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Thread: Open carry in Medford oregon parks

  1. #1
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    Open carry in Medford oregon parks

    I have a Question. I have been open carry in Medford Oregon and other close cities. My Question is can they enforce a park code that says no Firearms in general and is not posted at any public park to my knowledge,but is posted online at city Medford oregon?


    Also on 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:

    (a) A law enforcement officer in the performance of official duty.

    (b) A member of the military in the performance of official duty.

    (c) A person licensed to carry a concealed handgun.

    (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.

    (e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife.

  2. #2
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    i did not see a park "code" , i did however see a park "rule" stating no firearms..... well a rule is worthless without a corresponding code to back it up and i did not see any while looking at medfords codes.....
    so, i would say no....

    open carry all you want.....

    i have never been questioned and i go to the parks often anjd open carry.....

    and since i have a concealed carry permit, it doesnt really matter anyway.... the rule and any code is worthless

  3. #3
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    Smile

    Hey thanks that make a lot of sense. Because I did read the state statues ORS 166.170 to ORS 166.176 and I know that they can't make a ordinance on unloaded firearms and other such, but I did had some fear about it and want to clarify. Thank YOU

  4. #4
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    One thing to find out is who owns and runs the park? City, county, or state and then go from there.

    As far as state parks, they seem only to regulate discharge of.
    736-010-0040
    (n) Discharging any firearm, bow and arrow, slingshot, pellet gun, or other weapon capable of injuring humans or wildlife or damaging property, except in those park area locations and for those purposes specified in OAR 736-010-0055(7);

  5. #5
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    i recently went camping at the joseph stewart state recreation area at lost creek lake. many in our group open carry.... many more concealed. and we had daily interaction with the rangers and had no issues at all.

  6. #6
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    Thumbs up

    Well I just call the city attorney (Kevin) and he said it is enforceable because park have a right to do so (but he did not explained very well on how force-able such as citation and such). Yet I explain the statute of Oregon ORS 166.170 and then he said I was correct and that the park RULE is not enforceable, because it violate state statute.

    So to the point, The Medford parks rules on firearms is no longer valid and can not be forces on anyone unless the firearm is not possess lawfully (Medford code).

  7. #7
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    Quote Originally Posted by Warren Drouin View Post
    So to the point, The Medford parks rules on firearms is no longer valid and can not be forces on anyone unless the firearm is not possess lawfully (Medford code).
    actually, the rule never was valid..... without a coresponding legal code, they cant legally enforce the rules, and if you have a ccw, the rule doesnt apply to you even if they did have a code.

  8. #8
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    You have to watch the city codes, they might have one that says something along the lines of "violations of administrative rules for _______" constitute a violation of this statute.

    Now the CHL negates any such thing and I'm not aware of anything like that in Medford but I'm not a lawyer and haven't read everything in the Medford codes.

    I would think it would also be a questionable statute under premption since the city didn't make the "rule" and didn't pass a firearms restriction (which could only be prohibiting non CHL holders from carrying loaded). Doesn't seem to meet the necessity of the city passing an ordinance restricting loaded firearms.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

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