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Thread: Court of Appeals gets one right

  1. #1
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    Court of Appeals gets one right

    The Oregon Court of Appeals of turns University Gun Ban

    http://www.kgw.com/news/Oregon-appea...130737873.html

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Awesome! So is that open carry holster still going to be empty We-the-People?

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    I would carry tomorrow before the appeal is filed with the State Supreme court.

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    Regular Member We-the-People's Avatar
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    http://oregonfirearms.org/alertspage....11%20ous.html
    Quote Originally Posted by bigtoe416 View Post
    Awesome! So is that open carry holster still going to be empty We-the-People?
    Dern it I got beat to it. Here's the OFF alert as well http://oregonfirearms.org/alertspage....11%20ous.html

    I'll have to think about it Bigtoe. The University system isn't RCC....you KNOW they'll squabble and hem and haw (and this is my last quarter for my AS)....but SOU where I will be NEXT quarter is Oregon University system. The poor things.

    I'll be contacting Kevin (at OFF) and discussing the "finer points" of the implications of the decision and making a determination. If I weren't going through my divorce (i.e. financially challenged) there wouldn't be a question in my mind. But as it is, on my own with no partner to back me up in pursuit of my activism it's a tougher question.
    "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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    I just received the OFF Alert email and I am thrilled.

    @We-The-People: Do consider carrying on campus. If you do, I will put on my holster up here at MHCC in support.

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    Does this mean you can open carry on campus with or without a CCW?

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Earl Scott View Post
    The Oregon Court of Appeals of turns University Gun Ban

    http://www.kgw.com/news/Oregon-appea...130737873.html
    The Oregon Court of Appeals overturns University Gun Ban
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by We-the-People View Post
    http://oregonfirearms.org/alertspage....11%20ous.html

    Dern it I got beat to it. Here's the OFF alert as well http://oregonfirearms.org/alertspage....11%20ous.html

    I'll have to think about it Bigtoe. The University system isn't RCC....you KNOW they'll squabble and hem and haw (and this is my last quarter for my AS)....but SOU where I will be NEXT quarter is Oregon University system. The poor things.

    I'll be contacting Kevin (at OFF) and discussing the "finer points" of the implications of the decision and making a determination. If I weren't going through my divorce (i.e. financially challenged) there wouldn't be a question in my mind. But as it is, on my own with no partner to back me up in pursuit of my activism it's a tougher question.
    while rcc isnt part of the state university system it IS still a public school drawing funds from the state and will eventually be force to acknowledge that the same laws apply to them
    *Disclaimer~ I am not an attorney, i do not give legal advice. Any opinion stated here is in no way meant to insinuate, imply, compel or encourage that you should do anything that is illegal either knowingly or otherwise. My answers however valid may not be complete or applicable to your individual situation. I strongly recommend that you do your own research, make your own decisions and hire an attorney for legal advice ~

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    Quote Originally Posted by onedavetoomany View Post
    Does this mean you can open carry on campus with or without a CCW?
    With a Concealed Handgun License.
    166.370 Possession of firearm or dangerous weapon in
    public building or court facility; exceptions; discharging
    firearm at school.

    (1) 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, shall upon
    conviction be guilty of a Class C felony.

    (3) Subsection (1) of this section does not apply to:

    (d) A person who is licensed under ORS 166.291 and
    166.292 to carry a concealed handgun.
    Last edited by Dogbait; 09-28-2011 at 10:21 PM.

  10. #10
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by onedavetoomany View Post
    Does this mean you can open carry on campus with or without a CCW?
    We've always been able to LEGALLY carry on campus with a CHL. The problem has been that the school policies all prohibit it and they take disciplinary action against students, trespass non students, and prohibit employees as part of their employment agreements.

    This decision is a major win though I haven't gotten the nuances digested yet. I have a message in to Kevin at OFF to get his take on it and he will be on the Bill Meyer show in Medford (likely Larson soon as well) tomorrow morning.

    Bigtoe....so if I OC a firearm, you'll OC a HOLSTER? Ummmm why just a holster?
    "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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    Quote Originally Posted by We-the-People View Post
    so if I OC a firearm, you'll OC a HOLSTER? Ummmm why just a holster?

    With a firearm in it of course. I usually don't OC with an empty holster, so for me, putting on a holster means it will have a firearm in it.
    Last edited by Dogbait; 09-28-2011 at 10:53 PM.

