Class C Felony.

    ORS 166.370(3)(d) reads: Subsection (1) of this section (as above) does not apply to *** A Person who is Licensed under ORS 166.291 and 166.292 to Carry a Concealed Handgun.

    Basically, IF you have a Concealed Handgun License THEN you may Carry a Firearm anywhere in Oregon, EXCEPT Court Faclities.

    Having a Concealed Handgun License exempts you from the provisions of ORS 166.173(1), by virtue of ORS 166.173(2)(c). ORS 166.173(1) reads: 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.
    ORS 166.173(2)(c) reads: Ordinances adopted under subsection (1) of this section do not apply to or affect *** A Person Licensed to Carry a Concealed Handgun.

    This is relevant pursuant to ORS 166.380(1) and ORS 166.380(2). ORS 166.380(1) and ORS 166.380(2) read: A Peace Officer may Examine a Firearm Possessed by anyone on the Person while in or on a Public Building to determine whether the Firearm is a Loaded Firearm *** Refusal by a Person to allow the Examination Authorized by subsection (1) of this section Constitutes reason to believe that the Person has committed a Crime and the Peace Officer may make an Arrest pursuant to ORS 133.310.

    ORS 166.370(3)(g)(A) and ORS 166.370(3)(g)(B) also Authorizes the Possesion of a Firearm in or around School Buildings, as defined under ORS 339.315, as for Motor Vehicles. ORS 166.370(3)(g) reads: Subsection (1) of this section does not apply to *** Possession of a Firearm on School Property if the Firearm *** (A) Is Possessed by a Person who is not otherwise Prohibited from Possessing the Firearm AND (B) Is Unloaded and Locked in a Motor Vehicle (while such Motor Vehicle is present a the place listed ORS 339.315).

    aadvark

    P.S.: The Oregon Appeals Court ruled that your Private Motor Vehicle is a Public Place, by some flawed wording in Oregon Statute, AND is, therefore, subject to the requirements of ORS 166.173(1), IF you live in a County or City that has enacted such Local Prohibitions. Therefore, to make a long-story short..., try to acquire a Oregon Concealed Handgun License as expediously as possible to avoid running afoul with Oregon Law.

    P.S.2.: In accordance with Federal Law 18 U.S.C. 922(q), it is Illegal to Possess any Firearm, as defined under Federal Law 18 U.S.C. 921(a)(3), that has moved in InterState or Foreign Commerce, as defined under Federal Law 18 U.S.C. 921(a)(2), in any Place that the Person knows to be a School Zone, as defined under Federal Law 18 U.S.C. 921(a)(25), unless such Person has a 'Brady-exempt License', as per Federal Law 18 U.S.C. 922(q)(2)(B)(ii).

    Fortunately, ORS 166.370(3)(g)(A) and ORS 166.370(3)(g)(B) meet the further exceptions spelled out under Federal Law 18 U.S.C. 922(q)(2)(B)(iii)!

    Unfortunately, Federal Law 18 U.S.C. 921(a)(25) Prohibits the Possesion of a Firearm within a 1000 feet of a Elementary or Secondary School, provided; the Firearm has moved in InterState or Foreign Commerce. Oregon has no such 1000 foot provisions, so please be careful!

    As of Press Time, Oregon has NOT introduced a Firearms Freedom Act, which would exert Oregon State Sovereignty, in accordance with The 9th Amendment AND The 10th Amendment of The United States Constitution, as against Federal Law 18 U.S.C. 921(a)(25) for Firearms that have NOT moved in or otherwise affected InterState Commerce. However, Oregon may do so in its 2011 Legislative Session!
    Last edited by aadvark; 10-31-2010 at 02:59 PM.

  3. #3
    Regular Member
    Join Date
    Oct 2010
    Location
    St. Helens
    Posts
    2

    Student For Concealed Carry on Campus

    aardvark,

    do you mind if I copy your post to use and a handout for my Concealed Carry club at PCC?

    Bert

  4. #4
    Campaign Veteran
    Join Date
    Apr 2007
    Location
    Scappoose, Oregon, USA
    Posts
    394
    Very well written addvark.

