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Open Carry and the Philly event.

VW_Factor

Regular Member
Joined
Nov 1, 2010
Messages
1,092
Location
Leesburg, GA
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.
 

Historyman1942

Regular Member
Joined
Mar 10, 2011
Messages
55
Location
Salem, OR
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. :p
 
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VW_Factor

Regular Member
Joined
Nov 1, 2010
Messages
1,092
Location
Leesburg, GA
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. :p

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.
 

Lord Sega

Regular Member
Joined
Jul 10, 2010
Messages
311
Location
Warrenton, Oregon
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.)
 
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