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    I am not a lawyer nor do I claim to be as I am wondering how this opinion effects dorms as they could be considered private residences and not public building. I would love to here what the legal eagles come up with.

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    Quote Originally Posted by Earl Scott View Post
    I am not a lawyer nor do I claim to be as I am wondering how this opinion effects dorms as they could be considered private residences and not public building. I would love to here what the legal eagles come up with.

    I would think dorm rooms are similar to apartments. An individual room is a private residence and the hallways, lobbies, etc are a public place. IANAL so don't quote me on it.

    161.015 General definitions. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:

    (10) “Public place” means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation. [1971 c.743 §3; 1973 c.139 §1; 1979 c.656 §3; 1991 c.67 §33; 1993 c.625 §4; 1995 c.651 §5]

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    Regular Member We-the-People's Avatar
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    Quote Originally Posted by Dogbait View Post
    With a firearm in it of course. I usually don't OC with an empty holster, so for me, putting on a holster means it will have a firearm in it.
    Ahhhhh okay. Since I always OC it didn't make sense to me. LOL Will send PM shortly.
    "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.

  15. #15
    Regular Member hermannr's Avatar
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    Does OR already have (like WA) a court ruling that a holstered handgun, though visible, is not a threatening display, and therefore not illegal in and of itself?

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    Already I am reading a lot of information that people think this only allows conceal carry on the campus haha. Just wait for those who OC to shoot down that rumor.

    All for the right to CC or OC, or not carry at all. It's a right!

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    Response from Mt. Hood Community College about the ruling..

    Thank you for conveying this information. We did in fact, receive word of this ruling from our legal counsel yesterday and we are communicating this update throughout the college leadership and the campus community. In the main, our regs & policies state that the college will follow the law regarding these matters. We are scanning all of our administrative rules, policies and codes now to identify what, if anything should be updated to that end. I don’t yet know which specific codes may need to be changed. But as you point out, it is important that everyone realize how interpretation of the law has changed and what this means for students, faculty and staff.

    As I’m sure you can appreciate, there will always be folks who feel more comfortable in the presence of guns, while there will also always be folks who feel more comfortable in the absence of guns. We need to balance the interests and sensitivities of all MHCC campus users toward a safe and vibrant learning environment. We will do our best to make sure everyone is aware of their rights and responsibilities regarding licensed firearms on campus.

    Best Regards,

    Michelle

    Executive Coordinator for Strategic Initiatives & Board Relations
    Edit: podcast for the Bill Meyer show is available.

    http://oregonedeals.com/podcast/?p=episode&name=2011-09-29_09-29-11-thursday_7am.mp3

    Sent from my HTC EVO
    Last edited by Dogbait; 09-29-2011 at 06:42 PM.

  18. #18
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Dogbait View Post
    Response from Mt. Hood Community College about the ruling..

    Thank you for conveying this information. We did in fact, receive word of this ruling from our legal counsel yesterday and we are communicating this update throughout the college leadership and the campus community. In the main, our regs & policies state that the college will follow the law regarding these matters. We are scanning all of our administrative rules, policies and codes now to identify what, if anything should be updated to that end. I don't yet know which specific codes may need to be changed. But as you point out, it is important that everyone realize how interpretation of the law has changed and what this means for students, faculty and staff.

    As I'm sure you can appreciate, there will always be folks who feel more comfortable in the presence of guns, while there will also always be folks who feel more comfortable in the absence of guns. We need to balance the interests and sensitivities of all MHCC campus users toward a safe and vibrant learning environment. We will do our best to make sure everyone is aware of their rights and responsibilities regarding licensed firearms on campus.

    Best Regards,

    Michelle

    Executive Coordinator for Strategic Initiatives & Board Relations


    Poleeze! No more balancing or sensitivity. Learn and teach that their are only two ways to deal with people: By reason or by force and criminals are seldom (ever?) deterred by reason = feel good rules and /or laws.

    Are any of your firearms licensed? Just checked the one that I am presently carrying and I see no license, not even a place for one.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  19. #19
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by Dogbait View Post
    Response from Mt. Hood Community College about the ruling..



    Edit: podcast for the Bill Meyer show is available.

    http://oregonedeals.com/podcast/?p=e...ursday_7am.mp3

    Sent from my HTC EVO
    And Open Carry got into the conversation....hmmmm wonder how that happened. LOL I'll have to go listen to the pod cast as I set the alarm so I could listen and was still a little groggy when I called. WOW they put me on fast!!!
    "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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