  5. #5
    Regular Member We-the-People's Avatar
    Join Date
    Aug 2009
    Location
    White City, Oregon, USA
    Posts
    2,234
    The OP asked about NEAR schools. While the long and well cited reply covered a lot of ground it did not address open carry NEAR schools.

    In Oregon we don't have anything similar to Commifornia's "1000 foot GFSZ" law. We are prohibited (without a CHL) from carrying in or on a public building (which includes teh grounds adjacent to same).

    So what's the LEGAL definiton of "grounds adjacent"? Does it ONLY include the grounds of the school or can it also include the public sidewalk that is in front of the school?

    Also, for the poster that's at PCC..... there is a thread here somewhere that has a reply from a PCC dean saying that CHL holders are not able to be regulated by the school. You might want to do some searching for that. If you PM me I can look to see if I saved a copy of it in my files as I'm working on my schools administration to "toe the line" of the law.

  6. #6
    Regular Member Ironbar's Avatar
    Join Date
    Jul 2009
    Location
    Tigard, Oregon, USA
    Posts
    385
    Use your head too folks. I believe that if you attempted to OC on or near school grounds, you'd be staring down the barrels of at least half a dozen police pistols, and quickly find yourself face down on the ground and in cuffs.

    That said, I carry CONCEALED on school grounds all the time.

  7. #7
    Regular Member We-the-People's Avatar
    Join Date
    Aug 2009
    Location
    White City, Oregon, USA
    Posts
    2,234
    Quote Originally Posted by Ironbar View Post
    Use your head too folks. I believe that if you attempted to OC on or near school grounds, you'd be staring down the barrels of at least half a dozen police pistols, and quickly find yourself face down on the ground and in cuffs.

    That said, I carry CONCEALED on school grounds all the time.
    Well, it's not K-12 (Comm Col) but I "arm up" right in front of the main doors to the school whenever I get teh chance to park there for my last class. Last quarter that was probably hald a dozen times.

    I've also walked down the public sidewalk bordering the school. Had a nice (really) chat with one of the supportive security guards while across the street from the school after 'arming up".

    I think whether you're going to get police response depends on your location. In Portland I would guess it's much more likely than in Southern Oregon.

    For clarification, on campus I carry an empty holster as I'd like to get my degree rather than spend 2-3 years in the court system. I "arm up" as soon as I get to my vehicle and if it's right in front of the school, that's where I arm up. The school knows I'm a 2A activist as does security and most of the students I've come across.

  8. #8
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605
    Everyone is welcome to Copy my Articles and Threads on this Post to use for their own Lawful Purposes.
    I like the thought of my Analysis in being used to teach other People.
    That having been said, I spent 2 hours reading Oregon Statute, notwithstanding the fact that I live in Georgia.
    It is important to me to know ALL Federal and State Firearm Laws!

    Also, whoever wihses to use my previous Post may also use the following:

    In accordance with Federal Law 18 U.S.C. 922(q), it is Illegal to Possess any Firearm, as defined under Federal Law 18 U.S.C. 921(a)(3), that has moved in InterState or Foreign Commerce, as defined under Federal Law 18 U.S.C.(a)(2), in any Place that the Person knows to be a School Zone, as defined under Federal Law 18 U.S.C. 921(a)(25), unless such Person has a 'Brady-exempt License', as per Federal Law 18 U.S.C. 922(q)(2)(B)(ii). ORS 166.370(3)(g)(A) and ORS 166.370(3)(g)(B) meet the further exceptions spelled out under Federal Law 18 U.S.C. 922(q)(2)(B)(iii).

    Unfortunately, Federal Law 18 U.S.C. 921(a)(25) Prohibits the Possesion of a Firearm within a 1000 feet of a Elementary or Secondary School, provided; the Firearm has moved in InterState or Foreign Commerce. Oregon has no such 1000 foot provisions, so please be careful!

    As of Press Time, Oregon has NOT introduced a Firearms Freedom Act, which would exert Oregon State Sovereignty, in accordance with The 9th Amendment AND The 10th Amendment of The United States Constitution, as against Federal Law 18 U.S.C. 921(a)(25) for Firearms that have NOT moved in or otherwise affected InterState Commerce. However, Oregon may do so in its 2011 Legislative Session!
    Last edited by aadvark; 10-31-2010 at 02:56 PM.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •