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Thread: On public school/university grounds without a permit?

  1. #1
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Question On public school/university grounds without a permit?

    I'm guessing there is case law that will clarify this, but I don't know it. Hopefully somebody does. ORS 166.360(4) states:

    “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.
    Obviously if I'm open carrying without a CHL I can't go into a school building. But can I go onto school grounds? The law is less than clear on the subject and the Oregon OC pamphlet throws colleges and universities in the "public buildings" section, which makes it sound like the grounds would be okay to OC upon. I'm not a student BTW.

    Edit: Just noticed this part, "and the grounds adjacent to each such building". So it's a no-go then. Any case law defining what "grounds adjacent" means?
    Last edited by bigtoe416; 06-20-2011 at 03:28 PM.

  2. #2
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Okay, how about this...if I'm walking past city hall on a public sidewalk, is this considered to be on "the grounds adjacent to each such building"?

  3. #3
    Regular Member We-the-People's Avatar
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    Without the CHL you're going to be up against federal law in regards to the schools. That requires 1000 feet from the school grounds (and of course there are some exceptions such as cops, licensed, private property, etc.)
    Title 18, subsection 922.

    As for the "public buildings" as defined in Oregon (ORS 166.360), it's kind of grey to me (without CHL) though the public sidewalk bordering a public building (not a school due to Title 18 ss 922 should not be an issue.
    "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.

  4. #4
    Regular Member Cremator75's Avatar
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    Here is how Beaverton is supposed to deal with public buildings. Notice it says "in" buildings.


    From: xxxxxxxxxx
    Sent: Wednesday, March 14, 2007 8:11 AM
    To: All BPD Staff
    Subject: Training Bulletin #07-08 Possession of Firearms in Public
    Buildings

    Training Bulletin #07-08 Possession of Firearms in Public Buildings

    Under ORS 166.370, it's usually a Class C felony for a person to possess
    a firearm or other dangerous weapon in a public building, such as City
    Hall.

    There are the exceptions to the prohibition. For example, peace
    officers and members of the military may carry a firearm or other
    dangerous weapons into a public building while engaged in the
    performance of their official duties.

    Also, a sometimes overlooked exception relates to "a person licensed ...
    to carry a concealed handgun." A person holding a valid concealed
    handgun license may carry a firearm or other dangerous weapon in a
    public building, just as if the person were a peace officer or member of
    the military.

    Regardless of whether the person is a police officer, member of the
    military or a person licensed to carry a concealed handgun, the firearm
    or other dangerous weapon does not need to be concealed. It can be
    carried openly or it can be carried concealed.

    When a person enters a public building with a firearm or other dangerous
    weapon and the person does not appear to be either a peace officer or a
    member of the military, a police officer may stop the person to ask if
    they have a concealed handgun license.

    The stop and talk can take place regardless of whether the person is
    carrying the firearm or other dangerous weapon openly or concealed.
    Possession of a firearm or other dangerous weapon in a public building
    is usually prohibited, and police have authority to stop and talk to a
    person who appears to be acting in violation of that prohibition.

    If the person does not have the concealed handgun license in their
    immediate possession, and the officer otherwise has probable cause to
    believe the person is carrying a firearm or dangerous weapon in
    violation of ORS 166.250, the person may be arrested.

    But if the person has in his or her immediate possession a valid license
    to carry a concealed handgun, then ORS 166.262 states that "a peace
    officer may not arrest or charge a person for [carrying a firearm in a
    public building]."

    The above information was provided by the City Attorney's Office.

  5. #5
    Regular Member We-the-People's Avatar
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    Sounds like a good rundown on state law. Including the prohibition on arrest for firearm in public building if in possession of a CHL.

    That's ORS 166.262
    "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.

  6. #6
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    Quote Originally Posted by We-the-People View Post
    Without the CHL you're going to be up against federal law in regards to the schools. That requires 1000 feet from the school grounds (and of course there are some exceptions such as cops, licensed, private property, etc.)
    Title 18, subsection 922.
    Remember schools only include those K-12 under the Federal Statue just to make that clear... however We-The-People I know you are aware of that, just thought I would clarify it for those who have not actually read the law.

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