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Thread: Open Carry and the Philly event.

  1. #1
    Regular Member VW_Factor's Avatar
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    Open Carry and the Philly event.

    On the Lars Larson show today..

    I don't normally listen to the show, but I jumped into a rental truck to go fill it up, and the radio was on the show. I noticed they were talking about open carry and such things. Just thought it was nice to hear about it on the radio.

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    I was talking to Lars on the show today on the ORS 166.380, but lars I guess still thinks a LEO can stop someone and inspect their firearm for any reason.
    Last edited by Historyman1942; 05-17-2011 at 07:40 PM.

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    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by Historyman1942 View Post
    I was talking to Lars on the show today on the ORS 166.380, but lars I guess still thinks a LEO can stop someone and inspect their firearm for any reason.
    I over heard more than a couple mis-statements about what the law actually says. I was also surprised that he was not aware of the PDX ban on loaded mags. (Non CHL of course). I think OFF is working on those PDX unconstitutional laws last I heard however.

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    Regular Member Lord Sega's Avatar
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    I wish I had heard that broadcast... any chance his broadcast is available on the web?

    The inspection (ORS 166.380) is only "while in or on a public building to determine whether the firearm is a loaded firearm." not walking down the street.

    Of course, with city UOC ordinances, you can be "Terry stopped" to confirm it is unloaded OR to confirm you have a CHL. I would just admit to it being loaded and offer to show my CHL so the LEO does not then have to handle my weapon. (one of the main reasons I got a CHL is so I don't have to worry about BS city laws).

    I'm still waiting for the city ordinance that requires the mag/clip be empty to be challenged since ORS 166.170 does not allow cities to regulate ammo, just unloaded w/o CHL. I did send Portland's City Attorney an e-mail about 14A.60.010 B twice, but not response (not a big surprise there).

    OREGON STATE
    166.170 State preemption.

    (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]

    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.

    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.

    So Portland's 14A.60.010 A is ok by state law, but B is VIOD (IMHO IANAL but it is straight forward compared to most lawyereese.)
    Last edited by Lord Sega; 05-18-2011 at 02:12 AM.

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    Regular Member Curmudgeon's Avatar
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    [QUOTE=Lord Sega;1533380]I wish I had heard that broadcast... any chance his broadcast is available on the web?

    ~snip~

    You can find it here... http://www.youtube.com/user/pistolpa.../0/_6fAQ5sATZg

    While many claim to support the right to keep and bear arms, precious few support the practice.

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    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by Lord Sega View Post
    So Portland's 14A.60.010 A is ok by state law, but B is VIOD (IMHO IANAL but it is straight forward compared to most lawyereese.)
    Indeed. I am sure however it will not stop the DA from trying to nail someone with it.

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